Terms of Use

These Website Terms of Use (these "Terms") govern your access to and use of the websites and related services operated by or on behalf of Familiar Ventures, LLC, a limited liability company doing business as The Leopard Mark Beverage Group ("Leopard Mark," "we," "us," or "our"), including theleopardmark.com, sunlightgroove.com, cantinesca.com, and any related pages, content, and services we operate (collectively, the "Sites"). These Terms are important and affect your legal rights, so please read them carefully.

By accessing or using any of the Sites, you agree to be bound by these Terms and all terms incorporated herein by reference, including our Privacy Policy and our Returns & Refunds Policy. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Sites.

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. EXCEPT AS PROVIDED IN SECTION 16 (INCLUDING ITS OPT-OUT RIGHT), YOU AND LEOPARD MARK AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

By accepting these Terms, you represent that you have the legal authority to do so. If you accept these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

The Sites are intended solely for individuals who are 21 years of age or older, or of legal drinking age in the jurisdiction from which they access the Sites, whichever is greater. You must be of legal drinking age to access or use the Sites, including any advertising or marketing content, and to purchase or consume any Leopard Mark alcoholic beverage product or participate in any of our promotions or offers. By accessing or using the Sites, you represent and warrant that you are at least 21 years of age. If you are under the legal drinking age, you are not permitted to access or use the Sites and must leave immediately.

We may revise these Terms at any time, for any reason, by posting the revised Terms on this page. You can determine when we last updated these Terms by referring to the "Last Updated" legend above. For material changes, we will provide reasonable advance notice by posting a notice on the Sites or, where we have your email address, by email, and we will ask you to affirmatively accept the revised Terms at your next purchase or signup. Except to the extent your express consent is required under applicable law, your continued access to or use of the Sites after the effective date of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to any revised Terms, you must stop using the Sites. We recommend that you periodically visit this page to review these Terms.

Unless otherwise indicated in writing by us, the Sites and all content and materials contained therein — including, without limitation, all designs, text, graphics, photographs, illustrations, labels, logos, trade dress, audio, video, data, software files, and the selection and arrangement thereof (collectively, "Content") — are the property of Leopard Mark or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Subject to these Terms, you are granted a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access and view the Sites and Content for your personal, non-commercial use only. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Sites or Content under these Terms.

You shall not, directly or indirectly: (a) sell, resell, or make commercial use of the Sites or Content; (b) distribute, publicly perform, or publicly display any Content; (c) modify or make derivative uses of the Sites or Content; (d) use any data mining, scraping, robots, or similar data-gathering or extraction methods, including for the training of artificial intelligence models; (e) download any portion of the Sites or Content other than page caching, except as expressly permitted by us; (f) interfere with the operation of the Sites or the servers or networks used in connection with the Sites; or (g) use the Sites or Content other than for their intended purposes. Any unauthorized use terminates the right of access granted herein and may violate applicable law.

You will not remove, alter, or conceal any copyright, trademark, or other proprietary rights notice incorporated in or accompanying any Content.

We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Sites (or any feature or part thereof) at any time, temporarily or permanently, without notice or liability.

THE LEOPARD MARK BREWING CO., THE LEOPARD MARK BEVERAGE GROUP, CANTINESCA, SUNLIGHT GROOVE, GIRO SPLENDIDIO, and CALI COPPER LAGER, together with all associated logos, labels, trade dress, and any other Leopard Mark product or service names or slogans that appear on the Sites (collectively, the "Marks"), are trademarks of Familiar Ventures, LLC or its licensors, whether or not registered. The Marks may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained on the Sites or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark. We will enforce our intellectual property rights to the fullest extent of the law.

Our online merchandise store (the "Store") is hosted and operated on the Shopify platform. When you place an order through the Store, your checkout and payment are processed by Shopify and its payment processors; we do not receive or store your full payment card number. Your use of the Store is also subject to any terms and policies presented at checkout.

We reserve the right to refuse or limit service, terminate accounts, or cancel or limit orders, as to any person, in our sole discretion, to the extent permitted by law. All orders are offers to purchase and are subject to acceptance by us. We reserve the right, in our sole discretion, to accept, refuse, limit, or cancel any order, in whole or in part, at any time and for any reason, including suspected fraud, suspected resale, pricing or description errors, or product unavailability. If we cancel an order after you have been charged, our sole obligation is to refund the amount charged for the cancelled portion of the order. Prices, product descriptions, and availability are subject to change at any time without notice. In the event of a pricing or typographical error, we may cancel the affected order even if it has been confirmed and your payment method charged.

Title to and risk of loss for merchandise pass to you upon our delivery of the merchandise to the shipping carrier. All sales are subject to our Returns & Refunds Policy, which is incorporated into these Terms by reference.

The Store sells merchandise only. Alcoholic beverage products are not sold through the Sites. Any promotion, discount, or special offer we make available is subject to its own terms and may be modified or withdrawn by us at any time in our sole discretion.

