TERMS AND CONDITIONS OF USE
Welcome to Wheelhouse Libations!
We are delighted that you have taken the time to visit our website.
There are a few terms that govern your use of our website and services; the terms are set out in these terms of use. Please review these terms of use carefully before using the site. If you do not agree to these terms of use, you should not use our website or any of the programs, services, and materials made available through this website. “WHEELHOUSE LIBATIONS”, US”, “WE”, OR “OUR” refers to Wheelhouse Libations. The term “YOU” refers to the user or viewer of the Wheelhouse Libations platforms (AS DEFINED BELOW):
ACCEPTANCE OF AGREEMENT
By using our website and the programs and materials made available through the website, you agree to comply with and be bound by the following terms of use (the “Agreement”). This Agreement applies to and governs the Wheelhouse Libations website (the ”Site”) and any programs, content, or materials you sign up for and/or access through the Site (together with the Site, the “Wheelhouse Libations Services”). This Agreement constitutes the entire agreement between you and Wheelhouse Libations pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to Wheelhouse Libations. We may amend this Agreement at any time without specific notice to you. The most recent version of the Agreement will be posted on the Site, and your continued use of Wheelhouse Libations services, in whole or in part, after such changes are posted constitutes your agreement to such revised Agreement.
COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to Wheelhouse Libations are protected under applicable copyrights, trademarks, and another proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any part of the Wheelhouse Libations site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Wheelhouse Collective Brands Site. Posting information or materials on the Site or making information or materials available through Wheelhouse Libations does not waive any of our rights in such information and materials. Some of the content on the Wheelhouse Libations Site is the copyrighted work of third parties, and such material is the property of the relevant licensor.
SERVICE MARKS
“Wheelhouselibations.com” and others are the service marks, registered service marks, or trademarks of Wheelhouse Libations and nothing in the Wheelhouse Libations Site transfers any rights in or to such marks to you. Other product and company names mentioned in the Site may be trademarks of their respective owners, and nothing in the Site transfers any rights in or to such marks to you. Wheelhouse Libations and our licensors retain all rights in and to our respective marks.
OUR LIMITED LICENSE TO YOU
Permitted Uses. You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license:
(a) to access and use the Wheelhouse Libations Site strictly in accordance with this Agreement and any applicable additional terms;
(b) to use Wheelhouse Libations Site solely for internal, personal, and non-commercial purposes; and
(c) to print out discrete information from Wheelhouse Libations solely for internal, personal, non-commercial purposes and provided that you respect and maintain all copyright and other proprietary rights and notices contained therein.
No printout or electronic version of any part of Wheelhouse Libations or their contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Any other use of the Wheelhouse Libations Site is outside of the license granted by this Agreement and is a violation of this Agreement.
RESTRICTIONS AND PROHIBITIONS ON USE
The license set forth above is subject to the following restrictions and prohibitions.
You may not:
(a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Wheelhouse Libations Site or any content or other materials included or accessed therein (“Content and Materials”);
(b) use Wheelhouse Libations or any Content and Materials to develop, in whole or in part, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from Wheelhouse Libations;
(d) use any Content and Materials from Wheelhouse Libations in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Wheelhouse Libations Site;
(f) make any portion of the Wheelhouse Libations Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from Wheelhouse Libations in violation of this Agreement;
(i) use Wheelhouse Libations for the purpose of gathering information for or transmitting
(1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use Wheelhouse Libations in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and
(k) export or re-export Wheelhouse Libations or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
DOCUMENTS, FORMS, & AGREEMENTS
We may make available through Wheelhouse Libations or through other Web sites sample and actual forms, checklists, business documents, and legal documents (collectively, “Documents”). All Documents are licensed to you on a non-exclusive basis only for your personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge. Documents are provided to you without any representations or warranties, express or implied, as to their suitability, completeness, current nature, accuracy, and/or appropriateness.
NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP
Information contained on or made available through Wheelhouse Libations is not intended to and does not constitute legal advice, legal recommendations, or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to Wheelhouse Libations. Your use of information in Wheelhouse Libations is entirely at your own risk.
LINKING TO THE SITE
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
ADVERTISERS
Wheelhouse Libations may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in materials submitted to Wheelhouse Libations by any advertiser or sponsor.
REGISTRATION
Certain sections of, or offerings from, Wheelhouse Libations may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information using your real name and other requested information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
ERRORS, CORRECTIONS, AND CHANGES
We do not represent or warrant those Wheelhouse Libations, including but not limited to the Wheelhouse Libations website, will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through Wheelhouse Libations will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on or in the Wheelhouse Libations Site.
THIRD-PARTY CONTENT
Third-party content may appear on the Wheelhouse Libations Site or may be accessible via links from Wheelhouse Libations. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the third party and are neither endorsed by nor does it necessarily reflect our beliefs.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, ‘Affiliated Parties’;) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of Wheelhouse Libations.
PROVISION
WHEELHOUSE LIBATIONS AND ALL INFORMATION, CONTENT, DOCUMENTS, AND MATERIALS THEREIN ARE PROVIDED “AS IS”, AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WHEELHOUSE LIBATIONS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT. WHEELHOUSE COLLECTIVE BRANDS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH WHEELHOUSE LIBATIONS OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
Neither us nor our affiliates or licensors shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Wheelhouse Libations or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, including but not limited to Wheelhouse Libations Services, (c) your use of Wheelhouse Libations, (d) the content contained on the Wheelhouse Libations Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US, AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
FEEDBACK
We own all usage data about the Site and Wheelhouse Libations and own all remarks, suggestions, and ideas, provided by you to us about Wheelhouse Libations (“Feedback”). We will not be required to treat any Feedback as confidential and may use such Feedback in product development, service development, marketing materials, or any other use in any medium, without compensation to you. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
THIRD-PARTY SERVICES
We may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and accept no responsibility or liability for any such third-party websites, products, or services. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and the Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. The Merchants and we are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
PRIVACY POLICY
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using Wheelhouse Libations, you agree to our Privacy Policy.
PAYMENTS
You agree that any payments you make to us for Wheelhouse Libations Services or otherwise are valid and that you will use one of our preferred payment vendors to make such payments. All payments made through a payment vendor are subject to the terms of use of such payment vendor.
LINKS TO OTHER WEBSITES
Wheelhouse Libations may contain links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. The inclusion of any linked Web site in the Wheelhouse Libations Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites through links in the Wheelhouse Libations Site, you do so at your own risk.
INFORMATION AND PRESS RELEASES
Wheelhouse Libations Site may contain information, including but not limited to press releases, about Wheelhouse Libations. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in the Site or any press release, or otherwise, should not be relied upon as being provided or endorsed by us.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Wheelhouse Libations and the Content and Materials provided therein.
MISCELLANEOUS
This Agreement shall be treated as though it were executed and performed in the State of Delaware in the United States of America and shall be governed by and construed in accordance with the laws of the State of Delaware in the United States of America (without regard to conflict of law principles). Any cause of action by you with respect to Wheelhouse Libations (and/or any information, Content Materials, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
DISPUTE RESOLUTION
Any dispute arising out of or relating to this Agreement or Wheelhouse Libations Services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration. Any such dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Delaware in the city of Wilmington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware necessary to protect the rights or property of you and us pending the completion of arbitration.