BLINKING OWL DISTILLERY
This privacy notice discloses the privacy practices for The Blinking Owl Distillery and our website: https://blinkingowldistillery.com. This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:
•What information we collect;
•With whom it is shared;
•How it can be corrected;
•How it is secured;
•How policy changes will be communicated; and
•How to address concerns over misuse of personal data.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to make a tour reservation.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:
•See what data we have about you, if any.
•Change/correct any data we have about you.
•Have us delete any data we have about you.
•Express any concern you have about our use of your data
In order to use this website, a user must first confirm that he or she is over the age of 21 years. If you want to register to reserve a tour, you will be required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our reservation form. To make a reservation, you must provide contact information (including name, address, telephone number, birthdate (to verify age) and email) and financial information (like credit card number, expiration date). This information is used for billing purposes and to confirm your reservation. If we have trouble processing an order, we’ll use this information to contact you.
Please email cancellation requests to email@example.com. You must provide 7 days notice in order to reschedule you tour time. Tour times are subject to availability. Tours are non-refundable and can not be used toward tasting room credit of any kind.
Tour reservations are non refundable. You must check in 15 minutes prior to your time or your spot may be forfeited.
We’ll refund products that are still in new condition with tags. We are flexible with timeframe within reason, we’re talking 2-3 weeks, 4 weeks means your really liking the product or or your just being lazy. If the product is something we no longer carry, it will not be refunded.
Sale items won’t be refunded. In most cases it is a product we no longer carry. However, if you need to exchange it for a different size and we still have it in stock, we’d be happy to exchange it.
Exchanges accepted under similar circumstances as refunds.
We do not ship Alcohol as we are not legally allowed to do so. If alcohol is purchased it must be picked up at the distillery tasting room.
Orders will be shipped within 3-4 business days of purchases made before noon, pending information verification and credit card approval. Most orders are filled within one business day. Orders over the weekend typically ship out the following Monday. If an order is needed more urgently, please contact us via email, firstname.lastname@example.org or by phone 714-852-3947.
If orders are refused upon delivery or are returned to us for whatever reason, the purchase will be refunded the price and tax but the shipping charges are non-refundable.
At the moment, we don’t do international orders. If you would like to place an order outside of the US, please contact us and we can try to make arrangements.
Please contact us with any questions or concerns and we’ll do our best to figure it out.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This web site contains or may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
From time-to-time our site requests information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Notification of Changes
Whenever material changes are made to the privacy notice specify how you will notify consumers.
Other Provisions as Required by Law
Numerous other provisions and/or practices may be required as a result of laws, international treaties, or industry practices. It is up to you to determine what additional practices must be followed and/or what additional disclosures are required. Please take special notice of the California Online Privacy Protection Act (CalOPPA), which is frequently amended and now includes a disclosure requirement for “Do Not Track” signals.
This policy was last modified on September 6, 2016.
Terms and Conditions
In this Agreement, “Blinking Owl Distillery” and “we” mean The Blinking Owl Distillery, LLC, and “User” and “you” mean any user of the Services. This Agreement incorporates Blinking Owl Distillery’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Blinking Owl Distillery Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Blinking Owl Distillery may update or revise this Agreement (including any Blinking Owl Distillery Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Blinking Owl Distillery, any use of the Services (e.g., the use of the Reservation Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
Part I – Reservation Services
1. Reservations. Blinking Owl Distillery provides the Reservation Services to User for the purpose of assisting User in securing reservations at the Blinking Owl Distillery (“Distillery”). In response to a User’s online request for a Distillery reservation through the Blinking Owl Distillery Site or Blinking Owl Distillery Application, Blinking Owl Distillery will determine the availability of the requested reservation time determined at the time of User’s query. Once a reservation is made by User through the Blinking Owl Distillery Site or Blinking Owl Distillery Application, Blinking Owl Distillery will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services. In order to redeem a gift certificate for payment of a distillery tour, please contact email@example.com or call 714-852-3947.
3. Usage Guidelines. User agrees to use the Reservation Services only to book reservations at the Distillery and then honor those reservations by arriving at the Distillery on time. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
4. Payment and Debit and Credit Card Information. You agree to pay the listed purchase price of any Services, including any shipping and handling fees, if applicable, that you purchase through the Blinking Owl Distillery Site and Blinking Owl Distillery Application (including, without limitation, through an SMS or web browser command originating from your Account). You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by applicable law, you agree that all purchases made by you through the Blinking Owl Distillery Site or Blinking Owl Distillery Application cannot be returned or exchanged and are non-refundable, except as expressly provided in this Agreement.
Part III– Terms for All Services
6. Your Account. You may (but are not required to) create an account with Blinking Owl Distillery through the Blinking Owl Distillery Site or Blinking Owl Distillery Application (“Account”) in order to use the Reservation Services. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Blinking Owl Distillery registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Blinking Owl Distillery of any unauthorized use of your Account or any other breach of security related to your use of the Services.
