Terms & Conditions

Last Updated:  9/1/2017

Welcome to our website, which is operated by Coopers USA, Inc., a Delaware corporation, or one of its subsidiaries, including Coopers DIY, LLC (collectively, "Coopers," "us" "our" or "we").  The following terms and conditions, together with any documents they incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of this site (the "Website"), any mobile applications provided by Coopers, such as the Brewart Application (collectively, all such applications are referred to herein as the "App"), and any of our other products, services and tools related to your access to the Website and the App (collectively, we will refer to such other services and tools provided by Coopers, along with the App, as the "Service").  Please read the Terms of Use carefully before using this Website or Services and let us know if you have any questions or concerns.  This Website and Services are available ONLY TO USERS 18 YEARS OF AGE OR OLDER.

NOTICE REGARDING DISPUTE RESOLUTION:  These Terms of Use contain provisions that govern the resolution of claims between you and Coopers.  They also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration.  Unless you opt out, you will only be able to pursue claims against Coopers on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Acceptance and Modification of the Terms of Use. 

By accessing or using the Website or Services, or by clicking to accept or agree to the Terms of Use when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the Terms of Use, which include our Privacy Policy and Delivery and Orders Policy, both incorporated herein by reference.  If you do not wish to agree to the Terms of Use, the Privacy Policy, or the Delivery and Orders Policy, you must not access or use the Website or Services. 

The Website and Services are offered and available to users who are eighteen (18) years of age or older.  By using the Website or Services you represent and warrant that you are of legal age to form a binding contract with Coopers.

Also, please note that we may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when posted and apply to all access to and use of the Website and Services thereafter.  Your continued use of the Website and Services following the posting of changes means that you accept and agree to the changes.   It is your responsibility to check these Terms of Use periodically for changes, as these changes are binding on you. 

Privacy Policy. 

We value your privacy and understand your privacy concerns.  Please review our Privacy Policy, which also governs your access to and use of the Website and Services, so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You further understand that any information collected by Coopers may be transferred to the United States and/or other countries for storage, processing and use by Coopers and its affiliates.

The Store and Your Orders.

The store is where you can purchase products and/or services (collectively, the "Products").  Any order for Products is an offer by you to purchase those Products for the price listed at the time of your order (together with any applicable delivery fees and taxes).  Confirmation by us of receipt of your order does not signify our acceptance of the order. 

We reserve the right, at any time after receipt of your order, to decline your order for any reason in our absolute discretion including, without limitation, where any Product in the order is not available, if there is an error or omission in the price or description of the Product, or payment in respect of the order is unable to be processed.

All orders placed must obtain pre-approval with a method of payment acceptable to us. We may require additional verification or information before accepting any order.

Orders may be placed online via the Website or by phone.   Dealers, exporters, wholesalers, or other persons who intend to resell the Products, are not permitted to place orders for Products via the Website unless the Website expressly states it is for such buyers.

Homebrewing and Other Applicable Laws.

You acknowledge that homebrewing and the consumption of homebrewed alcohol products are regulated at the state and federal level, and covenant that you will abide by all governing laws, rules and regulations in your use of the Website, our Services and any Products purchased from us. You agree to indemnify, protect and hold us harmless from all claims, liabilities, losses or other damages that we may suffer arising from or in connection with your use of the Website, our Services and any Products in violation of governing laws, rules and regulations.

Delivery and Orders Policy. 

We value you as a customer and want to ensure you enjoy your shopping experience with us.  Please review our Delivery and Orders Policy, which governs any purchases made through our store. 

Intellectual Property.

All content, features and functionality available on or through the Website or Services, including but not limited to the App, text, graphics, logos, button icons, images, audio and video clips, data compilations, software and computer code, and the design, selection and compilation thereof (collectively, the "Content") is the property of Coopers, its affiliates, partners or licensors, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws.  Coopers’ name, trademarks, logos, product and service marks, and designs and slogans displayed on the Website or Services (collectively, the "Trademarks") are the marks and registered marks of Coopers, its  affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.  You are not permitted to use these Trademarks without the prior written consent of Coopers or such third party that may own the marks.  Furthermore, except as set forth in the Limited License section below, or as required under applicable law, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit, in whole or in part, any of the Content, Trademarks, or any portion of the Website or Services, for any purpose, without Coopers's express prior written consent.  No right, title or interest in or to the Website, Services or Content is transferred to you, and all rights not expressly granted in the Terms of Use are reserved by Coopers.  Any use of the Website or Services not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, or other laws.

