Terms and Conditions
Country Malt Group Terms of Service
Last Updated: [6-15-2018]
1. Web Store Terms and Conditions.
These Terms and Conditions (“Terms”) apply to your access to, use of and purchases made on Country Malt Group’s (“CMG” or “we”) webstore (the “Site”) (collectively, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and CMG for violations of these Terms. By clicking “I Accept” you agree to these Terms. If you do not agree to these Terms, do not use or access the Site.
2. User Accounts and Account Security.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
3. Payment and Taxes
3.1 Pricing; Availability; Taxes
All prices for products sold through the Services are shown in U.S. dollars (except where otherwise noted) and any applicable taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that any applicable taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. CMG reserves the right to collect such taxes or other fees from you at any time.
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund, account credit, replacement product or other remedy as we deem appropriate in our sole discretion.
3.3 Out-of-Stock Items
If the quantity or other features of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then you can email or call us using the information listed below. We will use best efforts to work with you to secure your requested item.
3.4 Shipping & Handling
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. You will not obtain or direct shipment of any product purchased through the Site for export. We will use best efforts to notify you in the event that there is a material change to your shipping charges or delivery estimate.
3.5 Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card, as an account credit to the purchasing account or, in our discretion, other applicable payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or a third party service provider working on our behalf, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
3.6 Returns and Exchanges
Please refer to our Refund and Return Policy [Insert link] for general refund and return information and instructions.
5. Trademarks and Copyrights
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “CMG Content”) are owned by or licensed to CMG and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, CMG and our licensors reserve all rights in and to our Services and the CMG Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and CMG Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or CMG Content (except as permitted herein); (b) copy, reproduce, distribute, publicly perform or publicly display CMG Content, except as expressly permitted by us or our licensors; (c) modify the CMG Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or CMG Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or CMG Content other than for their intended purposes. Any use of our Services or CMG Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about CMG or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of CMG. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Products purchased through the Services may be returned or service fees refunded in accordance with our Return Policy.
Customer’s ability to return products or have service fees refunded in accordance with the Return Policy referenced above is CMG’s sole express warranty, which supersedes any prior representations and understandings concerning the products that you receive from CMG. Your use of our Services is at your sole risk. Other than provided in this section 7 and any manufacturer's standard warranty applicable to any product, all products made available through the site are provided "as is" and CMG, on behalf of itself and its licensors and suppliers, disclaims any and all representations and warranties, whether express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from the use of products.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services. In addition, CMG does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While CMG attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless CMG and our officers, directors, agents, partners and employees (individually and collectively, the “CMG Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify CMG Parties of any third party Claims, cooperate with CMG Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the CMG Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CMG or the other CMG Parties.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMGBE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF GCM, WHETHER IN CONTRACT OR WARRANTY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SERVICES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
12. Governing Law; Miscellaneous
These terms and conditions shall be governed and understood in accordance with the laws of the State of Washington, USA, without regard to conflict-of-laws provisions (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The failure of CMG to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and all documents incorporated herein by reference constitute the entire agreement between CMG and you with respect to the Site.
If you have any questions about these Terms and Conditions, please contact us at: firstname.lastname@example.org (844) 244-0927