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TERMS AND CONDITIONS

MAPLE LEAF ORCHARDS, LLC

BALDWINCITYDISTILLERY.COM

Hello and welcome! Maple Leaf Orchards, LLC d/b/a Baldwin City Distillery/Cider Still House (the “Company”) owns and operates the website, www.baldwincitydistillery.com, and any services we offer connected to the website (collectively, the “Website”). By using the Website, you agree to comply with and be bound by these Terms (the “Terms”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE.

  1. Rules. By agreeing to these Terms, you represent that you are at least 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 the Website. You may not use our products or the Website for any illegal or unauthorized purpose, nor may you, in the use of the Website, violate any laws in your jurisdiction.

    You are responsible for maintaining the confidentiality of your login credentials (if any) and you are responsible for all information that you supply to us. By creating an account, you are representing that you are legally permitted to use our Website by the laws of your home jurisdiction.

    You are not allowed to use another person’s account and you may not access, hack, or use non-public areas of the service or information. Other users’ information may not be copied, stolen, used, or accessed in any way without their consent.

  2. General Conditions. By using the Website, you agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or a guardian. By using the Website, you further agree not to use the Website in violation of any applicable laws.

    We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or products offered through the Website without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or any other agreement between you and us.

    3. Our Content.

    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, displays, images, user and visual interfaces, specifications, certifications, technical guidelines, catalogs, data, video, audio, and other Company materials contained herein, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof (herein, the “Content”)), are owned by the Company, its licensors, or other third party providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any copying, redistribution, uploading, posting, mirroring (to any other computer, server, website or other medium, public display), republication, transmission, sale, incorporation into derivative works, or other distribution by you of any such Content or any part of the Website is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. We reserve all other rights.

    Others’ Content.

    To the extent you are able to view, or have access to, another member/user’s content, you shall treat any such information as confidential. Such content remains the sole and exclusive property of that member/user and you have no rights to control or disseminate such information.

    The Website may include links to other websites not established or supervised by us. We do not endorse, sponsor, or guarantee those linked websites. We are not responsible for any advice, content, or other information made available through such linked websites. You should review such linked website’s terms and conditions and privacy policies as our Terms and Conditions do not apply to any linked websites, nor does our Privacy Policy or our Children’s Privacy Policy.

  3. Use of Information. As stated, we collect your information only for use and in conjunction with the Website. We will use the information that you provide to us only to enhance our services to you, and it will not be sold or otherwise disseminated without your permission. Please review our Privacy Policy for a detailed description of how we collect and use your information as use of the Website is also governed by the Privacy Policy.

  4. Accuracy, Completeness and Timeliness of Information. We use best efforts to keep information provided on the Website as up-to-date as possible. However, we are not responsible if information made available on the Website is not accurate, complete, or current. The information contained on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more updated sources.

    We reserve the right to make changes to our Website at any time. Any reliance on the material provided on this Website is at your own risk. The Website may contain certain historical information, which is not current and is provided for your reference only.

  5. Changes to Prices and Products. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products and services offered on the Website (or any part or content thereof) without notice at any time. Any offer for any product or service made on this Website is void where prohibited.

    We are not liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website or any products offered thereon.

  6. Display and Sale of Products. We use best efforts to display the products shown on our website as accurately as possible as the products appear at our physical store. However, we cannot guarantee that your computer monitor’s display of any product will be accurate.
    We reserve the right to limit the quantities of any products or services that we offer.
    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.

  7. Third Party Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk and at your discretion.

  8. User Comments/Feedback. If you send submissions to us, whether ideas, suggestions, proposals, plans, or other materials, and whether online, by email, postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such Comments. We are and shall be under no obligation to maintain any Comments in confidence, pay compensation for any Comments, or respond to any Comments.

    You agree that your Comments will not violate any right of any third-party, including intellectual property rights such as, but not limited to, copyright, patent, or trademark rights, or other personal or proprietary rights. You also agree your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You are solely responsible for any comments you make and their accuracy.

  9. Prohibited Uses. In addition to the rest of these Terms, and not in any way as a limitation, you are further prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected class; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

  10. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use or misuse of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

  11. Notices; Disclaimers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  12. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, OR THEIR 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE 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.

    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising between you and us including those that arise out of or are related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  13. Governing Law; Jurisdiction and Venue. This Agreement is to be interpreted in accordance with the laws of the state of Kansas. Any dispute between you and us is to be governed by the laws of the state of Kansas, without regard to principals of conflicts of law. You agree that by utilizing this service you agree to submit to venue in Douglas County, Kansas and the circuit and/or federal courts having jurisdiction therein.

  14. Notice. We may provide you with notices, including legally binding notices and notices with regard to changes to these Terms and Conditions using any reasonable means, including by email, regular mail, text message, SMS, MMS, and/or postings on the Website. You agree that if you are deemed to have received any notice that would have been delivered to you had you accessed the service, it shall serve as valid notice despite the fact you may have failed to access our service.

  15. Entire Agreement; Other. These Terms and Conditions constitute the entire agreement between you and use with regard to the use of our products and services. If any provision of these Terms and Conditions is held invalid, the remainder shall continue in full force and effect. Our failure to exercise or enforce any right or provision provided to us under these Terms and Conditions shall not constitute a waiver of any such right or provision. No agency, partnership, joint venture, or employment is created as a result of this agreement and you may not make any representations or bind the company in any manner.

  16. Amendment. These Terms and Conditions are subject to being changed by us at any time in our sole discretion. Your use or purchase of our products or services, regardless of whether you pay for the same, following any changes to these Terms and Conditions constitutes acceptance by you of the revised Terms and Conditions. If you do not accept the changes to the Terms and Conditions, you should stop using our service immediately.

  17. Acceptance. The Website is provided upon the absolute condition of your full and complete acceptance of these Terms in their entirety. You acknowledge that but for your full and complete acceptance of these Terms, we would not make the Website available to you. You acknowledge that by (i) clicking to submit information or initiate an action through the Website, (ii) clicking to accept or agree to these Terms and Conditions, or (iii) otherwise using or accessing the Website, in each situation where these Terms and Conditions are linked, you accept and agree to be bound and abide by these Terms and Conditions, which is a binding legal agreement between you and us regarding your use and all claims arising out of or related to the Website to which these Terms and Conditions are linked. If you do not want to agree to these Terms of Use, you must not access or use the Website.

  18. Contact. You may contact us regarding these Terms and Conditions at info@baldwincitydistillery.com.