Stile Brands Privacy Policy

Effective November 1, 2020

The following privacy policy (Privacy Policy) outlines information Stile Brands, (Stile Brands, we or us) may collect and describes how that information will be used to better serve users of our  Webstore Stile Brands (the Webstore).

BY USING OUR SERVICES AND THE WEBSTORE, (COLLECTIVELY, OUR SERVICES) AS ACCESSED FROM TIME TO TIME, REGARDLESS OF WHETHER THE USE IS IN CONNECTION WITH AN ACCOUNT OR NOT, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

Please review the following carefully so that you understand our privacy practices. If you have questions about this Privacy Policy, please contact us at info@stilebrands.com

Age Restrictions

The Services are not intended for use by anyone under the age of 19. Persons under 19 are not allowed to register with or use the Services. We do not knowingly collect personal information from or about anyone under the age of 19. If we discover that we have collected personal information from a person under 19, we will delete that information immediately. Please refer to our End User License Agreement and Terms of Service for additional information about age verification and eligibility.

Information We Collect

Registration Information

Upon registration on the Webstore, a user profile is developed to further customize your experience. We collect and store in our database the information that you actively enter, such as: Email, Password, Name, Delivery Phone Number, Delivery Address and Postal Code

Personal Identification Collected

For us to be able to provide the Services to you, you must provide us, as well as the retailers who will sell you the product (Retailers) and the persons who deliver the product to you (Carriers) with government-issued photo identification (ID) to prove that you are over the age of 19. When the Carriers arrive at your address, they will ask you for your ID.

Tracking Information

Tracking information is collected and stored in our database as you navigate through the Webstore including, but not limited to, purchase and delivery location history.

How we will use the information

To Provide the Services

We use the information that we collect from you to provide you with the Services, to support and enhance your use of the Services, to monitor which features of the Services are used most, to allow you to view your purchase history, to allow you to view any promotions we may currently be running, and to determine which features we need to focus on improving. If you choose to provide us with personal information, that information may be transferred to and stored on servers located in Canada. If you download the Webstore but the Services are not yet available in your geographic location, you will have the option to provide us with your email address and postal code so that we may notify you when the Services become available in your geographic location. If you choose to provide us with this information, we will use it solely for this notification purpose. We also use usage patterns and geographic locations to determine which retailer an order should be fulfilled by and where we should offer or focus services, features and/or resources. We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, Stile Brandsmay notify you about new services or special promotional programs, or send you offers or information. We use the information collected to determine the correct Webstorelication version depending on your device type and for troubleshooting.

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is suspended for maintenance, we may send an email to notify you. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

We will communicate by responding to your inquiries, providing the services you request, and managing your account. We will communicate by email or telephone, whichever is preferable.

Targeted or Behavioural Advertising

Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual’s interactions with the Services, such as the searches they have made, the type of device they have used, their demographics or locations, or the orders they have placed. This information is then used to select which advertisement should be displayed to an individual via the Services. For example, if you have shown a preference for a type of beverage while using the Services, you may be served an advertisement via the Services relating to that type of beverage. We may share or sell aggregated demographic information about our user base, including information related to your use of the Services (e.g., how you interact with our Webstore, our partners, and advertisers), your device type, UUID, purchase history, delivery location history, and click tracking, with third party advertisers for the purpose of selecting an Webstoreropriate audience for their advertisements, but only after either removing from such information anything that personally identifies you or combining it with other information so that it no longer personally identifies you. This information does not identify individual users by name, email or other contact information. Note, that presently Stile Brands is not engaging in Targeted or Behaviour Advertising but may do so in the future. If you would like to opt out of targeted advertising that occurs when using the Services, please contact us at info@stilebrands.com delivery. Please note that this will opt you out of targeted ads delivered via the Services. If you opt out, you will continue to receive online advertising via the Services; however, these ads may not be as relevant to you.

Our Disclosure of Your Information: We share information collected from or about you only as follows:

Retailers and Carriers

In order for Retailers to fulfill your order for products through our Services and in order for Carriers to deliver products to you, we will provide Retailers and Carriers with your name, address, phone number, and any other personal information that is required in order to ensure that the correct products are promptly delivered to you at the correct address and that you are notified quickly if there are any problems with the fulfillment or delivery of the product.

Aggregated Data

Stile Brands may share or sell aggregated demographic or other information about our user base that includes Non-Personally Identifying Information and log data (including how users interact with our Webstore), with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. This information does not identify individual users by name, email, or other contact information.

