Terms of Service
Last Updated: May 21, 2018
PERMITTED USERS OF THIS SITE
The Sites are intended to be used and accessed by people who are of legal age to purchase and consume alcohol in their country of residence (“Legal Age”). If you are of Legal Age, please continue. If you are not, please exit any of the Sites you have accessed immediately.
RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY
The copyrights to all materials, content and lay-out of the Sites (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to ASW Distillery. 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 the Sites or make any derivative works from the Sites in any way without ASW Distillery’s express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on any of the Sites is owned or licensed by ASW Distillery, LLC and may not be used by you without our prior written consent. Your use of any of the Sites does not grant you any right, title, interest or license to any such intellectual property appearing on such Sites.
Any unauthorized use of the content of any of the Sites may subject you to civil or criminal penalties.
USE OF THE SITES
ASW Distillery maintains the Sites for your personal entertainment, information, and education. You may peruse the Sites and may download material displayed on the Sites for non-commercial, lawful, personal use only, so long as all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of the Sites is prohibited except with our express prior written consent. All rights not expressly granted here are reserved to ASW Distillery.
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 the Sites or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Sites. Tools that use the Sites shall be considered agents of the individual(s) who control or author them.
ASW DISTILLERY 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.
ASW Distillery, LLC 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 affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, text, images, video or audio from the Sites or any linked sites.
LIMITATION OF LIABILITY
In no event shall ASW Distillery, LLC its parents, affiliates, subsidiaries and services 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 whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, the Sites. You acknowledge by your use of any of the Sites, that your use of the Sites is at your sole risk. Certain 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 may not apply, and you may have additional rights.
You agree to defend, indemnify and hold ASW Distillery harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees actually incurred, arising from or related to your use of the Sites.
ON-LINE STORES; PROMOTIONS
All prices are listed in U.S. dollars.
SHIPPING AND DELIVERY
Our online store (“ASW Mercantile”) ships within the United States only, and only ships products that include a shipping option, a category which expressly excludes spirits. Shipments for ASW Mercantile are sent via the post, carrier, or courier method we elect.
COMMUNICATIONS WITH THIS SITE
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. ASW Distillery will fully cooperate, including without limitation, maintaining and disclosing any transmittals or communications that you have had with any of the Sites, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Other than personally identifiable information, any communication or material you transmit to any of the Sites by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. ASW Distillery cannot prevent the “harvesting” of information from the Sites, and you may be contacted by ASW Distillery or unrelated third parties, by email or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of ASW Distillery, may or may not be posted to the Sites at the sole discretion of ASW Distillery and may be used by ASW Distillery or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ASW Distillery is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to any of the Sites, you accept that they will not be treated as confidential and may be used by ASW Distillery without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although ASW Distillery may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on any of the Sites, ASW Distillery 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 any of the Sites. ASW Distillery assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of any of the Sites.
NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to firstname.lastname@example.org:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
At its sole discretion, ASW Distillery may modify or discontinue any of the Sites, or may modify or terminate your account or your access to any on of the Sites, for any reason, with or without notice to you and without liability to you or any third party.
USERNAME AND PASSWORD
You acknowledge and agree that you are responsible for maintaining the confidentiality of any username and password you create on any of the Sites. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify ASW Distillery of any unauthorized use of your user name or password or any other breach of security.
UNAFFILIATED PRODUCTS AND SITES
Descriptions of, or references to, products, publications or sites not owned by ASW Distillery or its affiliates do not imply endorsement of that product, publication or site. ASW Distillery has not reviewed all material linked to the Sites and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
UNITED STATES GOVERNING LAW; VOID WHERE PROHIBITED
The Sites shall be governed by, and your browsing in and use of the Sites shall be deemed acceptance of and consent to, the laws of the State of Georgia, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, the Sites 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 they are appropriate or available to all persons of legal purchasing age in all locations, or that ASW Distillery intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on the Sites is void where prohibited. Your information will be transferred to ASW Distillery, located in the State of Georgia, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
ASW Distillery, LLC, 199 Armour Drive, Suite C, Atlanta, Georgia 30324.