Terms & Conditions
TERMS OF USE
Last Modified: Dec 1, 2016
TERMS & CONDITIONS
Introduction
Welcome to the website of Austin Eastciders Inc.. (“Austin Eastciders”, “Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (the “Terms of Use”) govern you access to and use of the content, functionality, and products or services offered by us through the website located at www.Austin Eastciders.com, through the Austin Eastciders microsites or mobile application (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the Website and print a copy for your records. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time with or without notice to you. We will post the changes on this page and will indicate at the top of this page the date on these Terms of Use was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms of Use. Your continued use of this Website and offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms of Use. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. Your sole remedy for dissatisfaction with this Website, any products, services or other offerings available on this Website, or these terms, is to cease use of the Website and/or the offerings. If you do not agree to abide by this or any future Terms of Use, do not use or access (or continue to use or access), browse or use the Website. We will have you validate your agreement to the Terms of Use prior to placement of any order. If you have any questions about the Terms of Use or any aspect of your order, please contact us at shopkeeper@Austin Eastciders.com.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the Website is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
Order Acceptance and Billing
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, Austin Eastciders reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Austin Eastciders may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”) or PayPal account.
Austin Eastciders reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied.
Austin Eastciders reserves the right to deny any order for any reason, including, but not limited to, the following situations:
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
- or any suspected fraudulent information.
Intellectual Property
We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by Austin Eastciders, one of its affiliates or by third parties who have licensed their materials to Austin Eastciders and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of Austin Eastciders or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of Austin Eastciders and is also protected by U.S. and international copyright laws.
The trademark Austin Eastciders, and the Austin Eastciders.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of Austin Eastciders in the United States and other countries.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Austin Eastciders. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
User Content
Any communication or material that you transmit or submit to this Website or to us, whether by email or other means, for any reason, will be treated as non-confidential user content (“User Content”). While you retain all rights to the User Content, by transmitting or submitting such User Content to this Website or to us, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, translate, create derivative works from, perform, and otherwise use the User Content for any purpose whatsoever in any form, media or technology now known or later developed. You agree that we may use such User Content without incurring any liability for royalties or any other consideration of any kind.
Copyright Infringement
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Website, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Counter-Notification. If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the Southern District of New York, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
5. Your physical or electronic signature.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Website without liability to you or any other party.
Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• 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.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Linking To The Website And Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content or information from the Website accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
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.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links From The Website
If the 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 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The presence of links to other websites does not imply a partnership, relationship, approval, and support of the Company for such sites and their contents.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE, INCLUDING ALL ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS". ANY USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS WEBSITE ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS WEBSITE OR YOUR USE OF THIS WEBSITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS WEBSITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. THE COMPANY'S PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE MAY NOT BE AVAILABLE IN YOUR REGION.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THESE TERMS OF USE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO ONE DOLLAR (US $1.00).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNITY
YOU WILL INDEMNIFY AND HOLD US, OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS (INCLUDING, WITHOUT LIMITATION ANY ATTORNEYS' FEES AND COSTS, INCLUDING ON APPEAL) ARISING OUT (I) YOUR BREACH OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE WEBSITE.
General Information
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms of Use or your use of the Website.
The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision contained in this document is deemed or declared as void, illegal, or ineffective; the validity, legality, enforceability and efficacy of the other provisions included herein, will not be affected.
The Terms of Use inure to the benefit of Company's successors, assigns and licensees. The section headings are for convenience only and will not be used to interpret these Terms of Use.
The Terms of Use, our Terms of Sale and Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Any provision of these Terms of Use which by its nature is intended to survive the termination of these Terms of Use will survive such termination.
At Austin Eastciders Inc.. (“Austin Eastciders”, “Company”, “we”, “us”, or “our”) we value our customers and respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.Austin Eastciders.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect on this Website, in e-mail, text and other electronic messages between you and this Website, through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website, and when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Austin Eastciders’s website regularly uses technologies such as cookies. A “cookie” is a small file stored by your web browser on your computer. Cookies allow us to recognize you when you arrive at our Website by associating an anonymous identification number in the cookie. At no time is your name, street address, or credit card number stored within one of our cookies.
These cookies allow us to understand how you clicked to our Website and what pages you click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests.
Accepting cookies through your web browser is your personal choice. You can set your browser to disable cookies. However, if you choose not to accept cookies, we may not be able to provide you with the best online experience specifically tailored to your needs.
Our Website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide personal information through our Website. We do not knowingly collect information from children under 13 without parental consent. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
“Phishing” is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.
We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.
This Privacy Policy is subject to change. Please review it periodically. If we make changes to the U.S. Online Privacy Notice, we will revise the “Last Updated” date at the top of this Policy. Any changes to this Policy will become effective when we post the revised Policy on our Website. Your use of our Website following these changes means that you accept the revised Policy.