Limited License.  

a.  Mobile Application and Other Software Products.  Your use of any Coopers Application or third party software Product purchased on the store that is licensed to you will be exclusively governed by a separate end user license agreement (the "EULA").  In the case of the BrewArt Application, you will be required to accept such agreement at or before the time of purchase.  In the case of third party software Products, you will be required to accept such agreement at the time of installation of the Product. You acknowledge that these Terms of Use do not govern in anyway your use of software Products after such have been purchased from the store.  After purchase, your use of any such Products is governed solely by the applicable EULAs.

b. Website and App.  As long as you comply with the Terms of Use, we hereby grant you a limited, revocable, non-assignable and non-exclusive license to access and make personal, non-commercial use of the Website and Services.  This limited license does not include the right to:  (i) use, display, mirror or frame the Website or Services, any individual element within the Website or Services, the Trademarks or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the Site or Services by any means other than through the interface provided by Coopers and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Website or Services, our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Coopers or any of our providers or any other third party (including another user) to protect the Website or Services; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of your Submissions transmitted through the Website or Services; (vi) attempt to access or search the Website or Services or scrape or download any user content from the Website or Services, or otherwise use or upload content to, or create new links, reposts, or referrals in the Website or Services through the use of any engine, soft-ware, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Coopers or other generally available third party web browsers; (vii) send or post onto the Website or Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Website or Services or a Coopers trademark, logo, or URL without Coopers’ express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Website or Services; (xi) reproduce, duplicate, copy, modify, make derivative works of, sell, trade, resell or exploit for any commercial purpose any portion of the Website or Services or your access to or use of the Website or Services; (xii) collect or store any personally identifiable information from other users of the Website or Services; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) access the Website or Services for the purpose of building a competitive product or service or copying its features or user interfaces; (xvi) violate any applicable law or regulation; or (xvii) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.  We also grant you a limited, revocable, non-assignable and non-exclusive license to create a hyperlink to the home page of the Website; provided, however, that any website linking to our Website must not:  (i) replicate our Content; (ii) imply that we endorse such website or its services or products; (iii) misrepresent its relationship with us; (iv) contain content that is unlawful or inappropriate for all ages or contain content that could be construed as distasteful, obscene, offensive or controversial; (v) portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) use any Trademark or other intellectual property belonging to us; (vii) link to any page of the Website other than the home page; and (viii) otherwise take any action with respect to the Website that is inconsistent with any other provision of the Terms of Use.  We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you must immediately remove such link.  We reserve the right to withdraw linking permission and/or disable all links without notice and in our sole discretion.  Any unauthorized use by you of the Website, Services, Trademarks, or Content terminates the limited licenses set forth in this section without prejudice to any other remedy provided under these Terms of Use or applicable law.

Your Account.

To access the Website or Services, or some of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website and Services that you (i) provide correct, current and complete information about yourself as prompted by the registration form for the Website or Services (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete.  You agree that all information you provide to register or otherwise, including without limitation through any interactive features of the Website or the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  You further agree that Coopers may provide any and all notices, statements, and other communications to you through email to the email address provided in the Registration Data.

If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity.  You further agree that your account is personal to you and that you will not provide any other person access to the Website or the Services, or any portions of the same, using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

BrewArt BeerDroid.

You may choose to register your BrewArt BeerDroid through this Website or the Coopers Application

If you choose to register your BrewArt BeerDroid, you will have access to a number of additional benefits, including having any future support or performance firmware updates for the BeerDroid automatically installed by us, and tailored trouble-shooting support based on the particular brewing and technical data output from your BeerDroid which we are able to collect directly from the BeerDroid via its built-in internet connection. If you install the Coopers Application. you will also be able to link the app to your BeerDroid and control the BeerDroid using the app.

