TERMS OF USE

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

Welcome to Heyseed LLC’s (“Heyseed,” “Dram Apothecary,” “DRAM”, “we,” or “us”) DRAM website, DramApothecary.com (the “Site” or “Website”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, or services (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a “Product”).  

These terms (“Terms”) are a binding contract between you and Heyseed LLC and/or our subsidiaries or other affiliates (collectively, “DRAM,” “we,” “us” or “our”). These Terms include the provisions in this document as well as those in the Privacy Policy. Your (1) purchase of any Products will also be governed by any other terms made available by us to you during the sales process, and (2) participation in any referral or promotion program, including receipt of any rewards or incentives for referring others to the Services, will also be governed by any other terms made available by us to you during the sales process, all of which are hereby incorporated into these Terms. These Terms are important and affect your legal rights, so please read them carefully. If you do not agree to these Terms, you may not access or use the Services or order, receive, or use Products made available through the Services or otherwise from us. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with those Additional Terms. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

THESE TERMS REPLACE AND SUPERSEDE ALL PRIOR VERSIONS OF HEYSEED LLC. D/B/A DRAM TERMS OF USE AND PRIVACY POLICY. 

PACKAGE PROTECTION
If you opted for Package Protection and have an issue with a lost or stolen or damaged package, reach out to info@DramApothecary.com with your email and order number to get the issue resolved.

At DRAM’s discretion, customers who breach these Terms and Conditions or pose an unacceptable loss risk may be classified as uninsurable. If labeled as such, DRAM can revoke their package protection, refunding any fees paid. Disputes can be addressed at info@DramApothecary.com.

  1. DESCRIPTION & USE OF SERVICES
    DRAM services include the offer, sale, production, and delivery of beverages and other items that are designed taste great and use eco packaging. 

  2. ELIGIBILITY & AGE RESTRICTION 
    The Services are not targeted toward or intended for use by anyone under the age of 21. By using the Services, you represent and warrant that you (a) are 21 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one DRAM Account (as defined below), and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

  3. GUIDELINES
    By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
    • You must be the age of majority in their jurisdiction and capable of entering into binding contracts;
    • You will not use the Services for any unlawful purpose;
    • You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
    • You will not upload, post, e-mail, transmit, or otherwise make available any User Content that: is false, deceptive, misleading, deceitful, or mis-informative; Infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity; is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;You will not access or use the Services to collect any market research for or otherwise assist a competing business;
    • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;ou will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for Internet search engines (e.g., Google) and non-commercial public archives that comply with our robots.txt file;
    • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services; and
    • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password, or data.

  4. INTELLECTUAL PROPERTY 
    Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, registered or unregistered trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by DRAM. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained in the materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Heyseed LLC.

  5. PRIVACY
    Our Privacy Policy describes the collection and use of information on the Site.

  6. REGISTRATION & ACCOUNT
    General.  In order to access and use certain areas or features of the Services, you will need to register for a DRAM account (your “Account”). By creating an Account, you agree to (a) provide accurate, current, and complete Account information, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Account.

    Consent to receive electronic communications. By creating a DRAM Account, you also consent to receive electronic communications from DRAM (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., payment authorizations, password changes, waitlist notifications and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

    All communications with us, in any form, are subject to being recorded and retained by us for our business purposes. Any use by us of recording or retained communications is subject to the Terms.  By communicating with us in any manner, you consent and agree to such recordings and retention, subject to the Terms. 

  7. SITE TRANSACTIONS
    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Dram Apothecary shall issue you a refund.

    DRAM does not accept returns or refunds on perishable products. If an item purchased on the Site is damaged or defective, please contact us and we will do our best to resolve any issues. By placing an order on the Site you consent to receive an email invitation to review the order.

  8. SUBSCRIPTIONS
    All subscriptions are continuous which means your subscription will continue and you will be billed until you cancel the subscription. By providing your payment method information and clicking the order/subscribe button as your electronic signature, you accept a continuous subscription, which means your initial subscription will be continuous until canceled.

    In order to cancel your subscription, you must do one of the following:  (1) log into your account and follow the cancellation procedure from the subscription page in your account, or (2) email us at: Info@dramapothecary.com and we can help do it for you.  All cancellations must be adjusted prior 48 hours prior to your subscription renewal, which can be found by logging into your account. If you cancel within 48hrs of your subscription renewal date your cancellation will not go into effect for the following billing cycle. Cancelling your subscription does not provide you with a refund on any previous orders.

    When you subscribe to any of our products during a promotional or sales event, you are eligible to receive the products at the discounted sales price for the initial order only. Please be aware that subsequent orders under the subscription will be billed at the regular discounted subscription price, not the sales price.

    We encourage you to regularly review and manage your subscription details through your account profile on our website. This includes updating personal information, billing details, and subscription preferences. It is your responsibility to ensure that all information associated with your account, including payment information, is current and accurate to avoid any disruptions in your subscription service.

  9. PRODUCT AND PRICE INFORMATION 
    All prices and products advertised are subject to change. DRAM takes care to list accurate prices but sometimes the Site may contain errors or out of date information. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.

    All prices displayed on the Website are quoted in U.S. Dollars ($). Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs, and all other applicable taxes, fees or charges of any nature, shall be added to the total amount of your purchase and will be displayed prior to checkout.

    The images of the products on our Website are for illustrative purposes only. 
    We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

  10. SHIPPING & DELIVERY
    Shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship beverages to P.O. Boxes.
    Free Shipping does not apply to Alaska and Hawaii or any US territories.

