Website Terms & Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.
These Whiskeysmith Website Terms and Conditions of Use (“Terms of Use”) are provided on behalf of Old Elk Distilleries, LLC, d/b/a Whiskeysmith Co. a Colorado limited liability company (“Whiskeysmith Co.”), and are effective as of August 6, 2020. Any use of the terms “we”, “our”, or “us” in these Terms of Use refer to Whiskeysmith Co. or any of its affiliates or subsidiaries. For purposes of these Terms of Use, the term “affiliates” means any entity or person, directly or indirectly, owning an interest in, or under common ownership with, Whiskeysmith Co., or any entity or person in which Whiskeysmith Co. directly or indirectly, owns an interest.
This Website is to be accessed and used only by people who are of legal age to purchase and consume alcohol (as referred to in these Terms of Use as the “legal purchase age” and “legal drinking age,” respectively). If you are of legal drinking age and of legal purchase age in your country of residence and the country from which you are accessing this Website, please continue. If you are not, please exit this Website immediately.
Welcome to www.whiskeysmithco.com (the “Website”). Whiskeysmith Co. provides access to the Website, and the services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. Whiskeysmith Co. may also impose limits on particular features or restrict your access to the Website, in part or in whole, without notice or liability.
PRIVACY
Please review our privacy policy www.whiskeysmithco.com/privacypolicy (“Privacy Policy”) to understand our privacy practices. You agree to comply with the terms of the Website’s Privacy Policy, which is incorporated by reference into these Terms of Use. All individually identifiable information about that could permit someone to identify or contact you that you provide to use as a result of your use of this Website will be handled in accordance with our Privacy Policy.
GEOGRAPHIC SCOPE
The Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Whiskeysmith Co. intends to make such products or services available in such countries. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction. If you are not of legal purchase age or legal drinking age in the country in which you reside and the country from which you are accessing this Website, or such country does not allow for the advertising of alcoholic beverage products, exit this Website immediately.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us by electronic means. By agreeing to these Terms of Use, you consent to receive electronic communications from us. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Whiskeysmith Co., its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Whiskeysmith Co., its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Whiskeysmith Co., its affiliates, or its software suppliers and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Whiskeysmith Co..
TRADEMARKS
Whiskeysmith Co. or one of its affiliates is the owner of the registered or unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
Whiskeysmith Co.™
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Whiskeysmith Co. or its affiliates may not be used in connection with any business, product, or service whose source is not Whiskeysmith Co. or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Whiskeysmith Co. or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Whiskeysmith Co. or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Whiskeysmith Co. or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Whiskeysmith Co. or its affiliates displayed or contained in the Website without the express, written consent of Whiskeysmith Co. or its affiliates.
LICENSE AND SITE ACCESS
Whiskeysmith Co. grants you a nonexclusive, nontransferable, limited right to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with these Terms of Use. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Whiskeysmith Co..
This right does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Whiskeysmith Co.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Whiskeysmith Co. or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Whiskeysmith Co.’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Whiskeysmith Co.. Any unauthorized use terminates the permission or license granted by Whiskeysmith Co..
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Whiskeysmith Co. and its affiliates reserve the right to refuse service, terminate accounts, and remove or edit content in their sole discretion.
Visitors may not send communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do submit material, and unless we indicate otherwise, you grant Whiskeysmith Co. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Whiskeysmith Co. and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Whiskeysmith Co., its related entities and its affiliates for all claims resulting from content you supply.
LINKS
These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided by Whiskeysmith Co. on an “as is” and “as available” basis. Whiskeysmith Co. makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Whiskeysmith Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Whiskeysmith Co. does not warrant that the Website, its servers, or e-mail sent from Whiskeysmith Co. are free of viruses or other harmful components. Whiskeysmith Co. will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to hold harmless and indemnify Whiskeysmith Co. and its affiliates, members, managers, officers, agents and employees from any claim, suit, or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
GOVERNING LAW
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the State of Colorado, United States of America. By visiting the Website, you agree that the laws of the State of Colorado, United States, without regard to principles of conflict of laws, will govern these Terms of Use, including the Privacy Policy, and any dispute of any sort that might arise between you and Whiskeysmith Co., or any of its affiliates or subsidiaries.
DISPUTES
Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Larimer County, Colorado, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Whiskeysmith Co.’s intellectual property rights, Whiskeysmith Co. may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
As noted above, you are encouraged and advised to review these Terms of Use and Privacy Policy. These Terms of Use and Privacy Policy also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these Terms of Use and the Privacy Policy, just as if you had signed an agreement. If you do not comply with these Terms of Use and Privacy Policy at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the Terms of Use and the Privacy Policy at any time. You should check these Terms of Use and the Privacy Policy periodically for changes. By using the Website after we post any changes to the Terms of Use and Privacy Policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these Terms of Use and Privacy Policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
ENTIRE AGREEMENT
These Terms of Use, including our Privacy Policy, constitute the entire agreement between us and you, and supersede all prior agreements, representations, promises and statements between us and you. Any failure by Whiskeysmith Co. to exercise or enforce any portion of these Terms of Use, including the Privacy Policy, shall not constitute a waiver of any right or provision. If any part of these Terms or Use, including the Privacy Policy, is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should attempt to give effect to Whiskeysmith Co.’s intentions as reflected in the provision, and all other provisions shall remain in full effect.
OUR CONTACT INFORMATION
If you have any questions or concerns, feel free to contact us at the address below or by email at info@oldelk.com.
Whiskeysmith Co. Flavored Whiskey
401 W. Mountain Avenue
Fort Collins, CO 80521