Third Party Providers

We use a third-party hosting provider who hosts our support section of the Service. Information collected within this section of the Service is governed by this Privacy Policy. Our third-party service provider does not have access to this information. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, or provide customer support. These third parties have access to your personal information only to perform these tasks on our behalf.

Payment/Credit Card Transactions

All payments and credit card transactions are processed by secure third-party payment processors, and not by Stile Brands. Any information that you provide to a third party payment processor is governed by such payment processors separate privacy policy, instead of this Privacy Policy. Please consult the privacy policy of the Webstorelicable third party payment processor. Stile Brandsneither accepts nor processes any payments, and neither Stile Brandsnor any retailers that facilitate the Services ever see or receive your payment card information.

Law Enforcement

“Stile Brands” cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Stile Brands or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

Acquisition of Stile Brands

In the event that all or a substantial portion of the assets, business or stock of Stile Brandsare acquired by, merged with, or transferred to another party, or in the event that Stile Brands goes out of business or enters bankruptcy, your personal information would be one of the assets that is transferred to or acquired by the third party. You acknowledge that such transfers may occur and that any acquirer of Stile Brands or its assets may continue to use your personal information as set forth in this Privacy Policy. If any acquirer of Stile Brands or its assets will use your personal information contrary to this Privacy Policy, you will receive prior notice.

Accessing and Updating Your Personal Information and Preferences

If your personal information changes, or if you no longer desire our Service, or if you wish to update your preferences to receive email or other communications from us, you may correct, delete inaccuracies, or amend your personal information and preferences by emailing us at info@stilebrands.com. We will respond to your access request within 30 days. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to 30 days as we process your request.

Retention of Personal Information

Stile Brands will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Security

All information we collect is securely stored within our database. We use standard, industry-wide, Payment Card Industry compliant, commercially reasonable security practices. However, as effective as encryption technology is no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to Stile Brands you do at your own risk. We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. If you do share your password or personal information with others, you are responsible for all actions taken in the name of your account. You are required to keep your password secure and confidential, and we may terminate your license to use the Services if you fail to comply with this requirement. If your password has been compromised for any reason, you should immediately notify Stile Brands and change your password.

Changes to our Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by the email provided or by means of a notice in the Webstore prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact us at info@stilebrands.com

Stile Brands Webstore User License and Terms of Service

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT AND TERMS OF SERVICE (LICENSE) CAREFULLY. THIS LICENSE, TOGETHER WITH OUR PRIVACY POLICY, IS A LEGAL AGREEMENT BETWEEN YOU AND Stile Brands(Stile Brands, WE OR US).

BY ACCESSING, INSTALLING AND USING THE Stile Brands WEBSTORE APPLICATION (THE WEBSTORE) OR USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY Stile Brands (THE SERVICES), YOU REPRESENT TO US THAT YOU ARE:

(I) AT LEAST 19 YEARS OF AGE; AND

(II) LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS LICENSE.

YOU HEREBY ACKNOWLEDGE THAT Stile Brands IS NOT ENGAGED IN OR RESPONSIBLE FOR THE SALE, SERVICE, TRANSPORTATION, OR DELIVERY OF ALCOHOLIC BEVERAGES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE DO NOT ACCESS, INSTALL, OR USE THE WEBSTORE OR THE SERVICES.

YOU MAY CONTACT US REGARDING THE WEBSTORE OR THIS LICENSE AT info@stilebrands.com

1. License Grant. Stile Brands hereby grants to you, subject to the terms and conditions of this License, a personal, non-exclusive, nontransferable, limited license (without the right to sublicense) to access and use the Services and the Webstore (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) for your personal use on a device that you own or control, subject to the limitations set forth below. This License does not permit you to install or use the Webstore on a  device that you do not own or control and you may not distribute or make the Webstore available over a network where it could be used by multiple devices at the same time. All rights not expressly granted herein are reserved by Stile Brands.

2. Use of The Webstore.

(a) You are responsible for providing the device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Webstore or the Services. WE DO NOT GUARANTEE THAT THE WEBSTORE OR THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE WEBSTORE OR THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Webstore (Push Messages). You acknowledge that, when you use the Webstore or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through your  device’s operating system (there may be infrequent, but important service announcements and administrative messages). Please check with your wireless service provider to determine what fees Webstorely to your access to and use of the Webstore or the Services, including your receipt of Push Messages from Stile Brands. YOU ARE SOLELY RESPONSIBLE FOR ANY FEE, COST OR EXPENSE THAT YOU INCUR TO DOWNLOAD, INSTALL AND/OR USE THE WEBSTORE OR THE SERVICES ON YOUR  DEVICE, INCLUDING FOR YOUR RECEIPT OF PUSH MESSAGES FROM Stile Brands.

