Website terms & conditions
Important: Please Read These Terms & Conditions Carefully Before Accessing Our Website.
This document was last updated March 27, 2017.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
2. LEGAL PURCHASE AGE
The Site is intended for adults of legal purchasing age in their respective jurisdictions, and we do not knowingly collect any personal information from anyone under the age of 21 in the United States or from anyone under the legal purchase age in their respective jurisdiction. If you are not of the legal purchase age in the jurisdiction in which you reside, you are not authorized to use the Site; please stop any use immediately.
3. USE OF THIS SITE
CSI maintains this site for your personal entertainment, education, or information. You may not use computer programs, including, but not limited to, robots, bots, crawlers, indexers, or any device, algorithm, program or method (either automatic or manual) to access, copy, acquire or monitor the Site or its content, or any portion thereof, or circumvent or reproduce the structure and presentation of the Site or any content on the Site, to seek, obtain or attempt to obtain information, documents or materials through any means not purposely made available through the Site. Any such computer programs, devices, algorithms, programs or methods shall be deemed agents of the individual(s) who author or control them. You will not use the Site (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to falsify your identity or impersonate another person; or (iv) to engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
4. USE AND OWNERSHIP OF MATERIALS / PROPRIETARY RIGHTS
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure), and video, and the look and feel, design and compilation thereof) at this Site are owned by CSI or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share, or make available to any person, or create derivative works of such material or content. CSI is the copyright owner of this Site and no portion of this Site, including but not limited to the text, images, audio, or video, may be used in any manner, or for any purpose, without CSI’s express written permission, except as provided for herein. Without waiving any of the foregoing rights, you may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use, provided all copyright and other proprietary notices (discussed below) contained on the materials are retained, and that such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying, whether in electronic, hard copy, or other format is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, create hypertext or other links or connections to any Site materials, or make available to any person, or create derivative works of such Site material, or use it for commercial purposes, without CSI’s prior written consent. All rights not expressly granted here are reserved to CSI. By entering this Site you acknowledge and agree that any name, logo, trademark, trade dress, slogan, or service mark appearing on this Site is owned or licensed by CSI or its licensor and may not be used by you without prior written approval. Removing or altering any copyright notice or any other proprietary notice on any Site material is strictly prohibited. Sound, graphics, charts, text, video, information, or images of products, places, or people are either the property of CSI or used on this Site with permission. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
5. PRODUCT INFORMATION
The prices displayed on the Site are quoted in U.S. Dollars. Although we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. Please note that payment for products purchased from the www.hochstadtersfamilyreserve.com is processed via PayPal™. CSI does not control the policies or practices of third parties, such as PayPal, and we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of any website before you provide any personal information or complete any transaction.
6. USE OF SUBMISSIONS AND USER CONDUCT
For any materials of any kind transmitted or submitted by you on or through the Site, by email or otherwise (a “Submission”), you automatically grant, represent, and warrant that you have the right to grant to CSI an irrevocable, perpetual, non-exclusive, transferable, sublicensable, fully paid, royalty-free, worldwide right and license to use, copy, reproduce, publicly perform, publicly display, reformat, modify, translate, excerpt (in whole or in part), transmit and distribute such Submission, in whole or in part, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing in any media formats and through any media channels now known or hereinafter existing. You agree that we own all right, title, and interest in any compilation, collective work or other derivative work created by CSI using or incorporating your Submissions, notwithstanding the fact that you retain ownership of all right, title, and interest in your Submissions. You further authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of any Submission on the Site. You represent, warrant and agree that no Submission will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material. CSI shall have the right, in its sole discretion, to decline to post and/or remove any Submission(s) for any reason or for no reason at all, at any time, and without notice. CSI does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and CSI expressly disclaims any and all liability in connection with Submissions.
By entering the Site you agree that you will not take any action in relation to the Site that is improper, unlawful, or immoral. You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that CSI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further acknowledge and understand that you may be exposed to visitor submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you may have against CSI with respect thereto.
7. COMMUNICATIONS WITH THIS SITE
You are prohibited from making Submissions that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. CSI will fully comply with any applicable law, regulation, or order of any court or other governmental authority and fully cooperate with all law enforcement authorities, including but not limited to, maintaining and disclosing any of your Submissions, disclosing your identity or helping to identify you.