If we offer gift cards or electronic gift codes, they do not expire and are not subject to dormancy, inactivity, or service fees. Where required by applicable law (including for California residents), a gift card with a remaining balance below the statutory threshold may be redeemed for cash upon request. Gift cards are not redeemable for cash except where required by law and may not be used to purchase alcoholic beverage products.

If you subscribe to our email list, you consent to receive marketing and promotional emails from Leopard Mark, including newsletters, special offers, and other news we think will be of interest to you. This consent is not a condition of any purchase. You may opt out at any time by following the unsubscribe instructions in any marketing email. If you contact us or provide your email address in connection with an order or inquiry, you also consent to receive transactional and administrative communications from us electronically, and you agree that such electronic communications satisfy any legal requirement that communications be in writing.

We do not solicit and do not wish to receive any confidential or proprietary information or creative materials from you through the Sites. Any questions, comments, suggestions, ideas, artwork, proposals, or other information or materials you submit to us through the Sites, by email, or through our pages or feeds on third-party social media platforms (collectively, "Submissions") will be treated as non-confidential and non-proprietary. By providing any Submission, you grant Leopard Mark a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submission, in whole or in part, in any media and for any purpose, commercial or otherwise, without acknowledgment or compensation to you. We have no obligation to use any Submission, and you have no right to compel any such use. To the extent permitted by law, you also grant us the right to use the name, username, social media handle, voice, image, and likeness you provide in connection with any Submission, and you waive any right to inspect or approve our use of a Submission and any claim to compensation, credit, or moral rights in connection with such use. We will handle any personal information contained in a Submission in accordance with our Privacy Policy.

You agree that you will not transmit to or through the Sites any material that is unlawful, harmful, threatening, defamatory, obscene, harassing, infringing, or otherwise objectionable; that you do not have the right to transmit; that constitutes unsolicited advertising or spam; or that contains any virus or other harmful code.

The Sites may contain links to, or content and functionality provided by, third-party websites and services — including, without limitation, the Shopify Store checkout, mapping and product-locator services, social media platforms, and email service providers. Such links and integrations are provided solely for your convenience. We do not control, endorse, or assume any responsibility for any third-party website, service, content, product, or practice, including any third party's privacy practices. Your use of any third-party website or service is at your own risk and subject to that third party's terms and policies.

You may not link any other website to the Sites without our prior written permission. We will only consider authorizing links from websites whose actual audience is substantially composed of individuals of legal drinking age.

We may from time to time post information about employment opportunities on the Sites and accept expressions of interest or application materials. Submitting materials creates no obligation on our part to respond, interview, or hire, and does not create any employment relationship or promise of employment. Any employment with Leopard Mark would be at-will unless otherwise stated in a written agreement signed by us. Application materials are handled in accordance with our Privacy Policy.

Our Privacy Policy describes how we collect, use, and share the personal information you provide to us when you use the Sites. By using the Sites, you acknowledge our Privacy Policy.

THE SITES AND ALL CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEOPARD MARK MAKES NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) ANY CONTENT; OR (C) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SITES. LEOPARD MARK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

LEOPARD MARK DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM HARMFUL COMPONENTS. LEOPARD MARK DOES NOT WARRANT THAT THE INFORMATION ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL, OR THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO YOU AND THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEOPARD MARK, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, INCOME, PROFITS, USE, OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES, THE ORDER, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF LEOPARD MARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LEOPARD MARK ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES, ANY PRODUCT, OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS PARAGRAPH DOES NOT APPLY TO CLAIMS FOR WHICH A LONGER PERIOD CANNOT LAWFULLY BE SHORTENED BY AGREEMENT.

You shall indemnify, hold harmless, and, at our option, defend Leopard Mark and its affiliates, members, managers, officers, employees, and agents from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys' fees) incurred by us resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the Sites, any Submission you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another. We shall have control of the defense or settlement of any such claim unless we exercise our option to require you to defend us. You shall not settle any such matter without our prior written consent.

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Sites at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

Please read this Section carefully — it affects your legal rights, including your right to file a lawsuit in court.

(a) Informal resolution first. Before either party may commence an arbitration or court proceeding, the party asserting a dispute shall first send the other a written notice describing the dispute and the requested relief (to us: by email to info@theleopardmark.com with the subject line "Dispute Notice," or by mail to the address in Section 21; to you: at the email or postal address in our records). The parties shall attempt in good faith to resolve the dispute informally for sixty (60) days after the notice is received. Completion of this process is a condition precedent to initiating any arbitration or court proceeding, and any applicable statute of limitations is tolled during it.

