Terms - Mayne & Co

Terms

YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THE PLATFORM

Terms and Conditions

Effective: [11/25/2020]

These Terms govern your access to and use of Hopwood, LLC d/b/a Mayne & Co. or Mayne Squeeze (together with our affiliates, “Mayne & Co.”) products and services, including those offered through our website and mobile application, any content, functionality and services offered therein, online and offline events, and communications (collectively, the “Platform”). By accessing or using the Platform, whether as a guest or a registered user (each a “User”), you are agreeing to these Terms and our Privacy Policy. If you do not agree, do not use the Platform. We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure you are aware of any updates or changes.

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY.

Using the Platform

Permission to Use the Platform

We grant you permission to use the Platform subject to these Terms. Your use of the Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

Platform Availability

The Platform, including any functionality or feature of the Platform, may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Accounts

You must create an account and provide certain information about yourself in order to use some Platform features. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

You may administer your account by clicking on Account Settings.

Your account is for your personal, non-commercial use only, and you may not create or use an account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, create multiple accounts, or transfer your account to another person.

Platform Content

Ownership

Content provided through the Platform is protected by intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. For example, the content on the website is protected by copyright as a collective work or compilation (meaning the collection, arrangement and assembly) under U.S. and international copyright and other laws and is the property of Mayne & Co., its licensors, merchants, suppliers, or the party credited as the provider of the content. All Mayne & Co. graphics, logos and service names are trademarks of Mayne & Co., and may not be used in connection with any product or service except with the written permission of Mayne & Co., and may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Mayne & Co., or its products or services. You acknowledge and agree that the content accessible through the Platform that is not expressly designated as being provided by a third party is the property of Mayne & Co. and its content providers, and Mayne & Co. and its content providers retain all right, title, and interest in the content.

User Content and User’s Grant of Limited Licensed

You may submit or transmit to, though, or in connection with your use of the Platform, content such as ratings, reviews, photos, videos, survey responses, contest entries, etc. (“User Content”). You alone are responsible for your User Content, and once posted or submitted to the Platform, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with information (personal information or otherwise) that you disclose. You represent that you own or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by Mayne & Co., its licensors, merchants, or suppliers.

We may use User Content (in whole or in part) in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant Mayne & Co. a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your User Content for any purpose. You also irrevocably grant to other Users of the Platform the right to access your User Content in connection with their use of the Platform. Finally, you irrevocably waive, and cause to be waived, against Mayne & Co. and its Users any claims and assertions of moral rights or attribution with respect to your User Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of User Content.

User Content does not necessarily reflect the opinion of Mayne & Co. Except as required by law, we have no obligation to retain or provide you with copies of your User Content, and we do not guarantee any confidentiality with respect to User Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.

Purchases and Shipping

Mayne & Co. is a third-party marketer and licensee of KDM Global Partners, LLC. Orders on the Platform are fulfilled directly by KDM and subject to its Terms of Sale.

Prohibited Use

In connection with your use of the Platform, you may not:

alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Platform and submitting content to the Platform where such content is invited and intended (e.g., submitting user ratings); or
sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform, or related materials; or
remove or modify any proprietary notice or labels on the Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
use the Platform for any non-authorized purpose or any illegal purpose; or
copy, modify, erase, or damage any information contained on computer servers used or controlled by Mayne & Co. or any third party; or
use the Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
access or use any password-protected, secure, or non-public areas of the Platform, or access data on the Platform not intended for you, except as specifically authorized by Mayne & Co.; or
impersonate or misrepresent your affiliation with any person or entity; or
use any automated means to access or use the Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
attempt to or actually disrupt, impair, interfere with, alter, or modify the Platform, or any information, data, or materials posted and/or displayed by Mayne & Co.; or
attempt to probe, scan, or test the vulnerability of the Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or
attempt to interfere with or disrupt access to or use of the Platform by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
post any User Content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) violates the Terms or Mayne & Co.’s other applicable rules and policies.

Mayne & Co. may suspend or terminate your account and your access to and use of the Platform at any time in its sole discretion and for any reason, including any breach of the Terms.

All requests for republication of Platform content should be directed to cheers@maynesip.com.

