Terms of Use
These Terms of Use (the “Terms”) are a legal agreement made by and between you, the user of our Services (“you”), and Cooper's Hawk Intermediate Holding, LLC and its Cooper’s Hawk Winery & Restaurants and affiliates, parents and subsidiaries (“Cooper’s Hawk”, “we”, “us” or “our”), with respect to any mobile applications, software applications, websites and/or other similar services which we own, operate or license (“Services”) and governs your access and use of the Services and any purchases made through the Services. By creating an account or otherwise accessing and/or using the Services, you agree that you have read and understood, and, as a condition of your use of the Services, you agree to be bound by these Terms. You further acknowledge that your use of the Services are subject to our Privacy Policy, and for detailed information about our personal information use practices and our use of cookies and related matters, please see our Privacy Policy.
We offer a range of Services, and sometimes additional terms may apply. When you join Cooper’s Hawk’s Wine Club, you also will be subject to the Wine Club Terms & Conditions. If these Terms are inconsistent with the Wine Club Terms & Conditions, the Wine Club Terms & Conditions will control. In addition, you acknowledge that by placing an order on or through the Services, your purchase may be subject to additional terms and conditions, which will become part this agreement, including without limitation that you must be 21 years of age or older to join the Wine Club or receive alcoholic beverages; and for any order including, or any other receipt of, any wines or other alcoholic beverages you certify under penalty of perjury that you and any other recipient of any alcoholic beverages in connection with any such order are at least 21 years old.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING ARBITRATION RATHER THAN A COURT PROCEEDING.
These Terms may be amended or modified by us at any time, with or without notice, by posting the revised version or otherwise communicating it to you through the Services. Your continued use of any part of the Services constitutes acceptance to any such updated version. It is therefore essential that you consult these Terms at the time of accessing the Services, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Services or reviewed these Terms. Please refer to the “Effective” or “Last Updated” date at the beginning of this document when reviewing these Terms for updates.
1. Your Permitted Uses
The Services are private property of Cooper’s Hawk. Subject to the terms and conditions of these Terms, Cooper’s Hawk grants you the non-transferable, nonexclusive, revocable, limited license to access and use the Services without any right to re-license, sublicense, distribute, assign or transfer such rights. Cooper’s Hawk reserves all rights not expressly granted in these Terms. Your uses of the Services must be lawful and must comply with these Terms. To the extent your conduct (as judged by us in our sole discretion) violates these Terms, we may limit your privileges on the Services and seek other remedies, which include, but are not limited to, terminating your User Account and use of the Services. As a condition of your use of the Services, you agree that:
You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to our Services;
You will not reverse engineer, decompile or modify Services, in whole or in part, or otherwise use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services;
You will not tamper or interfere with the proper functioning of the Services or any part, page or area of the Services, including any manner that could damage, disable, overburden or impair the Services, or attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device;
You will not attempt to scan or test the security or configuration of the Services or to breach security or authentication measures;
You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Services;
You will not submit any inaccurate or defamatory information, any information that violates any rights of any third party, or commit any fraud or falsify any information in connection with your use of the Services; and you expressly permit Cooper’s Hawk to delete, at its discretion, any content/communications/materials posted using or provided through the Site;
You will maintain sufficient funds in your financial account to cover the amount of your purchases through our Services;
You will not aggregate any content or other information from the Services (whether using links or other technical means or physical records) with material from other sites or on a secondary site without our express written permission;
You will not violate the copyright, trademark, service mark or other intellectual property rights of Cooper’s Hawk or any third party in connection with your use of the Services; and
You will not, intentionally or unintentionally, violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law, while you are using or accessing the Services or in connection with or resulting from any use thereof.
If you violate any of these Terms, we may terminate your access to the Services. If you commit fraud or falsify information in connection with your use of the Services, we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
2. Availability of the Services
You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. Cooper’s Hawk reserves the right to terminate your User Account and/or to prevent you from using or accessing the Services at any time, for any reason and at Cooper’s Hawk’s sole discretion. Cooper’s Hawk retains the right to determine the content, appearance, design, functionality and all other aspects of the Services. We shall not be liable to you or any third party should we exercise this right.
3. Accuracy, Completeness and Timeliness of Information
Although we strive for accuracy in all elements of the Services, it may contain errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Services is inaccurate at any time without prior notice. A product appearing on the Services does not guarantee that product’s stock or availability. Any prices appearing on the Services may be changed, without prior notice, at our discretion, and may not be applicable at all locations at all time. In some cases, we may have to cancel a placed order when we determine a product or pricing is no longer available. Although we make reasonable efforts to prevent tampering with the Services, we do not guarantee that our efforts will always be successful. Cooper’s Hawk is not responsible for your reliance on any information or content found on the Services, and Cooper’s Hawk makes no representations about the accuracy, reliability, completeness, or timeliness of the Services or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Services, including any person’s violation of these Terms. We use reasonable efforts to display as accurately as possible the colors, designs, textures and images of our products. However, the detail and accuracy of the image of products that you see as a visitor to the Services will depend on a number of things, including your computer equipment and Internet connection. Thus, Cooper’s Hawk cannot and does not guarantee that the product images or specifications available to you on the Services are accurate in every detail.
