End User License Agreement
TERMS AND CONDITIONS OF USE
WELCOME TO THE COMPANY DISTILLING WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE.
This Agreement was last updated on October 27, 2021.
• Scope of Agreement.
This Terms and Conditions of Use Agreement (the “Agreement”) is between you (“You”) and Tri Star Spirits, LLC. (“Co.”). This Agreement governs Your access to and use of this Site (the “Sites”), (collectively, the “Services”).
• Binding Agreement.
BY ACCESSING OR USING THIS SITE IN ANY MANNER (EVEN IF ACTING ON BEHALF OF A COMPANY) YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT, INCLUSIVE OF FUTURE UPDATES. If YOU do not understand or agree to each of the terms, conditions and notices in this AGREEMENT, YOU SHOULD not access Or use THE SiteS IN ANY MANNER. IF YOU CHOOSE TO TERMINATE THIS AGREEMENT, AT ANY TIME YOU CAN DO SO BY NO LONGER ACCESSING OR USING THE SERVICES.
• Modification of Services.
Co. may make changes to the Sites at any time, (including, without limitation, adding or discontinuing any or all Services or transactions offered through the Sites), in whole or in part, without notice or liability to You.
• Modifications to this Agreement.
• Right to Use Site.
You represent and warrant to Co. that You are employed by, or contracting with, Co.’s client (“Client”). You further warrant that You are at least twenty-one (21) years of age. No individual under the age of twenty-one (21) may use the Sites, provide any personal information to Co., or otherwise submit personal information through the Sites (including, for example, a name, address, telephone number, or email address).
• Access to Sites.
(a) Co. or Co.’s Client may assign a password and account ID to You so you can access and use certain areas of the Sites. Each user who uses such password and ID will be deemed to be authorized to access and use the Sites and Co. has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
(b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Client or Co. of any unauthorized use of the password or ID, or any other breach or threatened breach of the Sites’ security.
(c) Access to the Sites is contingent upon Your agreement to the terms of the Website Point and Click Agreement, the terms of which are hereby incorporated into this Agreement at Exhibit A.
(d) Standard carrier and text message rates may apply to Your use of the Sites.
• Notices and Messages.
You agree that Co. may provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided Co. (e.g., email, telephone number, physical address). You agree to keep your contact information up-to-date.
• Licenses to Co.
Co. ownership of website data.
As between You and Co., you own the content and information that you submit or post to the Services, and you are only granting Co. the following non‑exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to You or others. These rights are limited in the following ways:
—You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except for the reasonable time it takes to remove from backup and other systems.
—Because you own your content and information and we only have non‑exclusive rights to it, you may choose to make it available to others.
—Licenses to You.
(a) Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive to access and use the Sites only for their intended purposes.
(b) You may not reproduce, reverse-engineer, disassemble, or decompile the Sites, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(c) Your license to use the Sites may terminate upon notice if You violate the terms of the license.
• Availability and Use of Site.
The availability of the Sites depends on many factors, including some factors that are beyond Co.’s control, such as your connection to the Internet and the Internet backbone. Co. shall not be liable if You cannot use the Sites due to any reason.
• Termination; Effect of Termination.
(a) Co. 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 Co. at firstname.lastname@example.org.
(b) Upon any termination of this Agreement, You shall immediately cease all access to and use of this Site and Co. shall immediately revoke all password(s) and account ID(s) issued to You and deny Your access to and use of this Site in whole or in part.
• Intellectual Property.
All information and data that is part of the Sites, including, without limitation, Co. device outputs, text, graphics, photos, illustrations, images, video and audio clips (collectively, “Content”), all information and data that You or the Client adds to the Sites, and all trademarks, service marks, trade dress, logos and tag lines displayed on the Sites (collectively, the “Marks”) are the sole and exclusive property of Co. or third parties. You are not granted any right or license to such Content or to the Marks except as necessary for Your use of the Sites. Co. authorizes you to view or download a single copy of the material on the Sites solely for your professional and commercial use if you include the following copyright notice: “TRI STAR SPIRITS, LLC.” Copyright © 2021. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Sites may be included elsewhere within the Sites and are incorporated into these Terms and Conditions by reference.
• Personal Information.
You understand and agree that any personal information entered into the Site shall be available to Co. personnel who need access to the information in order to complete the functions of Co.
• Warranty Disclaimer; Limitation of Liability.