By registering your BrewArt BeerDroid, you expressly acknowledge and consent to us:

  • accessing the brewing data and technical data generated and stored by your BrewArt BeerDroid (using its connection to the internet) to assist us in resolving technical or brewing issues you request our help with;
  • accessing your BrewArt BeerDroid directly (using its connection to the internet) in order to install upgrades or updates to its on-board firmware;
  • accessing the brewing data stored by your BrewArt BeerDroid to tailor our product offerings to you or recommend brewing methods, products or other types of beverages which you may be interested in; and
  • if you install the BrewArt app, linking the app and associated personal information (if any) to your registration on this Site and other personal information about you which we have collected or which you have provided to us in accordance with our Privacy Policy.

User Participation and Submissions.

We do not and cannot review all communications and materials posted to or created by users accessing the Website or Services, including any reviews that may be posted by users of the Website or Services for user Submissions and/or Products offered on the store, and we are not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user generated content on the Website and Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website or Services. However, we do reserve the right, without any obligation to notify you of the removal or to retain the removed content, to block or remove communications or materials that we determine to (i) be unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) create a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seek to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violate, or encourage any conduct that violates laws or regulations or contains any information or content that is illegal; (v) infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or (vi) be offensive or otherwise unacceptable to us at our sole discretion. 

Any user generated content on the Website, and any inquiries, feedback, suggestions, ideas or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting a Submission, you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.  You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.  You agree to indemnify, protect and hold us harmless from all claims, liabilities, losses or other damages arising from or in connection with any claims to any rights in your Submission.

Transmission of Your Submissions. 

The term Submissions also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Website or Services. You understand that the technical processing and transmission of your Submissions (including the possible transmission of Submissions outside its country of origin) may be necessary to your use of the products, services and content offered on or through the Website or Services and consent to Coopers' interception and storage of your Submissions. You understand that you or Coopers may be transmitting Submissions over the Internet, and over various networks, only part of which may be owned and operated by Coopers. You agree that Coopers is not responsible for any portions of your Submissions that are lost, altered, intercepted or stored without authorization during the transmission of Submissions across networks not owned and operated by Coopers.

Copyright Infringement Notification Process.

Coopers abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Website or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Coopers of any such copyright or other intellectual property rights infringement. Similarly, if you believe that any of your Submissions have been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:

 

            DMCA Complaints

 

            Coopers USA, Inc.

            3366 North Dodge Blvd

            Tucson, Arizona 85716

            Email: DMCA@brewart.com

 

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Coopers's rights and obligations under the DMCA and do not constitute legal advice. Coopers will remove the infringing content, subject to the procedures outlined in the DMCA.

 

Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

 

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Counter-Notification. If your Submission has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

 

1. A physical or electronic signature of the subscriber.

 

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

Your Obligations & Responsibilities. 

You may use the Website and Services only for lawful purposes and in accordance with the Terms of Use.  In the access or use of the Website or Services, you must comply with the Terms of Use and any special warnings or instructions for access or use posted on the Website or Services.  Without limiting the generality of any other provision of these Terms of Use, if you default, negligently or willfully, in any of the obligations set forth in the Terms of Use (including our Privacy Policy), you will be liable for all losses and damages that such default may cause to Coopers, our affiliates, partners or licensors.


Promotions.

We may, at our sole option, from time to time offer promotions.  The terms and conditions for all promotions (if any) will be explicitly stated in the e-mail, advertisement, article or other communication to which they are associated (such as eligibility requirements, dates of availability, contents of the promotion, etc.).  For additional information related to any promotion, please contact customerservices@brewart.com.


Links to Third Party Sites.

If the Website and Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.  


Limited Replacement Warranty.

Coopers provides the following limited replacement warranty (the "Limited Replacement Warranty") the original end-user purchaser of an Eligible Product:

If you purchase an Eligible Product from us via the Website which becomes faulty or defective during the initial 12 month period from the date you purchased the Eligible Product, we will replace the faulty or defective Eligible Product (or component, as applicable) with an equivalent product (or component) free of charge. You will only be entitled to make a claim under this Limited Warranty if you satisfy the pre-conditions to making a claim and follow the claim procedure specified below.

Pre-conditions to making a claim

You are only entitled to make a claim under this Limited Replacement Warranty if you satisfy each of the following:

  • you are the original end-user purchaser of the Eligible Product (i.e. this Limited Replacement Warranty is not transferrable to second-hand or other purchasers);
  • you purchased the Eligible Product brand new from us using this Website;
  • you purchased and have only used the Eligible Product for personal, domestic or household use;
  • you immediately cease to use the Eligible Product upon becoming aware of the claimed fault or defect;
  • you are able to provide an original proof of purchase issued by us; and
  • you notify us of the claimed fault or defect in writing within fourteen (14) days of becoming aware of the claimed fault or material defect.