4. User Account
In order to access certain features of and utilize the Services, you must create an account (“User Account”). You must complete the registration process by providing us with current, complete and accurate information as prompted in the applicable registration form, and you must keep that information current. To create a User Account, you must be a legal resident of the United States and at least 18 years of age to view or access our Services.
You must safeguard your password and otherwise supervise the use of your User Account. You understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Cooper’s Hawk immediately of any unauthorized use of your User Account. Your User Account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.
If you violate any of these Terms, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Services or in or under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
5. Products and Pricing
Except as otherwise set forth herein, Cooper’s Hawk reserves the right to change its prices at any time without any advance notice to you. All price quotations are exclusive of sales, use, excise or similar taxes, and are subject to change without notice. The price charged for an order will be the price in effect at the time the order is placed and for the location to which the order relates, and will be set forth in your order confirmation e-mail or similar confirmation. Posted prices also may not include taxes, shipping and handling fees. All such taxes and fees will be added to your order total, as applicable, and will be itemized in your shopping cart and in your order confirmation e-mail. Shipping costs will vary by state and location and may be changed by Cooper’s Hawk from time to time. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations. Sales tax may also vary and Cooper’s Hawk collects sales tax as required by various local and state taxing authorities.
Cooper’s Hawk is not responsible for pricing, typographical, or other errors in any offer by Cooper’s Hawk, and Cooper’s Hawk reserves the right to correct errors in specifications or prices or because of incomplete or inaccurate information from you, and may cancel any orders arising from such errors or inaccuracies.
6. Payment
All payments are due at time of order placement. By entering your payment information and placing an order, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You represent and warrant that (i) the credit card information you supply to Cooper’s Hawk is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay and authorize charges incurred by you and/or originating from your User Account at the posted prices, including all applicable taxes, if any. If you fail to fulfill these terms of payment, Cooper’s Hawk may defer or suspend shipments to you or fulfillment of an order, or, at Cooper’s Hawk’s option, cancel the order.
7. Shipment and Delivery.
If shipping is available from Cooper’s Hawk and specified by you, shipping dates are estimates only based upon conditions existing at time of order and information furnished by you; and Cooper’s Hawk shall not be responsible for any failures to deliver on such date. You will pay all shipping and handling charges specified in your order at the time the order is placed.
8. Force Majeure
In the event of any circumstances outside of the control of Cooper’s Hawk and which prevent, hinder or delay Cooper’s Hawk from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations, an inability to obtain supply and materials or means of shipping, failure of Internet connections, telecommunication or digital transmissions or equipment links, or Internet slow-down, Cooper’s Hawk’s obligations will be suspended for the term of such event, and Cooper’s Hawk may elect to cancel an affected order or stop providing or supporting any Service.
9. Third Party Links and Sites
Links to third party websites or platforms through the Services are provided solely as a convenience to you. Cooper’s Hawk is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such third party content and we make no warranty as to the accuracy of any such information. Cooper’s Hawk does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Cooper’s Hawk does not endorse or make any representations about third party websites, platforms or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.
We may display advertisements and promotions from, or refer you to, third parties on the Services. Your business dealings or correspondence with such third parties are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such third-party information on or through the Services.
10. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND PURCHASES OF PRODUCT ARE AT YOUR SOLE RISK. NEITHER COOPER’S HAWK NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO: (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES OFFERED THROUGH THE SERVICES OR (D) THE SERVICES BEING FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SERVICES AND PRODUCT SOLD ON OR THROUGH THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COOPER’S HAWK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SERVICES AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOPER’S HAWK OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, PURCHASES OF ANY PRODUCT THROUGH THE SERVICES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS, ANY FAILURE OF TELECOMMUNICATION PROVIDERS, LOSS OF DATA OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF COOPER’S HAWK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COOPER’S HAWK AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR PRODUCT DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT COOPER’S HAWK WOULD NOT PROVIDE ACCESS TO THE SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Indemnity
You agree to indemnify, defend and hold us (including our employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, demands, action, suits, investigation, audit, inquiry or other proceeding brought by a third party, and associated costs, losses, damages, liability, penalties, interest and expenses (including attorneys’ fees) that arises out of or relates to your actual or alleged violation of these Terms or other improper use of the Services or your User Account. Provided, however, the Cooper’s Hawk maintains the right to assume and control the defense of any claim, at its discretion, with all costs and expenses to be paid by you.
13. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures
If you believe that any material has been posted via the Services in a way that constitutes copyright infringement, you shall provide Cooper’s Hawk with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Services and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Cooper’s Hawk DMCA Agent for notice of claims of copyright infringement is:
Copyright Manager – Marketing Department
Cooper’s Hawk Winery & Restaurants
3500 Lacey Road, Suite 1000
Downers Grove, IL 60515
Phone: (708) 215-5674
Email: [email protected]
14. Severability
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severed from the remainder of these Terms, and all other provisions shall remain in full force and effect.
15. Governing Law
These Terms and use of the Services are governed by the laws of the State of Illinois without regard to conflict of law principles. You submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Illinois for resolution of any lawsuit or court proceeding permitted under these Terms. We control and operate the Services from our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations outside of the United States of America. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.
16. Dispute Resolution and Agreement to Arbitrate and Class Waiver
Any action, dispute, claim or controversy of any kind, whether in contract or tort, statutory or common law, legal or equitable, or under any law, between you and the Cooper’s Hawk (the “Parties”) now existing or hereafter arising under or in connection with, or in any way pertaining to, your use of the Services or these Terms (“Dispute”) will be resolved expeditiously in accordance with the procedures outlined below. The Parties do not intend for the procedures outlined below to supplant the routine handling of inquiries and complaints through informal contact with customer service representatives or other designated personnel of Cooper’s Hawk.
YOU UNDERSTAND AND AGREE THAT BY THESE TERMS, EXCEPT AS PROHIBITED BY LAW, YOU AND COOPER’S HAWK EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION EITHER AS A MEMBER OF A CLASS OR AS A CLASS REPRESENTATIVE. ANY ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS.
a) Pre-Arbitration. The complaining party or the complaining party’s representative will notify the other party’s representative in writing of the Dispute (the “Notice”), and the non-complaining party will confer with the complaining party and exercise good faith efforts to resolve the matter as expeditiously as possible. Cooper’s Hawk’s address for the Notice is:
Member & Guest Services,
Cooper's Hawk Winery & Restaurants
3500 Lacey Road, Suite 1000
Downers Grove, IL 60515.
In the event that such matter remains unresolved thirty (30) days after the delivery of the complaining party's written notice, the complaining party may pursue the Dispute in arbitration as set forth herein, and except as otherwise provided below.
b) Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to pursue enforcement actions or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (including without limitation patents, copyrights, moral rights, trademarks, and trade secrets), and either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
c) Governing Rules. Arbitration proceedings will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. If there is any inconsistency between the terms herein and any such rules, the terms herein will control. The arbitration will be conducted at a mutually-agreed upon location in the jurisdiction whose Law govern the Terms (“Arbitration Location”), or as selected by the AAA or other administrator if no agreement can be reached; and the parties hereby waive any claim of forum non convenience. All statutes of limitation applicable to any Dispute will apply to any arbitration proceeding. All discovery activities will be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in an arbitration may be entered in any court having jurisdiction. All arbitration proceedings between Parties will be confidential unless otherwise agreed by the parties in writing.
d) Arbitrator Powers; Awards. Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: (a) will resolve all Disputes in accordance with the substantive law of the State of Illinois, (b) may grant any remedy or relief that a court could order or grant and such ancillary relief as is necessary to make effective any such award, and (c) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Illinois Code of Civil Procedure. The arbitrators have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement, to include the threshold question of arbitrability.
e) Miscellaneous. To the maximum extent practicable, the arbitrators and the Parties will take all action required to conclude any arbitration proceeding within one hundred and eighty (180) days of the filing of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business, by applicable law, or to the extent necessary to exercise judicial review rights as set forth herein. This arbitration provision will survive termination, amendment or expiration of the Terms or any relationship between the parties.
f) Fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cooper’s Hawk will pay the additional cost. If the arbitrators find the arbitration to be non-frivolous, Cooper’s Hawk will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees, unless the arbitration rules and/or applicable law provide otherwise. If the arbitrators find that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Cooper’s Hawk for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrators must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrators may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
g) Modifications. If Cooper’s Hawk makes any future change to this arbitration provision, other than a change to its address for the Notice, you may reject the change by sending us written notice within 30 days of the change to the Notice, in which case, if you have a User Account your account will be immediately terminated, and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
17. Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) you and Cooper’s Hawk acknowledge that these Terms are concluded between you and Cooper’s Hawk only, not an App Distributor, and the license granted to you for Cooper’s Hawk mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, and the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you acknowledge and agree that Cooper’s Hawk, and not an App Distributor, is responsible for addressing any claims you or any third party may have in relation to the mobile application; (5) you acknowledge and agree that, in the event of any third party claim that the Cooper’s Hawk mobile application infringes a third party’s intellectual property rights, the App Developer will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (6) you represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (7) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (8) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these Terms against you as a third-party beneficiary thereof.
18. Waiver
Failure or delay by Cooper’s Hawk to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Cooper’s Hawk of any provision shall be deemed to have been made unless made in writing.
19. Contact Information
To contact Cooper’s Hawk about these Terms, please use our Contact Form or email us at [email protected].