The Platform is for Adults in the United States

The Platform is intended for use only by adults (age 21 and older) in the states or territories of the United States. By using the Platform, you represent that you are at least 21 years old, that the recipient of any alcoholic beverage orders placed by you on this Platform will be at least 21 years old, and that any alcohol beverages purchased using the Platform is intended for personal consumption and not for resale. Use of the Platform by minors is a violation of these Terms. If we believe, in our sole discretion, that a User is under age 21 we will, with or without notice: (i) terminate your access to or use of the Platform (or any portion, aspect, or feature of them), (ii) cancel any pending orders; and/or (ii) delete any content or information that you have posted through the Platform.

Intellectual Property Infringement by Users

We expect Users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you own has been posted on the Platform without authorization, you may notify our copyright agent, and provide the following information:

a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
identification of the copyrighted work or works claimed to have been infringed;
a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
your name, mailing address, telephone number and e-mail address;
a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify Mayne & Co. of a claimed copyright infringement, please contact:

11 Trotter Way

Collegeville, PA, 19426
legal@maynesip.com

Third Party Links

The Platform may contain links to physical venues, websites, and/or products or services that are owned, under the control of, or maintained by a third party (“Third Party Properties”). Such links are provided for your convenience only and unless expressly stated otherwise, do not constitute an affiliation with or endorsement by Mayne & Co. If you access, visit, or use any linked Third Party Properties, you do so at your own risk and subject to the terms of service and privacy policies of those third parties.

Indemnity

You agree to indemnify, defend, and hold harmless Mayne & Co., its parents, subsidiaries, affiliates, any related companies, suppliers, merchants, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Platform, including your User Content, (ii) your violation of the Terms, (iii) your breach of your representations under these Terms, (iv) any products or services purchased or obtained by you in connection with the Platform, (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Mayne & Co. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties

THE PLATFORM AND ALL OF ITS TEXT, IMAGES, AND SOFTWARE AND ALL SERVICES, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND USER CONTENT) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, “CONTENTS”) ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES.

10. Limitation of Liability

We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

11. Dispute Resolution

Applicable Law and Venue

These Terms are governed by the Federal Arbitration Act and the law of the State of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction.

Initial Dispute Resolution

To give us an opportunity to informally resolve any disputes, claim or controversy arising out of or relating to your use of or purchases through the Platform, these Terms, or our Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us by email at legal@maynesip.com Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below. Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

Arbitration

If the parties do not reach a mutual resolution pursuant to the procedures outlined in the paragraph above, you and Mayne & Co. each agree that any Dispute will be settled by binding arbitration, except that you and Mayne & Co. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our respective intellectual property rights. Any such small claims matter or action for injunctive or equitable relief shall be brought in the state courts of the State of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania, and you consent to the exclusive personal jurisdiction and venue in such courts.

Scope of Arbitration

The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

Class Action Waiver; Individual Arbitration

You and Mayne & Co. each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and Mayne & Co. otherwise agree in writing, the arbitrator may not consolidate more than one person’s Dispute, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

Arbitration Rules

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by this Dispute Resolution Section. For more information, visit www.adr.org. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and Mayne & Co. will pick another arbitration provider pursuant to 9 U.S. Code § 5.

Arbitration may be conducted in person in the U.S. county where you reside, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based.

12. Notice to California Users

Under California Civil Code Section 1789.3, residents of California who use the Platform are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

13. Circumstances Beyond Our Control

Mayne & Co. and its licensors, merchants or suppliers shall not be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.

14. Termination

You may terminate these Terms at any time by closing your account and discontinuing any access to or use of the Platform.

We may close your account, suspend your ability to use certain portions of the Platform, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Platform for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Platform, your User Content, or any other related information.

In the event of any termination of these Terms, whether by you or us, Sections 8, 9, 10, and 11 of the Terms will continue in full force and effect.

15. Changes to these Terms

We may modify or update these Terms from time to time and for any reason. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Platform is governed by the Terms effective at the time of your access to or use of the Platform. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Platform after the effective date of changes to the Terms represents your acceptance of such changes.