Terms and Conditions

TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEB SITE. THE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These Terms and Conditions of Use (these “Terms”) apply to all Websites (collectively, the “Site”) owned, operated, licensed or controlled by Braeside Farms.

1. Agreement to Terms and Conditions. By accessing, visiting and/or using the Site, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Braeside Farms may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your use of any Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.

?2. Intellectual Property. Braeside Farms will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Braeside Farms will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Braeside Farms will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to this address or telephone number: Copyright Agent, Braeside Farms, PO Box 1141, Estacada, OR 97023 Telephone: 503-318-9066. Please include the word “copyright” in the subject line for all claims of intellectual property infringement. Direct all other questions and comments to admin@braesidefarmdistillery.com.

3. Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data not intended for your use; (b) logging on to a server or account you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

4. Restriction on Use. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or controlled by Braeside Farms, its suppliers or others. Without Braeside Farms’ prior written permission, you may not (a) use the Materials on any other Web site, in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer, and print one or more hard copies, in each case only for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

5. Trademarks and Service Marks. “Braeside Farm Distillery” is a trademark of Braeside Farms, LLC. All other marks that appear throughout the Site belong to Braeside Farms or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Site without the express written permission of Braeside Farms is strictly prohibited.

6. Disclaimer of Warranties. All information and other Material, whether included in a directory or in any other location, is provided “AS IS” and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Braeside Farms disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing and non-infringement. Braeside Farms does not warrant that your use of the Site will be uninterrupted or error free, that defects will be corrected or that the Site, any Materials or any server(s) used by Braeside Farms are free from viruses or other harmful components. Braeside Farms does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of the Site, any Materials or any sites linked to or from the Site.

7. Restrictions on Certain Visitors; Links. Accessing this Site from jurisdictions where such access is illegal, is prohibited. Braeside Farms does not warrant the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site. You also bear all risk associated with the information in the Site, including information in any Web sites owned and operated by others that are linked to or from this Site, and your use of any such information is subject in all respects to these Terms. Braeside Farms reserves the right to terminate any links to other sites without notice.

8. Limitation of Liability. Under no circumstances will Braeside Farms be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, loss of data or profit, arising out of the use or inability to use the Site or the Material, even if such damages are foreseeable or even if Braeside Farms has been advised of the possibility of such damages. If your use of the Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. 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. By using a Site, you agree Braeside Farms’ maximum aggregate liability to you for all claims arising from use of the Site or any Materials is limited to $50.

9. Transmissions. Braeside Farms treats all messages, material, information and ideas (the “Transmission”) you transmit to or post on the Site by any means, as non-confidential and non-proprietary, and Braeside Farms may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Braeside Farms will handle all personal data provided to Braeside Farms in the manner provided in Braeside Farms’ Privacy Policy [insert hot link]. By sending any Transmission to the Site, you warrant and agree that no such Transmission: (a) violates any duty of confidentiality or nondisclosure; (b) infringes the proprietary or intellectual property rights of any person; (c) invades the privacy of any person; (d) constitutes an unfair or improper trade practice or other wrongful business conduct; (e) encourages or promote illegal activity or racism; (f) contains any instructions or discussions about illegal activities; (g) violates any law, regulation, duty or agreement by which you are bound; or (i) contains a link to any site that contains or does any of the preceding. By sending any Transmission to any Site or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all “moral rights” in those Transmissions have been waived.

10. No License. Except as expressly provided otherwise in these Terms, nothing in any Site, including these Terms, grants, by implication, stopped or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.

11. Privacy. It is Braeside Farms’ policy to respect the privacy of all visitor’s to the Site. For more information about Braeside Farms’ Privacy Policy, please refer to our Privacy Policy.

12. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Site will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.

13. Jurisdiction. The Site are controlled and operated from Braeside Farms’ offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Site, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.

14. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.

15. Separate Agreements. If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect in any way the remaining provisions in these terms and conditions.

16. Entire Agreement. This is the entire agreement between you and Braeside Farms relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Braeside Farms.

17. Other Terms and Conditions. These Terms apply to all uses of the Site unless you and Braeside Farms have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.

18. Notices, Questions, Communications. If you wish to contact Braeside Farms, please direct all inquiries admin@braesidefarmdistillery.com or telephone the Site administrator at 503-318-9066. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.

LAST UPDATED: 6/1/2010