Effective Date: 11/12/2018
Applicable To The Following Website:
1. Accessing our Website and Account Security. We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.
2. Your Obligations.
(a) You are responsible for making all arrangements necessary for you to have access to our Website.
(d) If you have specific login credentials, such as a user name, password or any other piece of information given as part of our security procedures (collectively “User ID”), your User ID must be treated as confidential, and you must not and will not disclose such information to any other person or entity. You agree to notify us immediately of any suspected or confirmed unauthorized access to or use of your User ID or any other breach of security that could affect us, our Website or our services to you. You also agree to ensure that you exit from any non-public CERIA account you have at the end of each session. You should use particular caution when accessing your non-public CERIA account from a public or shared computer so that others are not able to view or record your User ID, your other personal information, or information that we generate or display on our Website.
3. Intellectual Property Rights
(a) Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, unique color choices, images, video and audio, and the design, selection and arrangement thereof), are owned by CERIA, CERIA’s licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(i) Your computer may temporarily store copies of such materials in random access memory (or RAM) incidental to your accessing and viewing those materials.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may print or download information provided on our Website for your personal or internal business purposes only, and not for further reproduction, publication or distribution to third parties that are not part of your internal business.
(c) You must not – and by using our Website, you agree not to:
(i) modify any copyrighted materials from or on our Website;
(ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
(iii) delete or alter or obscure any copyright, trademark, service mark or other proprietary rights notices from copies of materials from our Website.
If you wish to make any use of material on our Website other than that set out in this section, please email your request to: email@example.com.
CERIA’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of CERIA or CERIA’s affiliates or licensors. You must not – and by using our Website, you agree not to – use such marks without receiving prior written permission to you from CERIA. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
5. Prohibited Uses
(i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the use of cannabis or export of data or software to and from the United States of America (the “USA”) or other countries) or would give rise to civil liability;
(ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(iii) to do anything that is fraudulent, false, misleading or deceptive, including but not limited to impersonating or attempting to impersonate CERIA, a CERIA officer, agent or employee, another user or any other person or entity (including, without limitation, by using email addresses, login credentials, or screen names associated with any of the foregoing);
(iv) to do anything that is defamatory, obscene, pornographic or vulgar;
(v) to share your User ID or make the functionality of any non-public portion of our Website available to multiple users through any means; or
(vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us in our reasonable business judgment, may harm CERIA or users of our Website or expose CERIA and/or our Website users to liability, violence or injury.
(b) Additionally, you agree not to:
(i) use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real-time activities through our Website;
(ii) use any robot, spider, crawler, data mining tool or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website or conducting spam activities such as gathering email addresses and personal information from others or sending any mass commercial emails;
(iii) use any manual process to monitor or copy any of the material on our Website or for any unauthorized purpose (including but not limited to reverse engineering, decompiling or disassembling any software, plug-ins or applications that might be a part of our Website) without prior written consent from CERIA to you;
(iv) use any device, software or routine that interferes with the proper working of our Website;
(v) introduce any viruses, trojan horses, worms, logic bombs or other type of software or similar material which is malicious or technologically harmful;
(vi) attempt to probe, scan or test the vulnerability of any CERIA system or network, or attempt to breach any security or authentication measures, or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website;
(vii) attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) otherwise attempt to interfere with the proper working of our Website.
6. Reliance on Information Posted
(a) Any information presented on or through our Website is made available to you solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed by you – directly or indirectly – of any information on our Website.
(b) Our Website may include content provided by third parties, including without limitation third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CERIA, are solely the opinions and the responsibility of the person or entity providing those materials. Any such other materials do not necessarily reflect the opinions of CERIA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Changes to our Website
We may update the content on our Website from time to time, but the content of our Website is not necessarily complete or up-to-date. Any of the material on our Website may be out-of-date at any given time, and we are under no obligation to update such material.
8. Information About You and Your Visits to our Website
9. Social Media Features
(a) Our Website may provide certain social media features that enable you to:
(i) link from your own or certain third-party websites to certain content on our Website;
(ii) send emails or other communications with certain content, or links to certain content, on and/or from our Website; or
(iii) cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
(b) You may use the features described above solely with respect to the content they are displayed with. Subject to the foregoing, you must not – and by using our Website, you agree not to:
(i) establish a link from any website that is not owned by you;
(ii) cause our Website or portions of our Website to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
(iii) link to any part of our Website other than the CERIA homepage at www.ceriabrewing.com (as well as any successor URLs); or
(c) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(d) We may disable all or any social media features and any links at any time, with or without notice to you, in our sole discretion.
10. Links from our Website
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such other websites.
11. Geographic Restrictions
CERIA and our Website are based in the USA. We currently provide our Website for use only by persons who are located in the USA. We make no claims that our Website or any of its content is accessible or appropriate outside of the USA. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the USA, you do so on your own initiative and you are solely responsible for compliance with local laws.
12. Disclaimer of Warranties
(a) You understand that we cannot guarantee – and we do not guarantee or warrant – that files available for downloading from the internet or our Website will be free of all viruses or other destructive code, nor that our Website will be available on an uninterrupted, secure or error-free basis. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR COMPUTER PROGRAMS, YOUR DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.
(b) YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CERIA NOR ANY PERSON ASSOCIATED WITH CERIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CERIA NOR ANYONE ASSOCIATED WITH CERIA REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) CERIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
(a) IN NO EVENT WILL CERIA, CERIA’S AFFILIATES OR CERIA’S LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CERIA’S WEBSITE OR CERIA’S SERVICE, ANY WEBSITES LINKED TO CERIA’S WEBSITE, ANY CONTENT ON CERIA’S WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH CERIA’S WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Governing Law, Jurisdiction and Dispute Resolution
16. Limitation on Time to File Claims
17. Waiver and Severability
18. Your Feedback, Comments and Suggestions for Improvements
(a) Our Website is operated by CERIA, Inc., and we can be reached at firstname.lastname@example.org
(b) We welcome your feedback, comments, suggestions for improvements, and requests for technical support and other communications relating to our Website (all collectively, your “Feedback”). Please email your Feedback to us at: email@example.com. With respect to your Feedback that we receive from you, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your Feedback that we receive from you for any purpose.
19. Entire Agreement