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TERMS & CONDITIONS FOR BOURBONEX.COM AND ASSOCIATED WEBSITES
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 21 years of age to use this website. By using this website and thus agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.
License to use website
Unless otherwise stated, BourbonEX.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website only for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Where content is specifically made available for redistribution, it may only be redistributed according to written permission by BourbonEX.com
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.This includes selling or shipping any liquor or regulated items without the proper license of local, state and national governments if required.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BourbonEX.com's express written consent.
You must not be affiliated with any law enforcement, government, or regulatory agency to use this site, either for normal use, surveillance, or tracking potential infractions. You must not use this website to transmit or send unsolicited commercial communications.
The use of this site for actively buying and selling is strictly for professional agents of licensed corporate vendors. You are responsible for complying with all local, state and federal laws governing the sale and transport of alcohol spirits. Individuals are restricted to only using this site for informational purposes of tracking the secondary market price of various bourbons. We rely upon a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services available on The Bourbon Exchange (BourbonEX.com). Each product or service listed on BourbonEX.com is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that The Bourbon Exchange does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS.You must not use this website for any purposes related to marketing without BourbonEX.com's express written consent.
Access to certain areas of this website is restricted. BourbonEX.com reserves the right to restrict access to other areas of this website, or indeed this entire website, at BourbonEX.com's discretion.
If BourbonEX.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and never given to or made available to anyone else.
BourbonEX.com may disable your user ID and password in BourbonEX.com's sole discretion without notice or explanation.
In these terms and conditions, “your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to BourbonEX.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BourbonEX .com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BourbonEX.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
BourbonEX.com reserves the right to edit or remove any material submitted to this website, or stored on BourbonEX.com's servers, or hosted or published upon this website.
Notwithstanding BourbonEX.com's rights under these terms and conditions in relation to user content, BourbonEX.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without a representations or warranties, express or implied. BourbonEX.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, BourbonEX.com does not warrant that:
· this website will be constantly available, or available at all; or
· the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.If you require advice in relation to any legal, financial or medical matter you should consult the appropriate professionals.
Limitations of liability
BourbonEX.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
· to the extent that the website is provided free-of-charge, for any direct loss;
· for any indirect, special or consequential loss; or
· for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if BourbonEX.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty expressly stated by law that it would be unlawful to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, BourbonEX.com has an interest in limiting the personal liability of its officers and employees.You agree that you will not bring any claim personally against BourbonEX.com's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BourbonEX.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BourbonEX.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify BourbonEX.com and undertake to keep BourbonEX.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BourbonEX.com to a third party in settlement of a claim or dispute on the advice of BourbonEX.com's legal advisers) incurred or suffered by BourbonEX.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to BourbonEX.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, BourbonEX.com may take such action as BourbonEX.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
BourbonEX.com may revise these terms and conditions from time-to-time. Revised terms a nd conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.Please check this page regularly to ensure you are familiar with the current version.
BourbonEX.com may transfer, sub-contract or otherwise deal with BourbonEX.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.If any unlawful and/or unenforceabl provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the agreement between you and BourbonEX.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with French law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Paris, France.
You can officially contact BourbonEX.com by email to [email protected]
This document was created using a Contractology template available at http://www.freenetlaw.com.
REV 2 EFFECTIVE 31JUL2016