  11. USER GENERATED CONTENT
    By uploading, posting or submitting User Content to the Services or to our pages or feeds on third party social media platforms (e.g., DRAM’s Facebook page, Instagram page, TikTok or Twitter feed), you hereby grant DRAM a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

    By uploading, posting, re-posting or submitting User Content to DRAM through the Services or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, subject to DRAM’s Privacy Policy, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize DRAM to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate or infringe these Terms or any applicable law, rule, regulation or third party right.

    DRAM takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DRAM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, DRAM is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Dram Apothecary has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, DRAM reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.

  12. HYPERLINKS & LINKS TO OTHER WEBSITES
    You may be granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial or promotional or marketing purposes. You shall not make or allow to be made any false, misleading, or disparaging remarks about DRAM or any of our affiliated individuals or organizations or our products of services, and you agree that such hyperlink will not portray DRAM or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner, and that the linking site will not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time by DRAM for any reason. You may not use a DRAM logo or other proprietary graphic of DRAM to link to the Services without our express written permission, which, if granted, may be condition or revoked in our sole discretion, for any reason. Further, you may not use, frame, or utilize framing techniques to enclose any DRAM trademark, logo, or other proprietary information, including the images found on the Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

    This Site may contain links to outside services and resources. You acknowledge that (A) DRAM is not responsible for the contents of any embedded materials, linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) DRAM is not responsible for any other form of transmission received from any linked site. Dram Apothecary is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dram Apothecary of the site. Any concerns regarding any such link should be directed to the particular third party website.

  13. USER CONDUCT
    You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
    • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
    • Use or attempt to use another user’s Account without authorization from such user and DRAM;
    • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
    • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Services;
    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
    • Develop any third party applications that interact with User Content or the Services without our prior written consent;
    • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
    • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
    • Use the Services, or any information on the Services or in your Account for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms or other agreements with or rules of DRAM.

  14. REPEAT INFRINGER POLICY & COPYRIGHT COMPLAINTS
    In accordance with the Digital Millennium Copyright Act and other applicable law, DRAM has adopted a policy of terminating, in appropriate circumstances and at DRAM’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. DRAM may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us.

    If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Dram Apothecary that your copyrighted material has been infringed.

    Please provide the following information in the following order:
    • A clear identification of the copyrighted work you claim was infringed. 
    • A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. 
    • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. 
    • Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” 
    • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” 
    • The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
    • Notices of claims of copyright infringement on the Site should be emailed to info@DramApothecary.com with “Copyright Infringement” listed in the subject line.

      Please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

  15. TRADEMARKS
    “DRAM,” the DRAM logo and any other DRAM Product or service names, logos or slogans that may appear on the Services or Products are trademarks of DRAM, are protected under United States and foreign intellectual property registration and other laws, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “DRAM” or any other name, trademark or Product or service name of DRAM without our prior written permission. In addition, the look and feel of the Services and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of DRAM and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by DRAM.

  16. INDEMNIFICATION 
    To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DRAM, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “DRAM Parties”), from and against all actual or alleged DRAM Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, Content or Products, (b) any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Services or Products provided to you. You agree to promptly notify DRAM of any third party Claims and cooperate with the DRAM Parties in defending such Claims. You further agree that the DRAM Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DRAM.

  17. DISCLAIMERS
    DRAM and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of our and their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (DRAM and all such parties together, the “DRAM Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the DRAM Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The DRAM Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the DRAM Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).] THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRAM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SERVICES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  18. LIMITATION OF LIABILITY; RELEASE
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAM OR ANY OF THE OTHER DRAM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM DRAM, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DRAM’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DRAM AND THE OTHER DRAM PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE DRAM MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCT, OR ACCESS OR USE OF THE SERVICES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DRAM AND THE OTHER DRAM PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE DRAM AND THE OTHER DRAM PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DRAM PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    ACCESS TO THE DRAM OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF DRAM SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

  19. ARBITRATION AND DISPUTE RESOLUTION
    Most questions or concerns can be resolved quickly and satisfactorily by emailing us at info@DramApothecary.com with “Arbitration and Dispute Resolution” listed in the subject line or contacting us via USPS mail (331 H Street, Salida CO 81201) or another means as specified on our Services. Please read the following ARBITRATION AGREEMENT carefully because in the event that we are not able to resolve a dispute, you will be required to arbitrate certain disputes and claims with DRAM and this arbitration agreement limits the manner in which you can seek relief from DRAM. Both you and DRAM acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, DRAM Parties are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, DRAM Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

    1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Colorado. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 
    2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitration provider.
    3. Small Claims Court; Infringement. Either you or DRAM may assert claims, if they qualify, in small claims court in Colorado or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, products or other intellectual property rights. 
    4. Waiver of Jury Trial. YOU AND DRAM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and DRAM are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and DRAM over whether to vacate or enforce an arbitration award, YOU AND DRAM WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
    5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor DRAM is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth below. 
    6. Batch Arbitrations. To increase efficiency of resolution, in the event 50 or more similar arbitration demands against DRAM, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 50 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with DRAM and the arbitration provider to implement such a batch approach to resolution and fees.
    7. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: DRAM, Inc. Attention: Legal; 331 H Street, Salida CO 81201 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
    8. Exclusive Venue. If you send the opt-out notice in, and/or in any circumstances where the foregoing arbitration agreement permits either you or DRAM to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and DRAM agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Colorado, or the federal district in which that county falls. 
    9. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with DRAM.

  20. CHOICE OF LAW 
    These Conditions shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of Colorado.

  21. MISCELLANEOUS
    These Terms constitute the entire agreement between you and DRAM relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DRAM. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of Colorado, without regard to the conflicts of laws provisions thereof. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DRAM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
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