Welcome to the Kentucky Peerless Distilling Company website (the “Website”). To access this Website you must be of legal drinking age in the country where you reside. You must exit this Website immediately if you are not of a legal age for consuming alcoholic beverages in the country in which you reside or if you are in a country or territory where access to this Website is not permitted. Last updated:
June 11, 2014
Scope of Agreement
General. This Terms of Use Agreement (the “Agreement”) is between you (“You” and “Your”) and Kentucky Peerless Distilling Company. (“Peerless” or “We”). This Agreement governs Your access to and use of this Website, the Content (as defined below) made available to You through this Website, and services and other transactions offered through this Website. In addition to complying with the terms and conditions of this Agreement, You agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Website, which are incorporated into and made a part of this Agreement.
Privacy Policy
Please click here [ANCHOR TO SECTION BELOW] to read Peerless’s Privacy Policy, which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how Peerless collects, uses and discloses personal information. By accessing and using the Website, you consent to Peerless’s actions with respect to your personal information in compliance with the Privacy Policy.
Binding Agreement
By accessing or using this Website in any manner you are deemed to have read, understood, and agreed to each of the terms, conditions, and notices set forth in this Agreement and the Privacy Policy. If you do not understand or agree to each of the terms, conditions, and notices in this Agreement, you should not access or use this Website in any manner and You should exit this Website immediately.
Modification of Website or Agreement
Peerless may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all of the services, Content, or transactions offered through this Website), in whole or in part, without notice or liability to You.
Peerless reserves the right to modify this Agreement at any time at its sole discretion. If Peerless changes these terms and conditions, Peerless will post the date of the last revision at the top of this Agreement and will post the revised version on the Website. The modified version of the Agreement will apply to all access and use of the Website and the Content provided in the Website thereafter. Additionally, Peerless may send an email to you notifying you of the changes to these terms and conditions at the time the revisions are made. By continuing to access and use the Website once the modified Agreement is posted, You indicate Your assent to the modifications and Your agreement to be bound by this Agreement as modified.
Availability and Use of Website
Availability. The availability of this Website depends on many factors, including some factors that are beyond Peerless’s control, such as Your connection to the Internet and the Internet backbone. Peerless shall not be liable to You if You cannot use this Site for any reason.
You represent and warrant that You are 21 years of age or older and have the ability to enter into this Agreement. If you are under the age of 21, you may not use this Website.
Restrictions on Use
You must use this Website only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Website (a) to reverse engineer or decompile it, or to gain access (or attempt to access) areas or Content provided on the Website or Peerless’s services for which You do not have the proper authorization; (b) to impersonate any person or entity (including Peerless or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Peerless’s services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in Section 4(c) above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of-service attack; (l) in a manner that Peerless determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the Content provided through the Website, or Peerless’s services.
Communications. By registering for the Peerless newsletter, you may receive periodic emails from Peerless. These emails may include information pertaining to Peerless services, confirmations, newsletters, or other messages. Peerless may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Peerless, please send an email to [ENTER EMAIL ADDRESS] and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.
Term; Termination
Termination. In addition to any other legal or equitable remedies, Peerless may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Peerless by e-mail at to kraver@KentuckyPeerless.com or by regular mail to 120 North 10th street, Louisville, Kentucky 40202.
Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Website and Peerless may, in addition to any other legal or equitable remedies, deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions that by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
Intellectual Property
Intellectual Property Laws. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Website and the Content provided therein, and any unauthorized access to or use of this Website or the Content therein may violate such laws. Peerless reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
Ownership. All information and data that is part of this Website, including without limitation, text, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Peerless or third parties. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Peerless or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of Peerless, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Peerless.
Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website.
Links to Other Internet Sites
This Website may contain links to Internet sites owned, operated or maintained by third parties not under Peerless’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Peerless’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
Warranty Disclaimer; Limitation of Liability
Disclaimer. All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that You use this Website is at Your own risk. Peerless does not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, error-free or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. Peerless disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Peerless shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Site or on any site linked to the Website.
Limitation of Liability. To the maximum extent permitted by applicable law, Peerless, its affiliates, and any of their respective officers, directors, employees, or agents shall not be liable for punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if Peerless had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Peerless shall not be liable to You for any damages arising from Your use of the Website or from any other user of the Website, or from Your reliance on any information provided on the Website.
Indemnity
You agree to indemnify, defend and hold harmless Peerless, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. Peerless reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Peerless’s defense of such claims.
Relationship Between the Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Peerless as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of Peerless and Peerless shall not be liable for any representation, act or omission by You to the contrary.
Assignment
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Peerless’s successors, assigns and licensees.
Governing Law and Jurisdiction; Limit on Commencing Actions
Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Commonwealth of Kentucky, U.S.A. in all disputes arising out of or relating to the use of this Site.
Limitation on Actions. You must commence any cause of action or claim against Peerless within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
International Access
This Website can be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.
Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website by e-mail to contact@KentuckyPeerless.com or by regular mail to 120 north 10th street, Louisville, Kentucky 40202.
Waiver; Severability; Integration
No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Peerless’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Peerless shall not obligate Peerless to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.
Reservation of Right
Peerless reserves to itself any and all rights not expressly granted herein.