Notwithstanding the above, you are not entitled to make a claim under this warranty if:

  • the fault or defect was caused or contributed to by you, or as a result of damage caused to, or the improper handling, use or modification of, the Eligible Product by any person (other than us, our employees or subcontractors);
  • the fault or defect was caused by accident, fire, misuse, neglect, or unusual or unplanned electrical stress;
  • you were advised of the fault or defect prior to purchasing the Eligible Product;
  • the Eligible Product was provided as a free accessory or promotional item;
  • you did not purchase the Eligible Product new from us using the Website; or
  • you have previously been unsuccessful in claiming a replacement in respect of the fault or defect under this warranty.

How to make a claim

Please contact INSERT EMAIL to begin the claim process. We will require your name, telephone number, email address and Product information in order to facilitate the claim process. Unless we advise otherwise, we will only accept returns in accordance with these Terms of Use. We will collect the Product at no extra cost to you if you make the Product available for collection at the time we require at a physical address located within INSERT WHERE NEED BE LOCATED TO GET FREE PICKUP. In any other case, you will need to send your returned Product to us at your expense to the address specified below.  Please ensure you package the Products properly to prevent any damage to the Products during transit.

We will not be responsible for any items that are returned to us in error. Risk in the returned Product will only pass to us upon actual receipt by us of the Product.

Once claim is confirmed in writing by us for assessment, please send your returned Products to:

Coopers DIY
3366 N Dodge Blvd
Tucson, AZ 85716

Once we collect the Product, we will require time to complete an assessment of the Product and claimed fault or defect.  We will notify you using the contact details you have provided once we have determined whether or not your claim is successful.

If your claim is unsuccessful, you will be notified and we will, deliver the original purchased Product to the delivery address you specify in accordance with the delivery terms above.

If your claim under this warranty is successful, then, once available, we will arrange for the replacement product to be re-delivered to your delivery address at our cost. Replacement Products are sent at your risk. We are not liable for any breakages or damage to the Products during delivery .

Disclaimer of Warranties.

Except for Eligible Products purchased from the store that are subject to our Limited Replacement Warranty, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR OWN RISK.  WE PROVIDE THIS WEBSITE, SERVICES, THEIR RESPECTIVE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.   NEITHER COOPERS NOR ANYONE ASSOCIATED WITH COOPERS REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, THEIR RESPECTIVE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS) WILL BE USEFUL, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, SERVICES OR THE SERVERS THAT MAKES THE WEBSITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ALSO, WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING PRODUCTS; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, SIZES, PRICES OR OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PHOTOS AND IMAGES APPEARING ON THE WEBSITE OR IN THE SERVICES FOR PRODUCTS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY VARY FROM THE ACTUAL PRODUCTS.


YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR SOLE RISK. IF YOU PURCHASE ANY PRODUCTS AND/OR DOWNLOAD ANY CONTENT FROM THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITE OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.

Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOPERS, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES), RESULTING FROM OR RELATING TO YOUR VIOLATION OF THE TERMS OF USE OR YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR SUBMISSIONS, ANY USE OF THE WEBSITE'S OR SERVICE'S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSS, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE OR OTHERWISE ATTEMPTS TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR SERVICES.


Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOPERS, ITS AFFILIATES, PROVIDERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE).

 

IT IS YOUR AND OUR EXPRESS INTENT THAT COOOPERS NOT BE LIABLE TO YOU FOR ANY MONETARY DAMAGES AND THAT YOUR SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE TERMINATION OF THE AGREEMENT.  HOWEVER, IF IT IS DETERMINED BY A COURT OF COMPETENT JURISDICTION THAT SUCH LIMITATIONS OF LIABILITY IS NOT LEGALLY ENFORCEABLE, IN NO EVENT SHALL COOPERS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF EITHER (1) $50.00 USD OR (2) THE TOTAL YOU PAID DIRECTLY TO COOPERS FOR THE PARTICULAR PRODUCTS GIVING RISE TO THE CLAIM.

Disputes.

Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND DELIVERY AND ORDERS POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING ANY PURCHASE OF PRODUCTS) WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:

 

a)      Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and

 

b)      Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse. 

 

You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, [Capital Services, Inc., 1675 S State St, STE B, Dover, DE 19901.  The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879).  The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.  Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.

 

You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Coopers within 60 days of the earlier of your first use of the Website or Services or your registration with the Website or Services.

 

By using the Website or Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Coopers.  The prevailing party in any judicial action to enforce this arbitration agreement shall be entitled to a judgment that includes all fees and costs incurred in such action.

Any cause of action or claim you may have arising out of or relating to the Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

For Products and other products and services offered on the Website or Services by third parties, the applicable license agreement or other customer agreements and disclosures may specify that the laws of another jurisdiction will govern your use of such third party products and services, and the terms of those disclosures and agreements will continue to apply.

Termination.


We reserve the right in our sole discretion to refuse service, terminate accounts, and/or cancel any purchases if we believe your use of the Website or Services violates the Terms of Use, including any policies incorporated herein by reference, the law or is otherwise harmful to the interests of Coopers. You hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to Coopers, for which there may be no adequate remedy at law, and that we will be entitled to equitable relief to compel You to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Website or Services.  Your breach of the Terms of Use will also entitle us to bring an action against you for any and all other remedies available at law or in equity. 

Entire Agreement.

You acknowledge and agree that the Terms of Use, which include our Privacy Policy and Delivery and Orders Policy, constitute the complete and exclusive agreement between you and Coopers concerning your use of the Website and Services, and supersede and govern all other prior or contemporaneous proposals, agreements, representations and warranties or other communications, both written and oral, with respect to the Website and Services. 


Relationship. 

Nothing contained in these Terms of Use will be construed as creating any relationship of agency, partnership, joint venture, employment, franchise or other form of joint enterprise between you and us.

Waiver. 

Our failure to require your performance of any provision of the Terms of Use will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself, now or in the future.

Assignability.

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

Severability. 

In the event that any provision of these terms and conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole.

If you have any questions regarding these Terms of Use, please contact us at:

Customer Care Team
Coopers USA, Inc.
3366 North Dodge Blvd

Tucson, Arizona 85716

1-800-852-4263

Email: customerservice@brewart.com

 

Application and Mobile Platform Providers.

 

WITH RESPECT TO ANY MOBILE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. ("APPLE") OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES. 

 

IN THE EVENT OF ANY FAILURE OF ANY MOBILE APPLICATION TO CONFORM TO ANY WARRANTIES SET FORTH HEREIN, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION. 

 

THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, (A) PRODUCT LIABILITY CLAIMS, (B) CLAIMS THAT THE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER ANY CONSUMER PROTECTION OF SIMILAR LEGISLATION, AND (D) CLAIMS THAT THE APPLICATION INFRINGES ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.

 

IF YOU USE ANY MOBILE APPLICATION OFFERED BY COOPERS, YOU HERETO AGREE AND ACKNOWLEDGE THAT APPLE IS A THIRD PARTY BENEFICIARY OF THESE TERMS OF USE, AND THAT, UPON YOUR ACCEPTANCE OF THESE TERMS OF USE, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THESE TERMS OF USE AGAINST YOU AS A THIRD PARTY BENEFICIARY HEREOF.

 

Fees and Payment Provisions.

 

The fees owed to Coopers for the Products are as set forth at the time of your order (collectively, the "Fees").  Unless set forth otherwise at the time of your order (such as for pre-approved dealers purchasing from a Website for dealers), the Fees are payable in advance, irrevocable and non-refundable except as set forth in these Terms of Use.  You will provide Coopers or its designated payment processing vendor with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Coopers. Coopers utilizes a third party payment processing vendor, BrainTree, which may require you to accept additional terms and conditions that apply to Your transactions with such vendor.  All credit card information that you provide while using our Website will be provided directly to BrainTree and not stored by or transmitted thru Coopers' computer systems.

 

You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.

 

Your payment information will not be utilized and shared by us with any third parties other than our payment service provider unless required by law, regulation or court order.

 

You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than taxes on Coopers' net income) arising from the transactions described in these Terms of Use, even if such amounts are not identified herein.  To the extent You are exempt from sales or other taxes, You agree to provide Coopers, upon request, with the appropriate exemption certificate.