Welcome to the Cigar City Brewing website, located at www.cigarcitybrewing.com (the “Site”) and operated by Canarchy Craft Brewery Collective, LLC (“Canarchy”).
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND CANARCHY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU USE THE SITE. BY CLICKING ON THE “OK, GOT IT” BUTTON OR USING THE SITE OR STORE (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE [“OK, GOT IT”] BUTTON AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE OR STORE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
References in this Agreement to “we,” “us” or “our” mean Canarchy. We may at our sole and absolute discretion modify this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement constitutes your acceptance of any changes. You must be at least 21 years old to use the Site.
The Site is controlled or operated (or both) by us from the United States and is not intended for or directed to audiences outside the United States. The Site may not be appropriate or available for use in some jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may take measures to limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other intellectual property laws. Cigar City Brewing and our logos and other marks (“Trademarks”) are either trademarks or registered trademarks of Canarchy. We and our licensors exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, ideas, know-how, “look and feel,” compilations, translations, and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Canarchy’s ownership of the Site and the content therein or the validity or enforceability of Canarchy’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to you or anyone else any ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Canarchy or any third party.
Copyright Policy. None of the Intellectual Property on our Site may be distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Canarchy, which permission may be withheld in our sole and absolute discretion.
Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no, and disclaim all, warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.
Rules of Conduct. In connection with the Site, you must not:
- Submit, upload, publish, display or post (hereinafter, “post”), transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.
- Systematically download and store content, communications, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs, profiles or other information or materials (collectively, “Content”) from the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You will not use our Site for any purpose that is unlawful or prohibited by the terms of this Agreement. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Site.
Third Party Sites. This Site may provide links to third party websites, products and services. Such links are only provided for your convenience and do not constitute or imply our approval, sponsorship or endorsement of any website, product or service. If you decide to access any of the third party websites, products or services linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such websites. We are not responsible for and makes no warranties, express or implied, regarding any third party website, product or service.
Privacy. [You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content and that any Content you post on or to, the Site could be viewable by visitors, other users of the Site, and the public. We cannot guarantee security of information on the Site and all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site or that you otherwise provide to others.]
Securities Laws. This Site may contain statements, estimates or projections that constitute “forward looking statements” as defined under U.S. Federal Securities laws. Generally, the words “believe, expect, intend, estimate, anticipate, project, will” and similar expressions identify forward looking statements, which generally are not historical in nature. Forward looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Canarchy’s historical experience and Canarchy’s s present expectations or projections. These risks include, but are not limited to, Canarchy’s ability to finance expansion plans, share repurchase programs and general operating activities; changes in the alcoholic or non-alcoholic beverage business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; interest rate and currency fluctuations; changes in economic and political conditions; Canarchy’s ability to penetrate and develop new markets, the effectiveness of Canarchy’s advertising, marketing and promotional programs; litigation uncertainties; adverse weather conditions; inability to achieve volume growth through product and packaging initiatives; changes in the cost and availability of raw materials and the ability to maintain favorable supply arrangements and relationships and procure timely and/or adequate production of all or any products; the marketing efforts of distributors of Canarchy’s products, most of which distribute products which are competitive to Canarchy; unilateral decisions by stores or other customers to discontinue carrying all or any of Canarchy’s products that they are carrying at any time; changes in product category consumption; possible recalls of Canarchy’s products; and other risks discussed in the filings of Canarchy’s ultimate parent, [Monster Beverage Corporation], with the Securities & Exchange Commission (“SEC”), including the Canarchy’s annual report on Form 10K, which filings are available from the SEC. The foregoing list of important factors is not exhaustive. You should not place undue reliance on forward looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise any forward looking statements and expressly disclaim any duty to do so.
International Users. If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, and all information you provide may be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Purchase of Products. The Site may allow you to place an order to purchase certain merchandise (the “Products”) through our Site’s online store (the “Store”).
(a) Store. The Store is hosted on Shopify Inc., which is an online e-commerce platform facilitating order requests and payments. By submitting your order, you agree that Shopify may process your order. Your data will be stored on Shopify, and we recommend you read Shopify’s Privacy Statement for its data storage, handling, and privacy terms.
(b) Account. Access to the Store is granted to a customer upon completion of a user profile in the Store account information page. If you use the Store, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do not provide Products to children and the Store is not intended for use by people under the age of 21. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
(c) Product Description. The images of the Products on the Store are for illustrative purposes only. You acknowledge that the Products and their packaging may vary from the images advertised on the website, as we are unable to guarantee that a device’s display of colors accurately reflects that of our Products. While we will attempt to ensure that the Product description, pricing, and availability status listed in the Store are correct, we cannot guarantee that all such information will be accurate, complete, reliable, current, or error-free. You acknowledge that we may correct such errors, inaccuracies, and omissions at any time and we may need to revise or cancel orders arising from such occurrences. In the event that we discover a pricing or other material error related to the Products which have yet to be delivered, we will contact you to inform you of this error and you will have the option to continue purchasing at the correct price or to cancel your order. If we are unable to contact you using the contact details you provided during the order process or if we do not receive a response to our query, we will treat the order as cancelled. If a product offered by the Store itself is not as described, please contact customer service at firstname.lastname@example.org or at the address listed at the end of this Agreement.
