Terms and Conditions

As an important reminder, The Butterfly Cannon Tequila is not a licensed beverage alcohol and is not involved with the sale or delivery of alcohol products. All alcohol orders are processed and fulfilled by licensed third-party retailers on the Bottle Nexus network. The checkout functionality is provided solely for the convenience of our consumers.

For order inquiries, please contact the retailer’s customer service directly. You’ll find their contact information in your Order Confirmation email. 

Below are the Terms of Use as it relates to the brand The Butterfly Cannon:

Last Modified: April 10, 2023

Acceptance of the Terms of Use

These terms of use (“Terms of Use”) are entered into by and between you (“you” or “your”) and Biggar & Leith, LLC and its affiliates, successors and assigns (“Company,” “we,” or “us”). The following terms and conditions govern your access to and use of this website, including any content, functionality, and services offered on or through this website and any of the Company’s User-Generated Websites, as defined in User-Generated Content below, including the Company’s newsletter, email notifications or any related applications provided by us (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://shop-us.butterflycannontequila.com/pages/privacy-policy, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use OR the Privacy Policy, you must not access or use the Website.

THIS WEBSITE IS INTENDED FOR THE EXCLUSIVE USE OF USERS WHO ARE ABOVE THE LEGAL AGE TO CONSUME ALCOHOL IN THE JURISDICTION IN WHICH YOU RESIDE, WHICH MAY BE DIFFERENT FOR USERS DEPENDING ON YOUR JURISDICTION (FOR INSTANCE, IN THE UNITED STATES YOU MUST BE AT LEAST 21 YEARS OF AGE), OR, IN JURISDICTIONS THAT DO NOT HAVE A LEGAL AGE TO CONSUME ALCOHOL, ABOVE THE AGE OF 18 (SUCH APPLICABLE AGE, THE “MINIMUM AGE”). IF YOU ARE NOT OVER THE MINIMUM AGE, YOU MUST NOT USE OR ACCESS THIS WEBSITE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE MINIMUM AGE, THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. Access to the Website may not be legal by certain persons or in certain countries. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms of Use

We may revise and update these Terms of Use (including any policies or agreements which are incorporated by reference herein) from time to time in our sole discretion. If we make material changes to these Terms of Use, we will notify you by notice posted on the Website. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter (as indicated by the “Last Modified” date at the top of this page). However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

​

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including any registered users.

You are responsible for both:

•     Making all arrangements necessary for you to have access to the Website.
•     Ensuring that all persons who access the Website through your internet connection are at least the Minimum Age and are aware of these Terms of Use and comply with them.

To access the 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 the Website that all the information you provide to or on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, available at https://shop-us.butterflycannontequila.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

•     Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
•     You may store files that are automatically cached by your Web browser for display enhancement purposes.
•     You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, but not for further reproduction, publication, or distribution.
•     If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

•     Modify copies of any materials from this site.
•     Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
•     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, you must obtain prior written consent from the Company (which consent may be withheld in our sole and absolute discretion). Please address any request for such consent to the email address set forth below under Contact Information.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name and logo, and all related names, logos, product and service names, trade dress, designs (including but not limited to packaging and label designs), and slogans (including but not limited to the following trademarks and related logos: (i) BUTTERFLY CANNON, (ii) DAISY WHEEL, (iii) GLADSTONE AXE, (iv) HOTEL STARLINO, (v) MONTE STAMBECCO, (vi) MXCO POLANCO, (vii) SHANKY & SHIREMAN, (viii) SHANKY’S WHIP, (ix) SPYTAIL, (x) FIRELLI and (xi) TREDSTONE) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

•     In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
•     For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
•     To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
•     To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
•     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

•     Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
•     Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
•     Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
•     Use any device, software, or routine that interferes with the proper working of the Website.
•     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
•     Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
•     Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
•     Otherwise attempt to interfere with the proper working of the Website.

