UPDATED 12/10/19

Terms & Conditions


Terms of Use

 

This site is made available by Michter’s Distillery LLC (“Michter’s”). Throughout this site, the terms “Michter’s,” “we,” “us,” and “our” refer to Michter’s Distillery LLC, Louisville, KY. When you access and use this site, you agree to the terms and conditions that follow. We reserve the right, in our sole discretion, to modify or update these terms and conditions from time to time. If you do not agree to these terms and conditions, you must exit this site immediately.

 

Site Age Limitation

Michter’s and its representatives and agents maintain this site for the personal use of people who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. If you are not of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older, please exit this site immediately.

 

Intellectual Property

We are the owner and/or authorized user of all trademarks, logos, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the site, unless otherwise indicated. Except with respect to the limited, non-exclusive license to access and view this site (including all its contents) and download and print certain material from this site as set forth below in the section entitled “Use of Material”, use of the site does not grant you any right, title, interest or license to any such intellectual property on the site. Except as set forth below in the section entitled “Use of Material”, you may not display, reproduce, distribute, modify, transmit, or otherwise use any of the intellectual property of Michter’s in any way for any public or commercial purpose, without the prior and express written consent of Michter’s.

 

Use of Material

This site (including all its contents) is the property of Michter’s or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, lawful, non-commercial use only, so long as you do not remove any copyright or other proprietary notices that appear on the material you print or download. If you are a distributor/retailer, you may also print and download the sell sheets (if available) for the sole purpose of promoting the products of Michter’s. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site, including by uploading the material or otherwise making the material available online. All rights not expressly granted here are reserved to Michter’s.

 

You may not use any computer program tools to access, acquire, copy or monitor any portion of the site or obtain materials or information through any means not purposely made available through the site.

 

Accuracy, Completeness and Timeliness of Information on This Site

Michter’s is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

 

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Michter’s has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Michter’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at shop@michters.com.

 

To be effective, your notification must (i) be in writing, (ii) be provided to us, and (iii) include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit us or our service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Michter’s is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

 

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
MICHTER’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHTER’S OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MICHTER’S DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MICHTER’S, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE , OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES (OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY EFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY), YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

 

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE.
YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

Indemnity

You shall indemnify, defend and hold harmless Michter’s, its subsidiaries and affiliates and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by a third party, and all associated liabilities, losses, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this site, content you transmit to this site, or your breach of the terms and conditions or any other laws, regulations and rules. Michter’s reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Michter’s.

 

Jurisdiction

The terms and conditions shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of New York for any action arising from or relating to the terms and conditions or your browsing or use of this site.

 

Outside the United States

This site is intended for use by U.S. residents who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. Michter’s makes no claims that the content of this site is appropriate or may be downloaded outside of the U.S. If you access this site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product do not imply that Michter’s intends to make such products available in all countries.

 

Changes to the Terms of Use

We reserve the right, at our complete discretion, to modify these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

 

Modifications to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, change or suspend any aspect of the site, including, but not limited to, content, features or hours of availability. Michter’s may impose limits on certain features of the site or restrict your access to part or the entire site without notice or penalty.

 

Materials Submitted by You

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

 

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgment of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; and that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

 

Linking Policy

This site may provide, as a convenience to you, links to sites owned or operated by parties other than Michter’s. Each linked website has its own terms and conditions of use, as described in such site’s terms of use. Please read each website’s terms of use carefully before you use that site. Michter’s does not endorse the content on such sites (including but not limited to, any products or services available) and is not responsible for the availability, content or security of these external sites. If you use any such linked sites, you do so at your own risk.

 

Changes to this Site & Privacy Policy

We reserve the right, at our complete discretion, to change this Site & Privacy Policy at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

 

How to Contact Us

If you have any questions about these Terms of Use, please contact us by e-mail at shop@michters.com.

 

Miscellaneous

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place. This is the entire agreement between you and Michter’s regarding all aspects of your use of this site. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. We shall not be required to post a bond or other security in order to obtain injunctive relief. These Terms of Use bind and inure to the benefit of your and our respective successors, assigns, heirs, executors, trustees and administrators, as applicable.

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