Terms & Conditions/Privacy Policy
TERMS & CONDITIONS
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FISCHER-THOMPSON BEVERAGES, INC. Website Standard Terms And Conditions
Last Updated: 12/19/2024
1. INTRODUCTION
These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, [CLIENT] and/or its licensors own all rights to the intellectual property and material contained on this Website, and all such rights are reserved. This includes, but is not limited to, the design, text, graphics, and other content created by or for [CLIENT].
However, certain content on this Website, such as the cybersecurity map and logos of news sites where [CLIENT] has been featured, are the intellectual property of third parties. Specifically:
Logos of news sites featured on this Website are the property of their respective owners. You are granted a limited license subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. This license does not grant you any rights to use third-party content, including trademarks and logos.
3. RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media;
- Selling, sublicensing, and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you, and [CLIENT] may further restrict access by you to any areas of this Website at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain the confidentiality of such information.
4. YOUR CONTENT
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant [CLIENT] a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not infringe on any third party’s rights. [CLIENT] reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
You are prohibited from posting or submitting content that contains hate speech, copyrighted materials, trademark infringements, viruses, or anything that can cause damage of any kind. Users who violate these content guidelines may be banned, reported to law enforcement, and may have legal action brought against them.
All content submitted or provided to [CLIENT] may be used for marketing and other business-related purposes. By submitting content, users grant [CLIENT] the right to use, reproduce, adapt, and distribute such content.
5. NO WARRANTIES
This Website is provided “as is,” with all faults, and [CLIENT] makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. LIMITATION OF LIABILITY
In no event shall [CLIENT], nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and [CLIENT], including its officers, directors, and employees, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.
7. INDEMNIFICATION
You hereby indemnify to the fullest extent [CLIENT] from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. FORCE MAJEURE
[CLIENT] shall not be held liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is due to events beyond its reasonable control, including but not limited to natural disasters, wars, acts of terrorism, cyberattacks, government actions, or any other event that could not have been foreseen or prevented by reasonable measures. This includes incidents such as downtime of the Website or other services due to such uncontrollable events.
9. TERMINATION
[CLIENT] reserves the right to terminate your access to the Website, systems it manages, or any services it provides, at its sole discretion and without notice. Reasons for termination may include, but are not limited to, violations of these Terms, security concerns, illegal activities, or any actions deemed necessary to safeguard the integrity of [CLIENT]’s systems, vendor systems, or business as a whole.
Consequences for violating these Terms can depend on the severity of the incident(s) and may include warnings, immediate termination of access, reporting to law enforcement, and in some cases, civil legal action, all subject to the discretion of [CLIENT].
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, and any disputes arising out of or relating to these Terms shall be resolved through arbitration chosen by [CLIENT]. The arbitration shall be conducted in accordance with the rules of arbitration applicable in Illinois.
11. MODIFICATION OF TERMS
[CLIENT] reserves the right to modify these Terms at any time. Users should regularly check the "last updated" date located at the top or bottom of the Terms page, as no notice will be provided for changes.
12. THIRD-PARTY LINKS AND CONTENT
This Website may include links to third-party websites. Any information and links not under the domain "[CLIENT].com" are considered third-party. [CLIENT] is not responsible for the content or services provided by these third parties. By navigating away from [CLIENT].com, you agree that [CLIENT] is not liable for the third party's handling of information, data, or any possible damages.
13. PROHIBITED ACTIVITIES
You are prohibited from engaging in the following activities on the Website or systems managed or owned by [CLIENT]:
- Hacking and unauthorized access to any part of the Website or systems.
- Phishing, identity theft, or fraudulent activity aimed at obtaining sensitive information.
- Sending unsolicited emails, messages, or other forms of spam.
- Uploading or distributing viruses, trojans, worms, or any other malicious software.
- Impersonating another person or entity.
- Harassment, abusive behavior, or hate speech.
- Engaging in illegal activities, including but not limited to drugs, weapons, or human trafficking.
- Unauthorized data harvesting, scraping, or mining.
- Disrupting the operation of the Website or services, including denial of service attacks.
Any usage of our website, systems we manage, or systems we own for malicious purposes is strictly prohibited. Malicious use or prohibited activities will result in possible termination of account(s), legal action, and reporting to law enforcement.
