Last modified: 06.06.2022
1. OWNERSHIP. This website, and each of its components, is the copyrighted property of Out of Step LLC (âOut of Stepâ and/or âOut of Step Cider Co.â), and its affiliates, various third-party providers and distributors. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Out of Step LLC and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the âTrademarksâ) are registered and common law trademarks of Out of Step LLC, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Out of Step LLC or such other party that may own the Trademark.
2. USE OF SITE. By having entered this website you have confirmed that you are at least 21 years of age. You may only use this website to browse the content, make inquiries to Out of Step LLC, order Out of Step LLC products and not for any other purposes. âDeep-linking,â âembeddingâ or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Out of Step LLC does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Out of Step LLC does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain âlinksâ to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from Out of Step LLC (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age (at least 21 years of age) to use this website and to create binding legal obligations for any liability you may incur because of the use of this website. You understand that you are financially responsible for all uses of this website by you.
4. PRIVACY. You represent that you have read the Out of Step LLC Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Out of Step LLC and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Out of Step LLC Privacy Policy.
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. THESE MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE OUT OF STEP LLC PRIVACY POLICY.
6. EXCLUSION OF WARRANTY. OUT OF STEP LLC AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN âAS ISâ BASIS. OUT OF STEP LLC AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. OUT OF STEP LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE OUT OF STEP LLC COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented âAS ISâ and may include technical inaccuracies or typographical errors. Out of Step LLC may make additions, deletions, or modifications to the Information at any time without any prior notification.
7. LIMITATION OF LIABILITY. OUT OF STEP LLC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL OUT OF STEP LLC OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY Out of Step LLC OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
8. INDEMNIFICATION. You shall defend and indemnify Out of Step LLC and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.
9. SUBMISSIONS. âSubmissionsâ means all comments, feedback, suggestions, photos, e-mail, forms and similar information or materials that you submit to Out of Step LLC regarding the products or services of Out of Step LLC. Submissions will not be confidential and will become the property of Out of Step LLC upon submission to Out of Step LLC. By providing any Submissions, you agree to assign to Out of Step LLC, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Out of Step LLC will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Out of Step LLC, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Except as expressly stated and agreed upon in advance by Out of Step LLC, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to Out of Step LLC (such as feedback, questions, comments, suggestions, ideas, etc.). If any Out of Step LLC website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Out of Step LLC shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Out of Step LLC shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Out of Step LLC is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other personâs proprietary or privacy rights.
10. PRODUCT AND SERVICE AVAILABILITY. Reference to any product or service on the website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available at the moment you inquire about it or order it. Out of Step LLC manages all or portions of the website from California, in the United States of America. We in no way imply that the materials or products on the website are appropriate or available for use outside of California and we may not be able to fill your order if you require shipping outside of California.
11. COLORS. Out of Step LLC attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitorâs display of any color will be accurate.
12. AVAILABILITY. AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed as incorrect due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service.
13. REGISTRATION AND SECURITY. By having entered this website you have confirmed that you are at least 21 years of age. If you wish to purchase any products or use certain services on the website, you must provide certain minimum required information to us. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. We will use all information provided to us in accordance with our Privacy Policy.
14. PAYMENT. You are responsible for any payments due for any products or services ordered. You shall also be responsible for any costs of collection for overdue payments.
15. RELATIONSHIP. Your use of this website is independent of Out of Step LLC and not as an employee, agent, partner, or joint venturer with Out of Step LLC for any purpose.
16. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Sonoma County, California, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
17. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. MODIFICATION. Out of Step LLC may at any time modify these Terms and Conditions in our discretion without notice. Your use of this website will be conditioned upon the Terms and Conditions posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use our website.
19. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
20. SEVERABILITY. These Terms and Conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
22. COPYRIGHT. Out of Step LLC respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Out of Step LLC:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Out of Step LLC
21684 Eighth Street East Suite 600
Sonoma, CA 95467
Email Out of Step LLC at joshoutofstepcider@gmail.com
23. ENTIRE AGREEMENT. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
24. HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at joshoutofstepcider@gmail.com
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