Terms Of Use

This website (the “Site”) is provided by Midwest Custom Bottling LLC (“MCB”) and is subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.

MCB reserves the right to make changes at any time to these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

TRADEMARKS AND COPYRIGHTS

MIDWEST CUSTOM BOTTLING, MCB, the MCB logo, TIPPY COW and other marks displayed on our Site are the proprietary trademarks or service marks of MCB or third parties. MCB’s marks may not be used in connection with any product or service that is not MCB’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit MCB. All other trademarks and service marks not owned by MCB that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MCB. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.

All content contained on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, is the property of MCB or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of MCB or any other person.

USE OF THE SITE

The Site may include information regarding MCB and its products and/or other materials proprietary to MCB, as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered.

You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.

You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of MCB.

UNAUTHORIZED USE OF THE SITE

MCB reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. MCB’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of MCB.

USERS

MCB does not permit persons under 21 years of age to utilize the Site. By entering and using the Site, you represent that you are at least 21 years of age.

PRIVACY

The terms of the MCB Privacy Statement are hereby incorporated as part of these Terms of Use.

SUBMITTED MATERIALS

Except where otherwise expressly provided by MCB, all comments, feedback, inquiries, information or other materials submitted through or in association with the Site (collectively, “Submitted Materials”) shall be considered non-confidential and MCB’s property. By submitting such Submitted Materials to MCB, you hereby irrevocably assign and transfer to MCB any and all rights, title and interest you may have or may acquire in and to the Submitted Materials, in any and all media, languages, territories and jurisdictions throughout the world, now known or hereafter devised, including any and all intellectual property rights in the Submitted Materials, and the right to prosecute and recover damages for all past, present and future infringements and other violations of the Submitted Materials. As between MCB and you, MCB shall have the unrestricted right to use, display, publish, perform, record, copy, broadcast, transmit, distribute, augment, subtract from, modify, distort, translate, transfer, combine with other information or materials, create derivative works based on, sell, and otherwise exploit for any purpose, the Submitted Materials and any portion thereof, in any manner or media throughout the world, as MCB may in its sole discretion determine, without any obligation to provide attribution or compensation to you, or to seek your approval in respect of any such use.

THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

You acknowledge that, at any time, MCB may provide links to the websites of third parties via the Site. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. MCB is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by MCB of the advertisement or linked site or any content therein. IN NO EVENT WILL MCB BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

WARRANTIES

You represent and warrant that (i) you have not previously granted, pledged, or made any other disposition to any individual or entity, of any right, title or interest in or to the Submitted Materials, and shall not make any such disposition to any individual or entity other than MCB; (ii) each Submitted Material is your original creation; (iii) the Submitted Materials do not and will not use or disclose any trade secrets, confidential information or other proprietary rights of any individual or entity; (iv) you will not challenge MCB’s rights in any Submitted Materials or infringe or otherwise violate any such rights; and (v) neither the Submitted Materials nor the use and/or other exploitation by MCB of the Submitted Materials or any portion thereof, in any manner or media throughout the world, will, to your knowledge, in any way infringe or otherwise violate any intellectual property or other rights of any individual or entity.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCB MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MCB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND MCB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE. FURTHER, MCB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MCB, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES OF MCB (MCB AND ALL SUCH PERSONS, COLLECTIVELY, THE “MCB PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold the MCB Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Submitted Materials provided by you to MCB; and/or (iv) your violation of any rights of any third party.

MODIFICATION OR DISCONTINUANCE OF THE SITE BY MCB

At any time, without notice to you, and for any or no reason, MCB may modify or discontinue the Site or any content thereof. MCB shall in no way be held liable for any consequence which results from MCB’s decision to modify or discontinue providing the Site or any content thereof.

DENIAL OF ACCESS

MCB may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

GOVERNING LAW

The laws of the State of Wisconsin will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Milwaukee, Wisconsin, and you consent to the jurisdiction of such courts.

MISCELLANEOUS

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. MCB’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless MCB agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and MCB with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and MCB with respect to such subject matter.

CONTACT

If you have any questions relating to these Terms of Use, the Site or MCB, please contact: contact@bottlingllc.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

MCB respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide MCB the written information specified below. Please note that this procedure is exclusively for notifying MCB that your intellectual property rights have been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

MCB’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent
Midwest Custom Bottling LLC
N27W23921 Paul Road, Suite B
Pewaukee, WI 53072