To ask questions or comment about this privacy policy and our privacy practices, contact us
Last Modified: Dec 1, 2016
TERMS & CONDITIONS
Introduction
Welcome to the website of Austin Eastciders Inc.. (“Austin Eastciders”, “Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (the “Terms of Use”) govern you access to and use of the content, functionality, and products or services offered by us through the website located at www.Austin Eastciders.com, through the Austin Eastciders microsites or mobile application (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the Website and print a copy for your records. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time with or without notice to you. We will post the changes on this page and will indicate at the top of this page the date on these Terms of Use was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms of Use. Your continued use of this Website and offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms of Use. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. Your sole remedy for dissatisfaction with this Website, any products, services or other offerings available on this Website, or these terms, is to cease use of the Website and/or the offerings. If you do not agree to abide by this or any future Terms of Use, do not use or access (or continue to use or access), browse or use the Website. We will have you validate your agreement to the Terms of Use prior to placement of any order. If you have any questions about the Terms of Use or any aspect of your order, please contact us at shopkeeper@Austin Eastciders.com.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the Website is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
Order Acceptance and Billing
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, Austin Eastciders reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Austin Eastciders may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”) or PayPal account.
Austin Eastciders reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied.
Austin Eastciders reserves the right to deny any order for any reason, including, but not limited to, the following situations:
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
- or any suspected fraudulent information.
Intellectual Property
We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by Austin Eastciders, one of its affiliates or by third parties who have licensed their materials to Austin Eastciders and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of Austin Eastciders or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of Austin Eastciders and is also protected by U.S. and international copyright laws.
The trademark Austin Eastciders, and the Austin Eastciders.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of Austin Eastciders in the United States and other countries.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Austin Eastciders. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
User Content
Any communication or material that you transmit or submit to this Website or to us, whether by email or other means, for any reason, will be treated as non-confidential user content (“User Content”). While you retain all rights to the User Content, by transmitting or submitting such User Content to this Website or to us, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, translate, create derivative works from, perform, and otherwise use the User Content for any purpose whatsoever in any form, media or technology now known or later developed. You agree that we may use such User Content without incurring any liability for royalties or any other consideration of any kind.
Copyright Infringement
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Website, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Counter-Notification. If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the Southern District of New York, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
5. Your physical or electronic signature.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Website without liability to you or any other party.
Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• 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.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Linking To The Website And Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content or information from the Website accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
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.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links From The Website
If the 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 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The presence of links to other websites does not imply a partnership, relationship, approval, and support of the Company for such sites and their contents.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE, INCLUDING ALL ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS". ANY USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS WEBSITE ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS WEBSITE OR YOUR USE OF THIS WEBSITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS WEBSITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. THE COMPANY'S PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE MAY NOT BE AVAILABLE IN YOUR REGION.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THESE TERMS OF USE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO ONE DOLLAR (US $1.00).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNITY
YOU WILL INDEMNIFY AND HOLD US, OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS (INCLUDING, WITHOUT LIMITATION ANY ATTORNEYS' FEES AND COSTS, INCLUDING ON APPEAL) ARISING OUT (I) YOUR BREACH OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE WEBSITE.
General Information
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms of Use or your use of the Website.
The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision contained in this document is deemed or declared as void, illegal, or ineffective; the validity, legality, enforceability and efficacy of the other provisions included herein, will not be affected.
The Terms of Use inure to the benefit of Company's successors, assigns and licensees. The section headings are for convenience only and will not be used to interpret these Terms of Use.
The Terms of Use, our Terms of Sale and Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Any provision of these Terms of Use which by its nature is intended to survive the termination of these Terms of Use will survive such termination.
At Austin Eastciders Inc.. (“Austin Eastciders”, “Company”, “we”, “us”, or “our”) we value our customers and respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.Austin Eastciders.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect on this Website, in e-mail, text and other electronic messages between you and this Website, through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website, and when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Austin Eastciders’s website regularly uses technologies such as cookies. A “cookie” is a small file stored by your web browser on your computer. Cookies allow us to recognize you when you arrive at our Website by associating an anonymous identification number in the cookie. At no time is your name, street address, or credit card number stored within one of our cookies.
These cookies allow us to understand how you clicked to our Website and what pages you click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests.
Accepting cookies through your web browser is your personal choice. You can set your browser to disable cookies. However, if you choose not to accept cookies, we may not be able to provide you with the best online experience specifically tailored to your needs.
Our Website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide personal information through our Website. We do not knowingly collect information from children under 13 without parental consent. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
“Phishing” is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.
We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.
This Privacy Policy is subject to change. Please review it periodically. If we make changes to the U.S. Online Privacy Notice, we will revise the “Last Updated” date at the top of this Policy. Any changes to this Policy will become effective when we post the revised Policy on our Website. Your use of our Website following these changes means that you accept the revised Policy.
To ask questions or comment about this privacy policy and our privacy practices, contact us