9. Modifications to Services. Blinking Owl Distillery reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Blinking Owl Distillery Site or Blinking Owl Distillery Application. Blinking Owl Distillery shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
10. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Blinking Owl Distillery Content”) are provided to User by Blinking Owl Distillery or its partners or licensors solely to support User’s permitted use of the Services. The Blinking Owl Distillery Content may be modified from time to time by Blinking Owl Distillery in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Blinking Owl Distillery Content by User shall constitute a material breach of this Agreement. Blinking Owl Distillery and its partners or licensors retain all rights in the Services and Blinking Owl Distillery Content and any associated trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Blinking Owl Distillery or any third party is granted under this Agreement.
11. Application License. Subject to the terms and conditions of this Agreement, Blinking Owl Distillery grants User a non-exclusive, non-transferable, revocable license to use the Blinking Owl Distillery Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
12. Use Restrictions. The Services and Blinking Owl Distillery Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Blinking Owl Distillery expressly reserves all its rights and remedies under applicable state and federal laws. Blinking Owl Distillery reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Blinking Owl Distillery Content, except as expressly authorized by Blinking Owl Distillery; (2) take any action that imposes or may impose (in Blinking Owl Distillery’s sole determination) an unreasonable or a disproportionately large load on the Services or Blinking Owl Distillery’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Blinking Owl Distillery Content to a third party; (5) use any portion of the Services or Blinking Owl Distillery Content to provide, or incorporate any portion of the Services or Blinking Owl Distillery Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Blinking Owl Distillery); (7) modify any Services or Blinking Owl Distillery Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Blinking Owl Distillery Content; (9) use the Services or Blinking Owl Distillery Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Blinking Owl Distillery Content or access or use the Services or Blinking Owl Distillery Content for competitive analysis or benchmarking purposes.
13. Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Blinking Owl Distillery Application with only those rights set forth therein.
14. Export Control. You may not use, export, or re-export any Blinking Owl Distillery Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Termination. Blinking Owl Distillery may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Blinking Owl Distillery may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Blinking Owl Distillery Policies) or, with respect to purchasers of Blinking Owl Distillery Gift Cards and Users of the Payment Services, if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Blinking Owl Distillery shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Blinking Owl Distillery will have no liability whatsoever.
16. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. Your User Content should be unbiased and objective. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Blinking Owl Distillery reserves the right (but has no obligation) to monitor, remove, or edit User Content in Blinking Owl Distillery’s sole discretion, including if User Content violates this Agreement (including any Blinking Owl Distillery Policies), but you acknowledge that Blinking Owl Distillery may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Blinking Owl Distillery a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Blinking Owl Distillery takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
17. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Blinking Owl Distillery and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Blinking Owl Distillery’s request) defend Blinking Owl Distillery, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Blinking Owl Distillery Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
18. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO BLINKING OWL DISTILLERY GIFT CARDS, IN NO EVENT SHALL THE BLINKING OWL DISTILLERY PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE BLINKING OWL DISTILLERY CONTENT, OR THE USER CONTENT, OR (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE BLINKING OWL DISTILLERY SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE BLINKING OWL DISTILLERY CONTENT.
You and Blinking Owl Distillery understand and agree that the disclaimers, exclusions, and limitations in this Section 21 and in Section 22 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Blinking Owl Distillery would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
19. Disclaimer of Warranties. THE SERVICES, ALL BLINKING OWL DISTILLERY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. BLINKING OWL DISTILLERY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BLINKING OWL DISTILLERY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT BLINKING OWL DISTILLERY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. BLINKING OWL DISTILLERY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BLINKING OWL DISTILLERY.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Blinking Owl Distillery. Such hypertext links are provided for User’s reference only, and Blinking Owl Distillery does not control such websites and is not responsible for their content. Blinking Owl Distillery’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Blinking Owl Distillery assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
21. Release. You release the Blinking Owl Distillery, LLC, it members, mangers, agents and employees from any and claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you or your guests as a result of your (or such guest’s) interaction with or visit to the Blinking Owl Distillery or from any product from the Blinking Owl Distillery. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 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.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Blinking Owl Distillery Parties pertaining to the subject matter of this Section 36.
22. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Blinking Owl Distillery, Inc.
802 E. Washington
Santa Ana, CA 92701
Again, we cannot take action unless you give us all the required information.
23. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
24. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Blinking Owl Distillery.
25. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
26. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Blinking Owl Distillery Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Blinking Owl Distillery must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR BLINKING OWL DISTILLERY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Blinking Owl Distillery will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Blinking Owl Distillery also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Blinking Owl Distillery may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Orange County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Orange County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Orange County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Blinking Owl Distillery shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Orange County, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
27. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
California Residents Only. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Blinking Owl Distillery, c/o Brian Christenson, 802 E. Washington, Santa Ana, CA 92701, or by calling us at (714) 852-3947. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
REVISION DATE: September 6, 2016