(d) Order Acceptance and Acknowledgement. You may be required to provide the following information to place an order on the Store: your name, billing information, shipping information, and other information as required by law. You represent that all such information is accurate and complete. We will not be responsible or liable for inaccurate or incomplete information, or for information that later becomes outdated. We will confirm our acceptance of your order by sending a communication that confirms that your order has been processed and that your payment method has been charged (“Order Acceptance”). Any delivery timelines we provide are estimates only and are not guaranteed. You will receive a receipt for your Products order via email.
(e) Our Right to Reject Orders. At any time prior to Order Acceptance, we reserve the right to reject or cancel your order at any time and in our sole discretion. In the event this occurs, we will attempt to notify you through e-mail or other reasonable means. If you have already paid, we will refund you the full amount of the declined or rejected order, including any applicable taxes.
(f) Pricing and Payment. Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any Products on our Site, you must provide us with a valid credit card number or other pre-approved payment method and associated payment information. By submitting that information to us, you hereby agree that you authorize us to charge your payment method at our convenience, but within thirty (30) days of any initial authorization. Purchase transactions are subject to our return policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. We shall not be liable in the event your children or others acting with or without your permission use your payment method to make purchases on the Store (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card. Additional terms with your payment provider may apply. We will accept various forms of payment, which may include credit and debit cards, and payments made through third party payment platforms. Additional terms with your payment provider may apply. Prices are subject to change without notice (subject to the notice provisions set forth above in subsection (c) relating to orders you have already placed). In the event your designated payment method cannot be verified, is invalid, or is otherwise unacceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in connection with your payment method.
YOU REPRESENT AND WARRANT THAT (I) THE PAYMENT INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR FINANCIAL SERVICES PROVIDERS, (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL; AND (IV) YOU WILL NOT USE ANY CREDIT CARD OR OTHER FORM OF PAYMENT UNLESS YOU HAVE ALL NECESSARY AND LEGALLY REQUIRED AUTHORIZATION TO DO SO.
(g) No Resale. Purchase of Products for resale is strictly prohibited. You may not resell, or intend to resell, the Products to other consumers, businesses, or third parties. If we believe you are involved in a purchase for resale, we reserve the right to take actions against you, including, but not limited to, restricting sales to you, cancelling your orders, and suspending or cancelling your account.
(h) Delays. If the delivery of Products to you is delayed due to an event outside our control (e.g., postal/courier delays, logistics, weather, etc.), we will attempt inform you promptly. If there is a risk of substantial delay, you may contact us to cancel your order and we will refund you for any Products that you have paid for but which have not yet been delivered.
(i) Refund Policy. Due to the nature of our products, we do [not] accept returns for Products ordered through the Store. If you have any questions, please contact customer service at email@example.com or 813.348.6363. We will only process refunds with respect to products purchased from our Store. Refunds are only authorized on incorrect shipments where the error is on our part or on the part of the carrier. The product cannot have been purchased at a grocery store, club store, distributor, or any other location. Any issues or concerns with such products must reported to where the product was purchased.
Remedies. We may restrict, suspend, or terminate your access to all or any part of the Site or terminate your account with the Store, with or without notice for any reason, including if we, in our sole discretion, believe you to have violated or acted inconsistently with the letter or spirit of this Agreement. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
Disclaimer. THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN OR OFFERED THROUGH THE SITE, INCLUDING THE STORE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, CANARCHY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF ANY INFORMATION ON THE STORE OR OTHER PARTS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR STORE OR CIRCUMSTANCES OVER WHICH CANARCHY HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CANARCHY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE (INCLUDING THE STORE) OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE STORE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANARCHY THROUGH THE SITE (INCLUDING THE STORE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
CANARCHY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING IN THE STORE, ON ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. CANARCHY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE STORE, THE RESULTS OF USE OF THIS SITE, INCLUDING THE STORE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CANARCHY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID UNDER THIS AGREEMENT, IF ANY, TO CANARCHY IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM, AND (B) $100. THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE ESSENTIAL TERMS OF THIS AGREEMENT, WITHOUT WHICH CANARCHY WOULD NOT MAKE THE SITE OR PRODUCTS AVAILABLE TO YOU, AND SUCH LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING FAILURE OF THE PURPOSE OF ANY LIMITED REMEDY.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Indemnity. Except to the extent prohibited by applicable law, You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site or Products; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any Canarchy event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party.
Unsolicted Materials and Ideas. While we love to hear from our fans, it is the policy of Canarchy not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if Canarchy’s products or marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send to us any original creative materials such as ideas for new or improved products, advertising campaigns, or product names, etc. Any communication or material you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit, submit or post may be used by Canarchy or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Canarchy is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Orange County, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Orange County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.
If you have any questions regarding this Agreement, please contact us:
Canarchy Craft Brewery Collective, LLC
1800 Pike Road, Unit B
Longmont, CO 80501
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: March 26th 2023