(a) ALL CONTENT, EQUIPMENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE SITES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CO. DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. ANY EQUIPMENT PROVIDED TO USERS, INCLUDING WITHOUT LIMITATION, THE COMPANY DISTILLING WEBSITE, MAY HAVE MATERIAL DEFECTS IN MATERIALS OR WORKMANSHIP. CO. DOES NOT WARRANT THAT EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR BE FREE OF DEFECTS. CO. 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 AND SYSTEM INTEGRATION. CO. HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING CLIENTS’ OR USERS’ USE OF THE SITES, EQUIPMENT, OR THE USE OF THE INTERPRETATION OF ANY INFORMATION STORED ON, GENERATED BY OR RECEIVED THROUGH THE SITES OR EQUIPMENT. In addition, CO. assumes no responsibility and no warranty shall apply to any failure or problem of any kind with respect to the EQUIPMENT resulting from: (i) abnormal use or misuse, whether through acts, omissions, negligence, error or accident; (ii) tampering, changes, alterations or modifications by any party other than CO.; (iii) improper handling, storage, Site, installation or maintenance by any person or entity other than CO.; (iv) excessive operating conditions; (v) unusual environmental conditions; (vi) accidental or intentional damage by any person other than CO.; or (vii) force majeure events.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CO., ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CO. HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CO.’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CO. FOR THE ONE MONTH PERIOD PRIOR TO THE INCIDENT ALLEGEDLY GIVING RISE TO CO.’S LIABILITY.
You agree to defend, indemnify, and hold Co., its officers, directors, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable attorneys’ fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
• International Access.
The Sites can be accessed from countries other than the United States. The Sites may contain Co. products or services, or references to Co. products or services that are not available outside of the United States. Any such references do not imply that such Co. products or services will be made available outside the United States. If You access and use the Sites outside the United States You are responsible for complying with Your local laws and regulations.
• Digital Millennium Copyright Act; Copyright Agent.
Co. complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting Co.’s copyright agent (identified below) and providing the following information:
—Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
—Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
—Your name, address, telephone number and e-mail address.
—A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
—A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
—A signature or the electronic equivalent from the copyright holder or authorized representative.
Co.’s copyright agent for issues relating to the Sites is as follows:
Tri Star Spirits, LLC.
8351 Hwy 73
Townsend, TN 37882
In an effort to protect the rights of copyright owners, Co. may terminate, in appropriate circumstances, Site subscribers and account holders that repeatedly infringe.
Both You and Co. may terminate this Agreement at any time with written notice to the other. On termination, You lose the right to access or use the Services. The following shall survive termination: Any amounts owed by either party prior to termination remain owed after termination.
(a) This Agreement is governed by the laws of the State of Ohio, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Blount County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Sites.
(b) You must commence any cause of action or claim against Co. 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.
(d) The failure of either party to exercise, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect.
(e) You may not assign, transfer or sublicense this Agreement except with Co.’s prior written consent. Co. may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You may not bind Co. in any respect whatsoever.
(f) If a court with authority over this Agreement finds any part of it unenforceable, You and Co. agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do so, the court shall be instructed to remove that unenforceable part and still enforce the rest of this Contract.
• Contact Information.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Sites by e-mail to email@example.com.
©2021 Tri Star Spirits, LLC. All rights reserved.
Company Distilling Website Point and Click Agreement:
Before you can enter the Company Distilling Website, please read and accept an agreement to abide by the rules regarding the use of this Site.
THE LICENSE GRANTED HEREIN IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY CLICKING ON THE LINK LABELED “I Accept”, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS SET FORTH HEREIN, CLICK ON THE LINK LABELED “I Do Not Accept” AND YOU WILL RETURN TO THE HOME PAGE.
IF YOU ARE ACTING ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ORGANIZATION AND THAT YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT CREATES A LEGALLY ENFORCEABLE OBLIGATION OF THE ORGANIZATION. AS USED HEREIN, “YOU” AND “YOUR” REFER TO YOU AND ANY ORGANIZATION ON BEHALF OF WHICH YOU ARE ACTING.
End User/Point and Click Agreement:
You, your employees and agents are authorized to use Website only as employees or contractors providing services on behalf of Client within the United States for the sole use by yourself, your employees and agents. You agree to take all necessary steps to ensure that you, your employees and agents abide by the terms of this agreement. Unauthorized use may result in Your, or the Client’s, exclusion from access to the Website.
Disclaimer of Warranties and Liabilities
Website is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. End Users of Website do not act for or on behalf of Co. Co. DISCLAIMS RESPONSIBILITY FOR ANY LIABILITY ATTRIBUTABLE TO END USER USE OF THIS WEBSITE. CO. WILL NOT BE LIABLE FOR ANY CLAIMS ATTRIBUTABLE TO ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION OR MATERIAL CONTAINED ON WEBSITE. In no event shall Co. be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of such information or material.
This license will terminate upon notice to you if you violate the terms of this license.
©2021 Tri Star Spirits, LLC. All rights reserved.
Updated: October 27, 2021