(b) The Webstore provides an electronic platform for the purposes of connecting consumers to selected retailer(s) who engage in the sale, service, delivery and/or transportation of alcoholic beverages (Retailer(s)), and to the alcohol transportation and delivery service provider(s) of such Retailer(s) (Carrier(s)). All orders placed through the Webstore or the Services are accepted, reviewed, and ultimately fulfilled by the Webstorelicable Retailer(s). All alcoholic beverage sales and/or alcohol transportation and delivery services through the Webstore or the Services are solely transacted between you and the Webstore applicable Retailer(s) and/or Carrier(s). Stile Brands itself does not provide or sell alcoholic beverages or alcohol transportation services and is not a licensed alcohol transportation carrier or Retailer.

(c) No joint venture, partnership, employment, or agency relationship exists between Stile Brands and any business or third party as a result of this License or use of the Webstore or the Services. Stile Brands shall not be liable for any sale, service, transportation, delivery, or alcohol purchasing services provided by third parties. Stile Brands is not a vendor or co-vendor of any goods and/or services.

4. Terms of Service.

(a) You agree that:

(i) you will not use the Webstore or the Services if you are not fully able and legally competent to agree to the terms of this License;

(ii) you will only use the Webstore or the Services for lawful purposes;

(iii) you will not use the Webstore or the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct,

(iv) you will not use the Webstore or the Services to advertise, solicit or transmit commercial advertisements, including spam;

(v) you will not use the Webstore or the Services to cause nuisance, annoyance or inconvenience;

(vi) you will not impair the proper operation of the network,

(vii) you will not try to harm the Webstore or the Services in any way whatsoever;

(viii) you will not copy, or distribute the Webstore or the Services or other content without written permission from Stile Brands;

(ix) you will only use the Webstore or the Services for your own use and will not resell it to a third party;

(x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Webstore or the Services;

(xi) you will only use an access point or 3G data account (AP) which you are authorized to use;

(xii) you will provide us with whatever proof of identity we may reasonably request;

(xiii) any Retailer may decline your delivery request for any reason.

(b) If you reside in a jurisdiction which restricts the use of the Webstore or the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Webstore or the Services if you do not meet or exceed such limits. Without limiting the foregoing, the Webstore or the Services are not available to persons under the age of 19. By using the Webstore or the Services, you expressly represent and warrant that you are at least 19 years of age and legally entitled to enter into this License.

(c) You understand that by using the Webstore or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Webstore and the Services at your sole risk and that Stile Brandsshall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

(d) Stile Brands makes no representation as to any laws, rules or regulations of any jurisdiction regarding the sale, service, transportation or delivery of alcoholic beverages to a customer/consumer, including you.

(e) Anti-Spam. You agree to comply with Canada’s Anti-Spam Legislation (CASL) in any interactions that you have with Stile Brandsor through use of the Webstore or the Services. You agree that you will not provide Stile Brandswith any other individuals personal information, including but not limited to their email address, unless (i) they are at least 19 years of age and you have their prior consent to do so or (ii) they are at least 19 years of age, you have a family or personal relationship with them, and you are providing only their email address. You have a family relationship with another individual if you are related to them through a marriage, common-law partnership or any legal parent-child relationship and have had direct, voluntary, two-way communication with them. To be deemed to have a personal relationship with another individual, you must have had, at a minimum, a direct, voluntary, two-way communication with that person. It is not sufficient to be a friend of that individual on a social media site such as Facebook without any additional direct communication with that individual. If you provide Stile Brandswith an email address for an individual with whom you do not have a family or personal relationship, Stile Brandsreserves the right to terminate your use of the Webstore and the Services or to take any other steps necessary to ensure that no further violations of this License occur.

(f) Stile Brands shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this License or to comply with Webstore applicable laws. Stile Brands explicitly reserves the right to refuse access to the Webstore or the Services at any time without notice for your failure to abide by the terms as set forth in this License or to comply with Webstore applicable laws.

5. Fees and Offers. Any fees which Stile Brands may charge you for the Webstore or the Services are due immediately. When you initiate a transaction via the Webstore or the Services, Stile Brands third party payment processor will charge your credit or debit card. Stile Brands and the Retailers reserve the right to determine final pricing. Stile Brands, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Stile Brands may change the fees for the Webstore or the Services in our sole discretion.
6. Personal Identification. When the delivery arrives, you will provide the Carrier(s) with any government-issued identification that proves that you are 19 years of age or over and, if such ID was not issued by the jurisdiction in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the Retailer(s) or Carrier(s). It is the responsibility of each Retailer, its Carrier(s) and its employees to verify your ID.
7. You will defend, indemnify and hold Stile Brands, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this License or any Webstorelicable law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Webstore or the Services; or (d) your negligence or willful misconduct.
8. User Requirements and Representations.

