Website Terms of Use

This website terms of use agreement (“Agreement”) is made by and between Ciatti Craft Beverages, LLC, a California limited liability company, doing business as John Fearless, with a principal place of business at 201 Alameda Del Prado, Ste. 101, Novato, CA 94949 (“John Fearless”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this website.

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER JOHN FEARLESS SERVICES OR WEBSITES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

JOHN FEARLESS RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN JOHN FEARLESS’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE JOHN FEARLESS WEBSITE.

 

  • ACCESS TO THIS WEBSITE

 

To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If John Fearless believes the information you provide is not correct, current, or complete, John Fearless has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.

If you are under 18, you may use this website only with the involvement of a parent or guardian.

 

  • RESTRICTIONS ON USE

 

You may use this website for purposes expressly permitted by these Website Terms of Use. As a condition of your use of John Fearless’s website(s), you warrant to John Fearless that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, or (iii) hyper-link to this website, without the express prior written permission of an authorized representative of John Fearless. For purposes of these Website Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with John Fearless in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use John Fearless’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

Certain areas of this website are restricted from access by you and John Fearless may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.

 

  • PERSONAL AND NON-COMMERCIAL USE LIMITATION

 

John Fearless’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this website for any other purpose, including any commercial purpose, without John Fearless’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to John Fearless’s websites.

 

  • TRADEMARKS AND COPYRIGHTS

 

Trademarks, service marks, logos, and copyrighted works appearing on this website are the property of John Fearless or the party that provided the trademarks, services marks, logos, and copyrighted works to John Fearless. John Fearless and any party that provided trademarks, service marks, logos, and copyrighted works to John Fearless retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.

All contents of John Fearless’s websites are: Copyright © 2020 Ciatti Craft Beverages, LLC and/or its suppliers, 201 Alameda Del Prado, Ste. 101, Novato, CA 94949. All rights reserved.

 

  • PROPRIETARY INFORMATION

 

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by John Fearless (the “Content”) is the proprietary information of John Fearless or the party that provided or licensed the Content to John Fearless, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of John Fearless, except that you may print out a single copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates John Fearless’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

 

  • HYPER-LINKS

 

This website may be hyper-linked to other websites which are not maintained by, or related to, John Fearless. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or John Fearless. John Fearless has not reviewed any or all of such websites and is not responsible for the content of those websites. John Fearless is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and John Fearless makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this website. John Fearless provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by John Fearless of that website or any association with its operators.

 

  • USE OF COMMUNICATION SERVICES

 

John Fearless’s websites may contain product reviews, profiles, bulletin board services, chat areas, message boards, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:

  1. i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  2. ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

  1. iv) does not pertain directly to this website;
  2. v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  3. vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

viii) violates any law or may be considered to violate any law;

  1. ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  2. x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
  3. xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;

xii) solicits funds, advertisers or sponsors;

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;

  1. xv) includes MP3 format files;

xvi) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or

xviii) contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

John Fearless reserves the right to monitor use of this website to determine compliance with these Website Terms of Use, as well as the right to remove or refuse any information for any reason. John Fearless reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. John Fearless also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither John Fearless nor any third party that provides content to John Fearless will assume or have any liability for any action or inaction by John Fearless or such third party with respect to any submission. John Fearless cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. John Fearless does not control or endorse the content, messages or information found in any Communication Service and, consequently, John Fearless specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized John Fearless spokespersons, and their views do not necessarily reflect those of John Fearless.

 

  • SUBMISSIONS

 

You hereby grant to John Fearless the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to John Fearless through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. John Fearless will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future John Fearless operations.

John Fearless will treat any personal information that you submit through this website in accordance with its Privacy Notice [INSERT HYPERLINK TO PRIVACY NOTICE HERE].

 

  • DISCLAIMER

 

You understand that John Fearless cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. John Fearless does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by John Fearless.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. JOHN FEARLESS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JOHN FEARLESS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOHN FEARLESS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND JOHN FEARLESS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT JOHN FEARLESS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. JOHN FEARLESS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and John Fearless does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

 

  • LIMITATION ON LIABILITY

 

JOHN FEARLESS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JOHN FEARLESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JOHN FEARLESS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO JOHN FEARLESS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

  • TERMINATION OR RESTRICTION OF ACCESS

 

John Fearless reserves the right, in its sole discretion, to terminate your access to any or all of John Fearless’s websites and the related services or any portion thereof at any time, without notice.

 

  • INDEMNITY

 

You will indemnify and hold John Fearless, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Website Terms of Use by you, including any use of Content other than as expressly authorized in these Website Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.

 

  • CLASS ACTION

 

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS AND COMPLAINTS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JOHN FEARLESS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 

 

 

  • COPYRIGHT INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide John Fearless’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying John Fearless and its affiliates that your copyrighted material has been infringed.

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on the website, including the auction ID number, if applicable;

(4) Your address, telephone number, and e-mail address;

(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

John Fearless’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

Copyright Agent:
Ciatti Craft Beverages, LLC
201 Alameda Del Prado, Ste. 101

Novato, CA 94949
e-mail: sales@johnfearless.com

 

  • MEMBERSHIP ACCOUNT AND SECURITY

 

In order to use certain services, you may be required to register for an account.  When registering for an account, you may need to provide certain information about yourself and create a password.  By registering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.  The information we obtain through you use of this website is subject to our Privacy Notice, which is specifically incorporated by reference into these Website Terms of Use.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password. If you become aware of any unauthorized use of your password or of your account, you agree to notify John Fearless immediately.  John Fearless and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any passwords used for this website are for individual use only. You will be responsible for the security of your password.  John Fearless will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that John Fearless considers insecure, John Fearless will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, John Fearless reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. John Fearless reserves the right to investigate suspected violations of these Website Terms of Use.

John Fearless reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction John Fearless to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS JOHN FEARLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOHN FEARLESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JOHN FEARLESS OR LAW ENFORCEMENT AUTHORITIES.

 

  • CHOICE OF LAW AND VENUE

 

These Website Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and John Fearless arising out of these Website Terms of Use or pertaining to the subject matter hereof. The parties to these Website Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Website Terms of Use will be in the state and federal courts in San Francisco, California.

 

  • SEVERABILITY

 

If any part of these Website Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

  • MISCELLANEOUS

 

This Agreement, the Terms and Conditions of Sale, and the Privacy Notice constitute the entire agreement between you and John Fearless pertaining to the subject matter of this Agreement. In its sole discretion, John Fearless may modify this Agreement by posting the revised version on this website and you agree that each visit by you to this website is a new transaction governed by the agreement on this website at that time.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and John Fearless as a result of this Agreement or use of John Fearless’s websites.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

John Fearless may revise these Website Terms of Use at any time by updating this posting.