PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Terms and Conditions of Use of this website

Your use of this Website is expressly conditioned on your acceptance of these Terms and Conditions of Use. By using this Website, you signify your agreement to these Terms and Conditions of Use. If you do not agree with any part of these Terms and Conditions of Use, do not use this Website.

Couch Distributing Company (“CDC”) may revise the information on this Website or otherwise change or update the Website, including these Terms and Conditions of Use, without notice to you. CDC may also make improvements and/or changes to the products and/or services described on or offered through this Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions of Use to see if there have been any changes to our policies that may affect you. Your continued use of this Website will signify your continued agreement to these Terms and Conditions of Use as they may be revised from time to time.

THIRD-PARTY SITES, PRODUCTS AND SERVICES

This Website contains links to other Internet Websites (“Third-party Sites”) that are not operated or maintained by CDC. These links are provided for your convenience and the inclusion of any link does not imply endorsement, sponsorship, or recommendation by CDC of the site or any association with its operators. CDC makes no warranties or representations about the content of, any products or services offered by, or the privacy or intellectual property compliance of, such Third-party Sites. CDC also recommends that you take the time to read the privacy policies, terms and conditions of use and user agreements of these Third-party sites. CDC is not responsible for webcasting or any other form of transmission received from any Third-party sites. If you use the My Account or the Make A Payment services offered on this Website, you agree to comply with all applicable National Automated Clearing House Association rules and to indemnify and hold CDC and its electronic funds service providers and banks harmless from any damage, loss, claim or cost (including attorney’s fees) arising or resulting from your breach of these Terms and Conditions of Use or CDC’s authorized actions hereunder. In addition, CDC is not responsible or liable for the errors, omissions or breaches of electronic funds service providers or banks. You shall be solely responsible for any losses arising from any erroneous information provided in regard to the My Account or the Make A Payment services. CDC reserves the right to disable links from any Third-party Sites to the Website.

To the extent we list or link to Third-party Sites products or services, our Website acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.

Please exercise discretion while browsing the Internet and using the Website. You should be aware that when you are using the Website, you could be directed to other sites that are beyond our control. There are links to other sites from the Website pages that take you outside of the Website. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

CDC’S PRIVACY POLICY

Please review CDC’s Privacy Policy which governs CDC’s use of any information that you have or may provide to CDC including pursuant to the forms, documents or agreements available on this Website. Additionally, for California Residents, please review Your California Privacy Rights.

PASSWORD REGISTRATION AND USAGE

Some CDC Website functions, features or services are restricted and require a user identification code (“User ID”) and a password for access. Unauthorized use of or access of such functions, features or services is strictly prohibited.

In accessing or using CDC Website functions, features or services requiring a User ID and password, you agree that:

  • CDC is entitled to act on instructions received under your User ID and password.
  • CDC is not liable for any unauthorized access to your information.
  • You will keep your password confidential and you will notify CDC immediately if you believe someone else has obtained your User ID and password or any unauthorized access to any on-line function, feature or service has occurred or may occur.
  • CDC may block access to any online function, feature or service without prior notice if CDC believes your User ID and password are being used by someone other than you, if any unauthorized access to your information has occurred or may occur, or for any other reason whatsoever.

DISCLAIMER OF WARRANTY

THIS WEBSITE AND ITS CONTENT AND ALL SITE-RELATED FUNCTIONS, FEATURES OR SERVICES ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ALL WEBSITE-RELATED FUNCTIONS, FEATURES AND SERVICES, AND FOR YOUR USE OF ANY THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CDC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY CDC.

LIMITATION OF LIABILITY

CDC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND SHAREHOLDERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO OR FROM THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, INJURY TO REPUTATION OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, WEBSITE-RELATED FUNCTIONS, FEATURES OR SERVICES OR PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE, AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY AND WHETHER OR NOT CDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, WEBSITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THIS WEBSITE AND/OR THOSE FUNCTIONS, FEATURES, SERVICES OR THIRD PARTY WEBSITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless CDC and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms, the services or products provided to you by the Website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the CDC or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.

If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

TERMINATION/ACCESS RESTRICTION

CDC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, for any reason, without notice to you.

JURISDICTION, ENFORCEABILITY, GOVERNING LAW, ETC.

Should any provision of these Terms and Conditions of Use or our Privacy Policy be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. These Terms and Conditions of Use and our Privacy Policy shall be governed by and enforced in accordance with the laws of the State of California, excluding its conflict of laws rules. Any claim or dispute between the parties governed by, subject to, relating to or implicating theses Terms and Conditions of Use or our Privacy Policy shall be litigated solely in the Superior Court of the State of California located in Santa Cruz, California or in the Federal District Court located in San Jose, California, and you agree to the exclusive jurisdiction of the said courts.

USE BY CHILDREN OR MINORS

Children and minors may not use this Website. Please consult with your parents as to Websites which are appropriate for you to use.

COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) STATEMENT

Except as otherwise indicated, all content on this Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, forms, documents, agreements, questionnaires, and software, is the property of CDC or its licensors and is protected by United States and international copyright laws. CDC allows you to view and use the Website solely for your personal, internal use. The compilation of all content on this Website is the exclusive property of CDC and is protected by United States and international copyright laws. Unless specifically authorized in writing by CDC, any use of these materials, or of any materials contributed to this Website by entities other than CDC, on any other Website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions of Use are reserved by CDC worldwide. Content and functions, features and services are subject to change or termination without notice in the discretion of CDC.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.copyright.gov.

In accordance with the DMCA, CDC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Mr. Marty Corley
Address: Couch Distributing Company, Inc.: Internet Services
107 Lee Road
PO Box 50004
Watsonville, CA 95076
Telephone: (831) 724 0649
E-mail: martyc@couchdistributing.com

Please note: If you materially misrepresent that online material, products, services or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

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Effective: January 13, 2020