Any of your Submissions, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Your Submissions may be edited by or on behalf of CSI, may or may not be posted to this Site at the sole discretion of CSI and may be used by CSI for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CSI is free to use any ideas, concepts, know-how, or techniques contained in your Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If your Submission contains any ideas, concepts, materials or other communications to this Site, you accept that it may be used by CSI without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although CSI may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, or other content on the Site, CSI is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. CSI assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Given the nature of the Internet, the transmission of any communication or material to CSI via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating with CSI via e-mail or the Internet, visitors can contact CSI by postal mail at 2633 Trenton Avenue, Philadelphia, PA 19125.
8. LIABILITY EXCLUSIONS AND LIMITATIONS
Use of the Site is entirely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the following exclusions and limitations may not apply to you and you may have additional rights.
a. No Warranties.
CSI DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, THE SITE MATERIALS ON AND IN, AND MADE AVAILABLE THROUGH, THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS,” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS ON AND IN, AND MADE AVAILABLE THROUGH, THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT
b. Limitation of Liability
CSI, including its affiliates, and each of their directors, officers, agents, contractors, partners and employees, shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials on and in, and made available through, this Site, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. If you are dissatisfied with the Site, you do not agree with any part of this agreement, or you have any other dispute of claim with or against CSI, then your sole and exclusive remedy is to discontinue using the Site. Under no circumstances will the total liability of CSI to you or any other person or entity in connection with, based upon, or arising from this site, the site materials on and in, and made available through, this site, or the information, or products offered in connection therewith exceed the price paid by you for such products.
9. CORRECTIONS, CHANGES AND TERMINATION
CSI endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms or otherwise, CSI is not responsible for any errors or omissions in the Site or Site Materials. CSI may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and CSI makes no commitment to update the information contained on or in this Site. CSI reserves the right to terminate your access to this Site for any reason whatever or no reason, with or without notice, including without limitation in the event that you violate these Terms, and without liability to you or any third party. We may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
You agree to defend, indemnify, and hold harmless CSI, including its affiliates, and each of their directors, officers, agents, advisors, contractors, partners and employees, from and against any and all liabilities, claims (including claims without legal merit or brought in bad faith, proceedings, causes of action, obligations, damages, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising out of or in connection with your use of this Site, your Submission(s) to the Site, or any violation of these Terms or of any law or the rights of any third party by you. Each indemnified party hereunder reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section.
11. LINKS TO OTHER WEB SITES
The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which CSI exercises no control, and CSI expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms or otherwise, CSI is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other Web sites or by third parties.
12. USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms or otherwise, neither CSI nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
13. GOVERNING LAW AND JURISDICTION
These Terms and this Site will be governed by and construed in accordance with the laws
These Terms and this Site are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict of laws principles. By entering the Site you acknowledge and agree that this Site will only be construed and evaluated according to such laws. You and CSI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Commonwealth of Pennsylvania and waive any jurisdictional, venue or inconvenient forum objections to such courts. Your conduct may be subject to other laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section 14 (Governing Law and Jurisdiction).
If you use this site from other locations you are responsible for compliance with any and all applicable local laws. CSI makes no representations that the materials contained within this site are appropriate for locations outside the United States. Any and all information contained in this site, including but not limited to information regarding products and services, applies only to those provided or offered within the United States. Any offer for any product, feature, service or application made on this Site is void where prohibited.
14. YOU HAVE LIMITED TIME TO BRING A LEGAL CLAIM
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose. If not so filed, such claim or cause of action shall be permanently barred.
15. COPYRIGHT INFRINGEMENT
CSI respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. If you believe that your work has been copied and is accessible on or through the Site in a way that constitutes copyright infringement, please contact us at 2633 Trenton Avenue, Philadelphia, PA 19125 to report any alleged copyright infringement to CSI.
16. SEVERABILITY ASSIGNMENT
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. CSI may assign these Terms, in whole or in part, at any time with or without notice to you.
17. ENTIRE AGREEMENT
Cooper Spirits International, LLC
© Cooper Spirits International, LLC. All rights reserved.