TERMS & CONDITIONS
By browsing and using this Internet web site at eveningshade.com (the "Site"), provided by Evening Shade (the “Company”), you agree to be bound by the Terms and Conditions set forth below (the "Terms and Conditions"). You must exit this Site immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming alcoholic beverages.
CHANGES TO THE TERMS AND CONDITIONS
Company may, in its sole discretion, revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access or purchase from this Site. Your continued use of the Site or purchase of any product from us through the Site after such revisions are posted will constitute your agreement to such changes.
MODIFICATIONS TO THE SITE
Company reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Company may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
SITE AGE LIMITATION
Company and its delegated agent maintain this Site for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages.
PRIVACY
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Our Privacy Policy is available at eveningshade.com/evening-shade-privacy.
USE OF MATERIALS
You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials (the “Proprietary Material”) are the property of Company unless otherwise noted. Company’s Proprietary Material is protected under the intellectual property and other laws of the United States, California and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Company’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Company’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Company.
NO LICENSE
Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, as set forth above in the section entitled "Use of Materials," nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of Company's Proprietary Material. All rights, title and interest in and to all aspects of Company's Proprietary Material remain the exclusive property of Company.
USER CONDUCT
You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) encourage overconsumption or conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component; (v) contain advertising of any kind; or (vi) contain false or misleading indications of origin or statements of fact. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
COMMUNICATION TO SITE
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Company. Company will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Company a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Company is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Company need not provide any compensation or acknowledgment to you in exchange for any such use.
MONITORING
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
LINKS TO OTHER SITES
The Site may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE INCLUDING ALL ITS CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH YOUR COMPUTER, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
INDEMNIFICATION
You shall indemnify, defend and hold harmless Company, its officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
TERMINATION
This Agreement constitutes a binding agreement between you and Company until terminated by you or Company, which Company may do at any time, without notice, in Company's sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site.
JURISDICTION
The Terms and Conditions shall be governed by and construed in accordance with the laws of California, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of California for any action arising from or relating to the Terms and Conditions or your browsing or use of this Site.
NOTICES AND DISCLOSURES
Except if explicitly stated otherwise, any notices shall be sent by e-mail to, in the case of Company to info@eveningshade.com or, in the case of a user to the e-mail address you provide to Company. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
OUTSIDE UNITED STATES
This Site is intended for use by U.S. residents of legal drinking age. Company makes no claims that the content of this Site is appropriate or may be downloaded outside of the U.S. If you access this Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Company intends to make such products or services available in all countries.
GENERAL PROVISIONS
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Company to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Company and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.
CONTACT US
If you have any questions about the Terms and Conditions, the practices of, or your experience on the Site, please contact us at by e-mail at info@eveningshade.com.