(Date of Last Revision: April 1, 2020)
The website https://gsbc-captain-morgan.hmdev.org (“the Site”) is owned and operated by The Great Spirits Baking Company LLC (collectively, “Great Spirits,” “we,” or “us”). The Site provides information about Great Spirits’ products, suggestions on the best way to use the Great Spirits products, and information on where to purchase Great Spirits’ products (the “Services”).
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Great Spirits’, its licensors’, or the Site’s other user’s intellectual property rights. Great Spirits may provide images of the products, and videos (“Product Information”) on the Site and grants you a limited license to make a copy and use Product Information solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute or publicly display Product Information for any other purpose or in any other public forum without the written consent of Great Spirits or the respective owner, including public forums such as other websites, web services, or print publications. Great Spirits or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
We current offer our products on the Site and through selected U.S.-based retailers listed on the Site. GREAT SPIRITS PRODUCTS ARE NOT CURRENTLY OFFERED TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA.
If you choose to purchase products through the Site, our standard terms and conditions of sale, product warranty, and return policies apply. Such terms are available at: https://gsbc-captain-morgan.hmdev.org/terms-of-sale
We use a third-party payment processor to process on-line orders. Your use of the third-party payment processor, Square is governed by such processor’s termshttp://gsbc-guinness.hmdev.org/terms-of-sale of use, available at https://squareup.com/us/en/legal/general/ua
Use of Personal Data
Your Communications to the Site
The following activities are expressly prohibited from the Site:
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Posting false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
- Collecting personal information of other users of the Site without that user’s consent.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots or similar device.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Great Spirits, you must obey all applicable U.S.-based federal, state and local laws.
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, GREAT SPIRITS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, GREAT SPIRITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
By providing THE SERVICES on the Site, GREAT SPIRITS does not in any way promise that the SERVICEs will remain available to you. GREAT SPIRITS is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF GREAT SPIRITS and its affiliates, employees, agents, representatives and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, the products, THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRice of THE ProductS pURCHASED BY YOU OR fifty DOLLARS ($50).
IN NO EVENT WILL GREAT SPIRITS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF GREAT SPIRITS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Great Spirits respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Great Spirits’ copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Great Spirits’ agent for notice of claims of copyright infringement on the Site can be reached as follows:
Great Spirits Baking Company
Website Availability. Great Spirits cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although GREAT SPIRITS strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and GREAT SPIRITS disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Great Spirits does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.