You hereby agree to the following:

1. You will protect the Webstore, the Services, and their proprietary content, information and other materials, from any unauthorized access or use;
2. You will not use the Webstore, the Services or other proprietary content, information or other materials owned by Stile Brands except as expressly permitted herein or expressly authorized in writing by Stile Brands.
3. You will not use the Webstore or the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
4. You will not directly or indirectly:

(a) Distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Webstore or the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity;

(b) Use the Webstore or the Services in any service bureau arrangement;

(c) Copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Webstore or the Services, any updates, or any part thereof in any form or manner or by any means;

(d) Remove or alter any copyright or other proprietary rights notice or restrictive rights legend contained or included in the Webstore or the Services;

(e) Decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Webstore, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Webstorelicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Webstore);

(f) Use any means to discover the source code of the Webstore or to discover the trade secrets in the Webstore or the Services; or

(g) Otherwise, circumvent any functionality that controls access to or otherwise protects the Webstore or the Services.

9. Your Data. When you use the Webstore or the Services, you understand and agree that Stile Brands may collect, use and disclose technical data and related information about you in various ways subject to the terms of the Privacy Policy. In the event of a conflict between this License and the Privacy Policy, the Privacy Policy will govern. All information provided through the Webstore or the Services is sent through your service provider. Information collected by your service provider and other third parties is used, stored, transferred and disclosed pursuant to the service provider and/or the third party’s privacy policies and practices. If you would like to opt-out of certain information gathering or to opt-out of certain features of the Webstore, please refer to the opt-out options set forth in the Privacy Policy.
10. Third Party Services and Materials.

(a) Certain Services may display, include or make available content, data, information, Webstore applications or materials from third parties (Third Party Materials). By using the Webstore or the Services, you acknowledge and agree that Stile Brands is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Material. Stile Brands does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Stile Brands, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any services.

(b) In addition, third-party services and Third Party Materials that may be accessed from, displayed on or linked to from a device are not available in all languages or in all countries. Stile Brands makes no representation that such services and Third Party Materials are Webstore appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any Webstore applicable laws, including but not limited to Webstore applicable local laws. Stile Brands, and its licensors reserve the right to change, suspend, remove, or disable access to the Webstore or the Services at any time without notice. In no event, will Stile Brands be liable for the removal of or disabling of access to any such Webstore or Services. Stile Brands may also impose limits on the use of or access to the Webstore or to certain Services, in any case, and without notice or liability.

11. Disclaimer of Warranties and Limitation of Liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSTORE OR THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

Stile Brands IS NOT RESPONSIBLE FOR ANY HARASSING, THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL MESSAGES OR TRANSMISSIONS THAT YOU MAY RECEIVE AS A RESULT OF USING THE WEBSTORE OR ANY OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY WEBSTORELICABLE LAW, THE WEBSTORE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

Stile Brands HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSTORE (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF) AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES AND/OR CONDITIONS OF: (1) MERCHANTABILITY, (2) SATISFACTORY QUALITY, (3) FITNESS FOR A PARTICULAR PURPOSE, (4) ACCURACY, (5) QUIET ENJOYMENT, (6) TITLE OR (7) NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (8) INTERFERENCE WITH ENJOYMENT, (9) COMPLETENESS, (10) INTEGRATION, (11) FREEDOM FROM DEFECTS OR DISABLING DEVICES, (12) UNINTERRUPTED USE, AND (B) ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

Stile Brands DOES NOT WARRANT THAT (A) THE WEBSTORE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE WEBSTORE OR THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE WEBSTORE OR THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER WEBSTORELICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE WEBSTORE OR THE SERVICES WILL BE CORRECTED OR (E) THAT THE WEBSTORE WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Stile Brands OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL Stile Brands BE LIABLE FOR: (Y) DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES [INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSTORE OR THE SERVICES]), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LICENSE OR OTHERWISE, ARISING IN ANY WAY IN CONNECTION WITH THE WEBSTORE, THE SERVICES OR THIS LICENSE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF Stile Brands HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSTORE OR THE SERVICES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND ANY RETAILER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONE OR MORE OF THE ABOVE EXCLUSIONS AND LIMITATIONS, MAY NOT WEBSTORELY TO YOU.