User-Generated Content

The Company owns and/or operates this Website, as well as other social media accounts and online properties, including, without limitation, Company accounts or pages on Facebook, Instagram, LinkedIn and Twitter (“User-Generated Websites”). Such User-Generated Websites may include, but are not limited to, message boards, blogs, social media accounts, reviews, and comment boards. The User-Generated Websites may permit users to post, submit, publish, display, or transmit to other users or third parties (hereinafter, “post”) content or materials (“User-Generated Content”). By registering or using any User-Generated Websites, you accept and agree to the following Terms and Conditions for User-Generated Content.

Any User-Generated Content does not necessarily represent the opinions of the Company or its affiliates. Posts that we feel are offensive, inappropriate or not otherwise keeping with the spirit of the page may, in our sole discretion, be removed. Examples of posts that may be removed include posts that: (i) are advertising or spam; (ii) are off-topic; (iii) contain vulgar language; or (iv) may violate the rights of others. We also reserve the right to block users.

Your User-Generated Content will be treated as non-confidential and non-proprietary. Anything you submit or post on any User-Generated Website becomes the property of the Company and we may use and reproduce your User-Generated Content freely and for any purpose. Specifically, the Company is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in your User-Generated Content. Any such use is without compensation to you. By making a submission, you are also warranting that you own the material/content submitted and that the Company’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. The Company is under no obligation to use the information submitted.

You understand and acknowledge that you are responsible for any User-Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User-Generated Content posted by you or any other user of the User-Generated Websites.

Monitoring and Enforcement; Termination

We have the right to:

•     Remove or refuse to post any User-Generated Content for any or no reason in our sole discretion.
•     Take any action with respect to any User-Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Content violates the Terms of Use, including the Content Standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
•     Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
•     Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
•     Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on any User Generated Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User-Generated Content and use of User-Generated Websites. User-Generated Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User-Generated Content must not:

•     Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
•     Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
•     Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
•     Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
•     Be in conflict with these Terms of Use and our Privacy Policy, available at https://shop-us.butterflycannontequila.com/pages/privacy-policy.
•     In the case of User Generated Content posted to User Generated Websites that are hosted on third party platforms (such as Facebook, Instagram, LinkedIn, or Twitter), be in conflict with the applicable terms of use, privacy policies or other rules or regulations governing the use of such platforms.
•     Be likely to deceive any person.
•     Promote any illegal activity, or advocate, promote, or assist any unlawful act.
•     Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
•     Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
•     Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
•     Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

•     Your physical or electronic signature.
•     Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
•     Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
•     Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
•     A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
•     A statement that the information in the written notice is accurate.
•     A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: Copyright Agent, Biggar & Leith, LLC, 10 Princeton Place, Montclair, New Jersey 07043, email: elwyn@biggarandleith.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

•     Your physical or electronic signature.
•     An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
•     Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
•     A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
•     A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

​

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website and that you provide to us is subject to our Privacy Policy, available at  https://shop-us.butterflycannontequila.com/pages/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

•     Link from your own or certain third-party websites to certain content on this Website
•     Send emails or other communications with certain content, or links to certain content, on this Website.
•     Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

•     Establish a link from any website that is not owned by you.
•     Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
•     Link to any part of the Website other than the homepage.
•     Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Sweepstakes, Surveys, Contests or Other Promotions

Any sweepstakes, surveys, contests or other promotions made available through the Website or otherwise by the Company may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from these Terms of Use. To the extent that the terms and conditions of any such specific rules conflict with these Terms of Use, the terms and conditions of such rules shall control. Our Privacy Policy will govern any information you submit in connection with such sweepstakes, survey, contest or promotion.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

​

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User-Generated Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of New Jersey or the federal courts of the United States located in the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

The Company, in its sole discretion, may require you to submit any disputes arising from these Terms of Use or use of the Website, including but not limited to, disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any term, provision, covenant or condition of these Terms of Use, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Use shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Biggar & Leith, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Information

Biggar & Leith, LLC

33 Plymouth Street

Montclair, New Jersey 07043

Email: hello@biggarandleith.com.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@biggarandleith.com.