14. DATA DISCLOSURE
While [CLIENT] will do everything in its power to protect customer data and use your data responsibly, we reserve the right to provide data to law enforcement when legally required by a court of law or when necessary to prevent physical or digital
PRIVACY POLICY
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FISCHER-THOMPSON BEVERAGES, INC.
Last Updated: 12/19/2024
1. Introduction
FISCHER-THOMPSON BEVERAGES, INC. operates the fischerthompsonbeverages.com website (the
"Website"), which provides the SERVICE. This Privacy Policy is intended to inform website
visitors and service users of our policies regarding the collection, use, and disclosure of
Personal Information. By using our Service, you agree to the collection and use of information in
accordance with this policy. Terms used in this Privacy Policy have the same meanings as in
our Terms and Conditions, unless otherwise defined.
2. Information We Collect
Personal Information:
To enhance your experience while using our Service, we may request that you provide us with
certain personally identifiable information, including but not limited to your name, phone number,
postal address, and email address. This information is used to contact or identify you, provide
services, and improve the Service. We do not sell your information and disclose personal
information about our clients, consumers, or former consumers only as described in this Privacy
Policy.
Log Data:
We collect information your browser sends whenever you visit our Service. This Log Data may
include information such as your computer’s Internet Protocol (“IP”) address, browser type,
browser version, the pages of our Service that you visit, the time and date of your visit, time
spent on those pages, and other statistics.
3. How We Use Your Information
We use the information we collect for various purposes, including but not limited to:
Providing, operating, and maintaining our Service.
Improving, personalizing, and expanding our Service.
Communicating with you, including responding to inquiries and providing customer support.
Analyzing usage patterns to enhance our Service.
Sending updates, marketing materials, and other information related to our Service, where
permitted by law.
Detecting, preventing, and addressing technical issues and security threats.
4. Disclosure of Your Information
We may share your personal information in the following circumstances:
With Service Providers:
We may employ third-party companies and individuals to facilitate our Service, provide the
Service on our behalf, perform Service-related tasks, or assist us in analyzing how our Service
is used. These third parties have access to your personal information only to perform these
tasks and are obligated not to disclose or use it for any other purpose.
For Legal Compliance:
We may disclose your information to comply with applicable laws, regulations, legal processes,
or governmental requests, or to protect the rights, property, or safety of [CLIENT NAME], our
users, or others.
Business Transfers:
In the event of a merger, acquisition, or asset sale, your personal information may be
transferred. We will provide notice before your personal information is transferred and becomes
subject to a different privacy policy.
Exclusions:
No mobile information, including text messaging originator opt-in data and consent, will be
shared with third parties/affiliates for marketing or promotional purposes.
5. SMS Communication Policy
How We Obtain Phone Numbers:
We may collect end-user phone numbers through various means, including online forms
available on our website, interactions via our online communication channels, and other
legitimate business practices. In some cases, we may acquire contact information from publicly
available sources or third-party services that comply with applicable legal standards.
How We Use SMS:
We utilize SMS to enhance our communication efforts when other methods, such as phone calls
or emails, are less effective. SMS allows us to schedule appointments, continue conversations,
or provide updates on services, ensuring prompt responses to inquiries. By providing your
phone number, you agree to receive such communications.
Obtaining Consent for SMS:
Consent for SMS communication is obtained during the online form submission process or any
other instance where you voluntarily provide your phone number. By completing the form, you
explicitly agree to be contacted via phone call and/or text message. This consent is documented
and stored in compliance with applicable legal standards.
6. Data Security
We value your trust in providing us with your Personal Information and strive to use
commercially acceptable means of protecting it. However, no method of transmission over the
internet or method of electronic storage is 100% secure and reliable, and we cannot guarantee
absolute security.
7. Links to Other Sites
Our Service may contain links to external websites. If you click on a third-party link, you will be
directed to that site. These external sites are not operated by us, and we strongly advise you to
review their Privacy Policies. We have no control over and assume no responsibility for the
content, privacy policies, or practices of any third-party sites or services.
8. Children's Privacy
Our Services do not address anyone under the age of 13. We do not knowingly collect
personally identifiable information from children under 13. If we discover that a child under 13
has provided us with personal information, we will promptly delete this from our servers. If you
are a parent or guardian and are aware that your child has provided us with personal
information, please contact us to ensure appropriate action.
9. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We advise you to review this page
periodically for any changes. We will notify you of any changes by posting the new Privacy
Policy on this page. These changes are effective immediately after they are posted.
10. Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.