(b) Agreement to arbitrate. Except as provided in subsections (c) and (f), you and Leopard Mark agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, the Store, or any product or service we provide — whether based in contract, tort, statute, fraud, or any other legal theory, and whether arising before or after these Terms — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration shall be conducted in the English language and, unless the parties agree otherwise, shall take place in Napa County, California, or, at your election, in the county where you reside or remotely by videoconference or on written submissions. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules; if your claim is for less than $10,000 and you are unable to pay the required filing fee, we will pay it for you upon written request. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that a court shall decide any dispute regarding the enforceability of the class action waiver in subsection (d) or the mass-arbitration procedures in subsection (e).

(c) Small claims carve-out. Either party may bring an individual claim in small claims court in Napa County, California, or the county where you reside, if the claim qualifies for that court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

(d) Class action waiver. YOU AND LEOPARD MARK EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CLASS-WIDE ARBITRATION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, and may not consolidate more than one person's claims. If the class action waiver in this subsection is found unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from arbitration and may be brought in court consistent with Section 17, and the remainder of this Section 16 shall continue to apply.

(e) Mass-arbitration procedures. If twenty-five (25) or more demands for arbitration are filed against Leopard Mark by or with the assistance of the same law firm, group of law firms, or coordinated organizations, raising similar claims, the parties agree that: (i) the AAA shall administer the demands in batches of up to twenty-five (25), with a single arbitrator and a single set of administrative and arbitrator fees per batch; (ii) an initial set of bellwether proceedings, selected equally by each side, shall be resolved first, followed by a mandatory global mediation of the remaining demands; and (iii) the informal-resolution requirement of subsection (a), including individualized notice signed by each claimant, applies to every demand. Filing or administrative fees for demands that do not comply with this subsection shall not accrue against either party until compliance is achieved.

(f) 30-day right to opt out. You may opt out of this arbitration agreement and class action waiver by sending written notice to info@theleopardmark.com with the subject line "Arbitration Opt-Out" — stating your name, address, and a clear statement that you wish to opt out — within thirty (30) days of the date you first accept these Terms. Opting out of arbitration does not affect any other provision of these Terms.

(g) Public injunctive relief. Nothing in this Section 16 waives any non-waivable right to seek public injunctive relief under California law. If any party asserts a claim for public injunctive relief that cannot lawfully be arbitrated or waived, that request for relief (and only that request) shall be decided by a court of competent jurisdiction consistent with Section 17 after arbitration of all arbitrable claims and issues is complete, and shall be stayed until then; all other claims and requests for relief remain subject to arbitration under this Section.

(h) Frivolous claims. If the arbitrator finds that a claim, defense, or demand was filed for an improper purpose, or was frivolous within the meaning of Federal Rule of Civil Procedure 11(b), the arbitrator may award the other party its reasonable attorneys' fees and costs incurred in responding, to the extent permitted by applicable law and the AAA rules.

(i) Survival. This Section 16 survives any termination of these Terms or of your use of the Sites.

Leopard Mark operates the Sites from the State of California, U.S.A. These Terms, and any dispute arising out of or related to the Sites or these Terms, shall be governed by the laws of the State of California and applicable U.S. federal law (including the Federal Arbitration Act with respect to Section 16), including California's statutes of limitations, without reference to conflict or choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. For any dispute not subject to arbitration under Section 16 (including any claim severed under Section 16(d) and any proceeding to compel arbitration or confirm an award), the sole and exclusive jurisdiction and venue shall be the state courts located in Napa County, California, or the federal courts of the district embracing Napa County, California, and the parties waive any objection or defense based upon venue or forum non conveniens with respect to such courts. The Sites are intended for users in the United States, and we make no representation that Content is appropriate or available for use outside the United States.

If you believe in good faith that any content on the Sites infringes your copyright, please provide us the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Sites; (d) your address, telephone number, and email address; (e) a statement of your good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Notices may be sent to:

Familiar Ventures, LLC dba The Leopard Mark Beverage Group
ATTN: Copyright Notices
1300 First Street, Suite 368
Napa, CA 94559, USA
Email: info@theleopardmark.com

All notices, demands, or consents given by you under these Terms must be in writing and will be deemed given when delivered to us at info@theleopardmark.com or at the mailing address above. Any notices to you may be made via email, postal mail to an address in our records, or posting on the Sites. Persons with disabilities who need assistance accessing these Terms may contact us as provided in this Section, and we will grant reasonable requests to furnish these Terms in an alternative format.

These Terms, together with the Privacy Policy and Returns & Refunds Policy, constitute the entire agreement between you and Leopard Mark relating to your access to and use of the Sites and supersede any prior agreements on that subject. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms shall constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and our failure to assert any right or provision shall not constitute a waiver thereof. You may not transfer or assign these Terms or any rights granted hereunder without our prior written consent; we may assign these Terms without restriction. These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, epidemic, labor disputes, supply or carrier disruptions, utility or telecommunications failures, governmental action, or civil unrest.

Familiar Ventures, LLC dba The Leopard Mark Beverage Group
1300 First Street, Suite 368
Napa, CA 94559, USA
Email: info@theleopardmark.com