Terms of Use

Appleton Estate Website Terms of Use
These Terms of Use govern your use of the Appleton Estate Website (the “Website”) which is owned and operated by Kobrand Corporation (“Kobrand”). Please read these Terms of Use carefully before using the Website.

Agreement to Terms
Kobrand maintains the Website for the personal use of individuals who are of the legal age to consume alcoholic beverages under the laws of their jurisdiction of residence. Please exit the Website immediately if you are not of the legal age to consume alcoholic beverages under the laws of your jurisdiction of residence.

By using the Website, you agree to these Terms of Use and the Privacy Policy, which is incorporated herein by reference. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Website.

Kobrand may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.

Accounts
You may be required to create an account and specify a password to use certain features on the Website. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us. You agree to indemnify and hold harmless Kobrand for losses incurred by Kobrand or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Kobrand Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of Kobrand and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Kobrand’s trademarks on any other website is strictly prohibited. All of the materials contained on the Website are copyrighted except where explicitly noted otherwise. Kobrand will aggressively enforce its intellectual property rights to the fullest extent of the law. Kobrand neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Kobrand. Use of any materials on the Website is at your own risk.

Hyperlinks
This Website may contain hyperlinks to third-party websites. Kobrand does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Kobrand is not responsible or liable for any content or other materials on these third party websites.

Governing Law and Severability
These Terms of Use shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Website resides in the courts located in New York, New York, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Warranties
The Website and the Products are provided on an “as is” basis. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KOBRAND, ITS SHAREHOLDERS, SUBSIDIARIES, AND AFFILIATES (THE “KOBRAND ENTITIES”), AND EACH OF THEIR AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Kobrand Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) the Website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.

Limitation of Liability
THE KOBRAND ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. THE KOBRAND ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOST OR STOLEN PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE KOBRAND ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE KOBRAND ENTITIES’, THEIR AGENTS’, REPRESENATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend, and hold the Kobrand Entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

Termination
Kobrand has the right to terminate your account and access to the Website for any reason, including, without limitation, if Kobrand, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Kobrand may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website.