CONDITIONS OF USE

Your use of and access to this website (“Site”) constitutes acceptance of these Conditions of Use, all applicable laws and regulations, and our Privacy Policy, available on this Site (collectively, “Conditions of Use”). We reserve the right to amend these Conditions of Use from time to time without notice and at our discretion. Additionally, we reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.

If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained on this Site are protected by applicable copyright and trademark law.

All references to “our,” “us,” “we,” or “company” within these Conditions of Use are deemed to refer to Southern Distilling Company, LLC, its subsidiaries, affiliates, and associates.

01. Permitted Users of this Site

This Site is intended to be used and accessed by people who are of legal age 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.

02. Rights

The copyrights to all material, content and layout of this Site (including, but not limited to, text, user and visual interfaces, images, videos, look and feel, design, sound and any underlying software and computer codes) are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Conditions of Use.

03. Intellectual Property

Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Conditions of Use, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property that you may access on the Site. Except as expressly provided in these Conditions of Use, you may not use or reproduce the Intellectual Property.

04. Conditions of Use and Acceptable Usage Policy Relating to Public Forums

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of content from linked sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse. Please be aware that any Postings you make will be deemed not to be confidential or secret.

We do not endorse any Postings, whether we remove them or not. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through Public Forums. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

05. Linked Sites

We do not review all the sites linked to our Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the linked site. The use of any such linked web site is at your own risk.

06. Materials submitted by you

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 or any of its services, by email or in any other way. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. 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 waived or excluded.

07. No warranties

The Site is provided “as is,” and your use thereof is at your own risk. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. If you are dissatisfied with the Site, your sole remedy is and shall be to discontinue using the Site.

08. No liability

To the fullest extent permitted by law we and our officers, directors, employees, agents and assigns hereby disclaim any and all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from the Site, regardless of whether such loss, cost or damage arises from our negligence or otherwise, and regardless of whether we are or have been expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to, negligence, strict liability or product liability) arising from your use of the Site exceed, in the aggregate, $100.00 (us).

09. User Information

In the course of your use of the Site, you may be asked to provide personally identifiable information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy, including the use of “cookies.” You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

10. Indemnity

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Conditions of Use, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

11. Revisions and Mistakes

The materials appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this Site are accurate, complete, or current. We may make changes to the materials contained on this Site at any time without notice, provided that, we do not make any commitment to update the materials at all.

12. Jurisdiction

These Conditions of Use, including the Privacy Policy and any matter relating to the Site, shall be governed by North Carolina law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Conditions of Use that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of any state or federal court sitting in North Carolina, and you hereby irrevocably consent to the jurisdiction of such courts.