TENNESSEE WHISKEY TRAIL – CONDITIONS OF USE
PERMITTED USERS OF THIS SITE
This site is intended to be used and accessed by people who are of legal are to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY
The copyrights to all materials, content and layout of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to the Tennessee Whiskey Trail and Tennessee Distillers Guild, its parents, agencies, distributors, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without the Tennessee Distillers Guild express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by the Tennessee Distillers Guild or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of the Tennessee Distillers Guild or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
USE OF THIS SITE
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of this Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
TENNESSEE DISTILLERS GUILD DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
The Tennessee Distillers Guild also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
LIMITATION OF LIABILITY
In no event shall Tennessee Distillers Guild, its parents, agencies, distributors, affiliates, subsidiaries and service providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws to 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 may not apply, and you might have additional rights.
You agree to defend, indemnify and hold Tennessee Whiskey Trail and Tennessee Distillers Guild harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.
ONLINE STORES; PROMOTIONS
Additional terms and conditions may apply to purchase of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, registrations, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Conditions of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Conditions of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
COMMUNICATION WITH THIS SITE
By connecting to the Site through a third-party service (various social media platforms e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.
Please remember that you are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Site, or any users’ action or inaction.
You represent, warrant, and agree that you will not:
Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Conditions of Use and/or any and all applicable local, state, national and international laws and regulations and treaties;
Use the Site for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by these Conditions of Use, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitations, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
Permit or otherwise enable unauthorized users to access and/or use the Site;
Use the Site to export software or data in violation of applicable U.S. laws or regulations;
Sell, copy, duplicated, rent, lease, loan, distribute, transfer, or sublicense the Site, or otherwise permit any third party to use or have access to the Site for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Site;
Distribute, publish, exhibit, or otherwise use the Site, in any such manner for any purpose not expressly permitted under these Conditions of Use.
Exploit the Site or collect any data incorporated in the Site in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
Register as a user of the Site by providing false, inaccurate, or misleading information;
Post hyperlinks to commercial services or Websites;
Collect personal data about other users of the Site for commercial or any other purposes;
Post or otherwise make available irrelevant Content (as defined below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
Attempt to gain unauthorized access to our computer systems (including any non-public areas of the Site) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Site (or the servers and networks which are connected to the Site).
Any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Tennessee Distillers Guild cannot prevent the “harvesting” of information from this Site, and you may be contacted by the Tennessee Distillers Guild or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of the Tennessee Distillers Guild, may or may not be posted to this Site at the sole discretion of the Tennessee Distillers Guild and may be used by the Tennessee Distillers Guild or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Tennessee Distillers Guild is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by the Tennessee Distillers Guild without compensation in any manner what so ever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although the Tennessee Distillers Guild may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Tennessee Distillers Guild is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Tennessee Distillers Guild assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
At its sole discretion, Tennessee Distillers Guild may modify or discontinue the Site, for any reason, with or without notice to you and without liability to you or any third party.
UNAFFILIATED PRODUCTS AND SITES
Descriptions of, or references to, products, publications or sites not owned by Tennessee Distillers Guild or its affiliates do not imply endorsement of that product, publication or site. Tennessee Distillers Guild has not reviewed all materials linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
DISCLAIMER: Please be aware that Tennessee Distillers Guild reserves the right to hyperlink from its websites and individual brand social media sites prior to receiving your company’s express permission. We do not believe this link would cause any consumer confusion or an impression of affiliation or sponsorship. Should your company object to the proposed hyperlink, please send an email to: email@example.com as soon as possible to request a posted hyperlink removed.
UNITED STATES GOVERNING LAW; ARBITRATION;VOID WHERE PROHIBITED
These Conditions of Use, and your relationship with us under these Conditions of Use, shall be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these Conditions of Use shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Nashville, TN. If traveling to Tennessee is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorney’s fees).
Any offer for any product, feature, service or Application made on this Site is void where prohibited.
NO CLASS ACTIONS
You agree to resolve any disputes related to these Conditions of Use as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Conditions of Use.
You acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Conditions of Use:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in the Conditions of Use is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Conditions of Use shall remain in effect.
NO ASSIGNMENT, SUBLICENSE OR TRANSFER
You many not assign, sublicense, or transfer these Conditions of Use or any rights or obligations hereunder without prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion shall have the right to immediately terminate these Conditions of Use.
These Conditions of Use sets forth the entire understanding and agreement between parties relating to its subject matter. All provisions that should by their nature survive the termination of the Conditions of Use shall survive the expiration of these Conditions of Use including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trail by jury. Any waiver of or promise not to enforce any rights under these Conditions of Use shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
This policy is effective as of April 12, 2017.