If, for any reason, a court finds Stile Brands liable for damages notwithstanding the foregoing, in no event shall Stile Brands total liability for all damages arising out of or in connection with the Webstore, the Services or this License exceed the amount paid by you to Stile Brandsfor your use or receipt of the Services. The foregoing limitations will Webstore apply even if the above stated remedy fails of its essential purpose.

You agree that the above limitations of liability together with the other provisions in this License that limit liability are essential terms of this License and that Stile Brands would not be willing to grant you the rights set forth in this License but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Stile Brands to grant you the rights set forth in this License.

(a) The Webstore, the Services and their content, including their look and feel (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark, and other laws. You acknowledge and agree that Stile Brandsand/or its licensors own all right, title and interest in and to the Webstore and the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Stile Brands (or its licensors) patents, patent Webstore applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this License.

(b) Any and all (i) suggestions for correction, change and modification to the Webstore, the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Stile Brands by you (collectively Feedback), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Stile Brands or otherwise relating to the Webstore or the Services (collectively, Revisions), are and will remain the property of Stile Brands. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Webstore, the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Stile Brands and Stile Brands may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Stile Brands any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Stile Brands request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

13.Modifications. We may modify this License at any time. Modifications become effective immediately upon your first access to or use of the Webstore or the Services after the Last Revised date at the end of this License. Your continued access or use of the Webstore or the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified License. If you do not agree with the modifications, then please uninstall and do not access or use the Webstore or the Services.

14. This License is effective until the earlier of the date that you uninstall the Webstore, you fail to comply with any term of this License or Stile Brands terminates this License. Stile Brands may suspend or terminate your account(s) or cease providing you with the Webstore or all or part of the Services at any time for any reason, with or without notice to you, including, but not limited to, if we reasonably believe: (i) you have violated this License, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Webstore or the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to access your account(s) or the Webstore. Upon termination, you will cease all use of the Webstore and the Services and will destroy all copies (full or partial) of the Webstore in your possession or control. Termination will not limit any of Dial-a-Bottle’s other rights or remedies at law or in equity. This Section 13 along with Sections 6, 8, 10, 11, 16, 17, 18 and 19 shall survive termination or expiration of this License for any reason.
15. Export Laws. You agree that you will not export or re-export, directly or indirectly the Webstore, the Services and/or other information or materials provided by Stile Brands hereunder, to any country for which Canada or any other relevant jurisdiction requires any export license or other governmental Webstore approval at the time of export without first obtaining such license or Webstore approval. In particular, but without limitation, the Webstore or the Services may not be exported or re-exported (a) into any Canadian embargoed countries or any country that has been designated by the Canadian Government as a terrorist supporting country, or (b) to anyone listed on any Canadian Government list of prohibited or restricted parties. By using the Webstore or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all Webstore applicable United States export laws and regulations.
16. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this License by any authority.
17. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to Stile Brandsfor which monetary damages would not be an adequate remedy and Stile Brands shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

18.Dispute Resolution, Arbitration, No Class Actions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS LICENSE OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Canadian Federal Arbitration Act and American federal arbitration law Webstore apply to this License.

If you do not want to arbitrate disputes with Stile Brands and you are an individual, you may opt out of this arbitration agreement by sending an email to info@stilebrands.com delivery within thirty (30) days of the earlier of the day you first access or use the Webstore and the day you first receive any of the Services.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS LICENSE AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to Stile Brands Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Stile Brands should be sent by any of the following means: (i) electronic mail to info@stilebrands.com delivery; or (ii) sending the Notice by certified mail to 934 King Road, Burlington British Columbia Canada L7T 3L3. The Notice must (x) describe the nature and basis of the claim or dispute, and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Stile Brands may commence an arbitration proceeding. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this License. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitrator. Stile Brands will not seek attorneys fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, Webstore applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not Webstore apply to the paragraph below.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuses of intellectual property rights.

19.Miscellaneous.

This License may not be modified by you.

This License will inure to the benefit of and will be binding upon each party’s heirs, successors and assigns.

This License and the licenses granted hereunder may be assigned by Stile Brands but may not be assigned by you without the prior express written consent of Stile Brands.

If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions had not been inserted herein.

It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

Nothing contained in this License will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.

In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this License due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.

The headings and captions contained herein will not be considered to be part of the License but are for convenience only.

You and Stile Brands agree that the United Nations Convention on Contracts for the International Sale of Goods will not Webstore apply to the interpretation or construction of this License.

The laws of British Columbia and Canada, excluding its conflicts of law rules, govern this License and your use of the Webstore and the Services.

This License, together with the Privacy Policy, sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.