HAZEL’S OFFERS THE SITE TO YOU CONDITIONED UPON YOUR ACCEPTANCE (WITHOUT MODIFICATION) OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (SEE SECTIONS 6 AND 7) AND AN EXCLUSIVE REMEDY (SEE SECTION 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
2. You represent that you are at least 21 years of age and that all persons ordering or receiving a delivery of alcohol from Hazel’s are at least 21. Persons under the age of 21 are not permitted to use the Site nor any of the services operated or provided by Hazel’s. You agree not to use the Site, whether directly or indirectly, in any way that is unlawful. As required by the Communications Decency Act of 1996, Hazel’s hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Hazel’s does not sponsor or endorse any of these companies or their services.
3. Hazel’s reserves the right to modify the terms, conditions, and notices under which it offers the Site, without notice. Your continued use of the Site after any such changes constitutes your agreement to such changes. Hazel’s further reserves the right to change prices and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding offer to sell products on such terms.
4. All content, including without limitation, graphics, logos, text, images and other features, appearing on the Site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by Hazel’s or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of Hazel’s, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.
5. As the user of this Site, you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on this Site without the prior written permission of Hazel’s. This prohibition includes, without limitation, the publication of any part of this content on any other web site, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this Site should be directed to Hazel’s.
6. THIS SITE IS PROVIDED BY HAZEL’S ON AN “AS IS” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SITE OR ANY CONTENT CONTAINED THEREON IS AT YOUR OWN RISK. HAZEL’S IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS, OMISSIONS OR TYPOGRAPHICAL ERRORS ON THE SITE. HAZEL’S, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. HAZEL’S DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
7. HAZEL’S WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF HAZEL’S OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
8. IN NO EVENT SHALL HAZEL’S’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER HAZEL’S SITE.
9. This Site contains links to additional resources. Hazel’s does not have any control over, and, therefore, is not responsible for, the content or availability of these other resources.
11. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of laws rules. You agree to submit to the jurisdiction of the Colorado state courts located in Boulder County, Colorado or the Federal courts located in Denver, Colorado for the resolution of all disputes arising from or related to this User Agreement or your use of the Site.
(Updated October, 2020)