TERMS OF USE
Last Modified: August 30, 2024
Your use of this website, as well as the websites of our Brands, which are defined below (collectively, the “Websites”), is expressly subject to the following Terms of Use and Privacy Policy (collectively, the “Terms”). If you do not agree with any of these Terms, do not access or otherwise use our Websites, or any information or materials contained on our Websites.
ALL RIGHTS RESERVED
All rights on the pages are reserved and owned by Corning & Company Distillers, LLC. (“we”, “us”, or the “Company”). Copyright 2024.
APPLICABILITY OF THESE TERMS
In addition to this site, these Terms apply to the brands owned, controlled, or managed by the Company (collectively, the “Brands”) listed at https://www.corningandcompany.com/brands
GENERAL PROVISIONS
Your use of our Websites shall be deemed to be your agreement to abide by each of the Terms set forth herein. These Terms may be updated at any time and from time to time with or without notice to you. Your continued use of our Websites following any such change shall be deemed to indicate your acceptance of any modifications to these Terms.
The content of the pages of our Websites is for your general information and use only and is subject to change without notice. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Websites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on our Websites is entirely at your own risk, for which We shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Websites meet your specific requirements.
You agree that our company and its licensors may make improvements and/or changes in the content and services or events described in our Websites, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our Websites may not be legal by certain persons or in certain countries. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of our company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing. These Terms comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
These Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of our company. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of our company shall be null and void.
These Terms will insure to the benefit of our company’s successors, vendors, assigns, and licensors. The paragraph headings in these Terms, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Your use of our Websites and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms. You agree to submit to the jurisdiction of the courts located in Sacramento County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the website.
Our Websites contain material that is owned by or licensed to the Company, which includes, but is not limited to, the websites themselves, articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, software that is part of the website, design, layout, look, and appearance (the “Intellectual Property”). Reproduction of the Intellectual Property is prohibited other than in accordance with the copyright notice, which forms part of these Terms. All trademarks reproduced on our Websites that are not the property of, or licensed to, the operator are acknowledged on our Websites.
Unauthorized use of our Websites may give rise to a claim for damages and/or be a criminal offense. From time to time, our Websites may also include links to other websites. These links are provided for your convenience to provide further information and do not signify that We endorse those website(s). We have no responsibility for the content of those linked website(s).
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF ITS INFORMATION PROVIDERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF ITS INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, “TROJAN HORSES,” “WORMS,” “TIME BOMBS,” OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF OUR WEBSITES OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO US OR ITS INFORMATION PROVIDERS. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
LIMITATION OF CLAIMS
Unless statute mandates a lesser period, any action on any claim against the Company and/or its affiliate must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.
THE SALE OF ALCOHOLIC BEVERAGES
Legal Requirements
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using our Websites, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use our Websites. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, We will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Errors And Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, We shall be held harmless for any such errors.
WARNINGS
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, We ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
CA Proposition 65
WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.
Government Warning
GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems.
Last Modified: August 13 2024
We respect your privacy, and are committed to protecting it through our compliance with this privacy policy (the “Policy”).
This Policy describes the kinds of information we may collect from you or that you may provide when you visit our Websites, and describes our practice for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to information collected via our Websites, or via emails, texts or other electronic messages between you and the Company. This Policy does not apply to information collected by the Company offline or through other means, or to information collected by any third party, including through content or links that may be accessible from or through our Websites.
Please read this Policy carefully to understand how your information will be treated. Your use of our Websites is expressly subject to this Policy. If you do not agree with any of the policies and practices contained herein, it is your choice not to access or otherwise use our Websites or any information or materials contained on our Websites.
Children Under the Age of 16
Our Websites are not intended for anyone under 16 years of age, and no one under age 16 may access our Websites or provide any information to the Company via our Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Websites or provide any information about yourself to the Company, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at legal@corningandcompany.com
This data is collected in a number of ways, such as when you provide it to us, when you navigate through the site (i.e. cookies, usage details, IP addresses), or from third parties, for example, our business partners and affiliates. We need this data to run our Websites, and to protect and improve its platform and services. We take all steps to analyze the data in a depersonalized form.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services, i.e. behavioral tracking. Contact us for information regarding the use of your data. If you have any questions about how we utilize behavioral tracking on our Websites, please contact legal@corningandcompany.com.
Third Party Use of Cookies
Some content, links or applications on our Websites, including advertisements, are served by third parties, e.g. advertisers, ad networks and servers, content providers, third party sales providers, etc. These third parties may use cookies or other tracking technologies to collect information about you when you use our Websites. The information they collect may include personal information and information about your online activities over time and across different websites and other online services. They may use this information to provide you with targeted advertising or other content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Disclosure of Your Information
We may disclose aggregated information about our users without restriction. We may disclose personal information that we collect or you provide as described in this Policy:
We may also disclose your personal information:
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Your Ability to Limit How We Use and Disclose Your Information
You have choices regarding the personal information you provide to us. Please see the following options available to you with regard to control over your information:
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Websites.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you ____. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this privacy policy to check for any changes.
Questions
If you have any questions about this Policy, please contact us at legal@corningandcompany.com.
