PUNCHER’S CHANCE WEBSITE TERMS OF SERVICE

UPDATED: June 22, 2021

  1. PERMITTED USERS

This website (this “Website”) 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/State of residence and the country/State from which you are accessing this Website, please continue. If you are not, please exit this Website immediately.

  1. ACCEPTANCE OF TERMS

This Website is owned and operated by Wolf Spirit Distillery, its subsidiaries, and/or affiliates (“Company”, “we” or “us”). These Terms of Service are entered into by and between Company and you. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) are an electronic record providing the terms and conditions for your access to and use of this Website.

Please read these Terms of Service carefully before you start to use this Website. BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

  1. CHANGES TO TERMS OF SERVICE AND WEBSITE

We reserve the right, in our sole discretion, to modify or update these Terms of Service from time to time with immediate effect. It is your responsibility to review these Terms of Service periodically for updates. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material. By using our Website you agree to be bound by the then-current Terms of Service.

  1. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Website do not constitute advice on which you should rely. We therefore disclaim all liability and responsibility arising from your reliance on such materials.

  1. CONSENT TO ELECTRONIC COMMUNICATION

When you use this Website, email the Company, or send a text message or other electronic communication to the Company, you are communicating electronically and consent to receive electronic communications from us. Our electronic communications may include, but are not limited to, emails, text messages, in-app or desktop notifications, or notices and messages posted to the Website. You agree that to the extent communications between us are required by law to be in writing, the aforementioned electronic communications satisfy such legal requirement.

  1. ACCESSING THIS WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users.

To access this Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to access or use this Website, or for any other purpose whatsoever, including, but not limited to, through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

  1. RIGHTS TO CONTENTS

All intellectual property and database rights in our Website, and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio, and video materials, look and feel, and software (including code, interface, and website structure) (“Materials”) are owned by us, our subsidiaries, affiliate companies, and/or any of our partners. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Website.

Except as provided in these Terms of Service of Website Use, the use of this Website does not grant you any right, title, interest, or license to any Materials you may access on this Website. You are entitled to use the Materials for the sole purpose of using the Website, and you may not use the Materials for any other purpose not connected with your enjoyment of the Website.

You may not use any part of the Materials on our Website for commercial purposes.

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, we are the owner 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 embodied or contained within the Website. Except as provided in these Terms of Service, your use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property. Except as provided in these Terms of Service, any use or reproduction of the Intellectual Property is prohibited.

  1. TRADEMARKS

The Company name and all related names, as well as all logos, product and service names, designs, and slogans of the Company are trademarks of Company or its licensors. You may not use such marks without the prior written consent of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  1. PROHIBITED USES

You may use this Website only for lawful purposes and in accordance with these Terms of Service. 

You agree not to use this Website to:

  • Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out below in these Terms of Service.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm Company or users of this Website, or expose them to liability.

Additionally, you agree not to:

  • Use this Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website.
  • Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
  • Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of this Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website.
  • Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this Website.
  1. PRICING, ERRORS, OMISSIONS

Pricing or other errors or omissions may occur on the Site from time to time. Company attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as it receives notice of an error. Company reserves the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Company.

  1. MONITORING, ENFORCEMENT AND TERMINATION

We have the right to:

  • Monitor your use of the Website.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
  • Terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Service.
  • Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website.
  1. INFORMATION ABOUT YOU AND YOUR VISITS TO THIS WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. LINKS FROM THIS WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. DISCLAIMER OF WARRANTIES

The Website is provided on an “as is” and “as available” basis and your use thereof is at your own risk. We and our officers, directors, employees, agents, and assigns disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. We do not warrant that the Website will be free from viruses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. Although we take reasonable steps to secure the Website, 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 Website, your sole remedy is and shall be to discontinue using the Website.

  1. LIMITATION ON LIABILITY

This Website is provided without any guarantees, conditions, or warranties as to its accuracy, to the extent permitted by law, we hereby expressly exclude and disclaim: i) all conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose, and other terms that might otherwise be implied by statute, common law or the law of equity; and ii) any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Website, any websites linked to it, and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Company’s aggregate liability arising out of or relating to these Terms of Service or your use of the Website shall in no event exceed one-hundred U.S. dollars ($100). Because some jurisdictions do not allow the exclusion or limitation of liability or damages, our liability in such jurisdictions shall be limited to the fullest extent permitted by law.

  1. INDEMNIFICATION 

You will indemnify, defend and hold the Company harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with the Website; (b) any violation of these Terms of Service or any other Company terms, conditions or policies by you or through any account you may have with any Website; or (c) your violation of any rights of any Website visitor, user, or customer, or any other third party. You agree to reimburse the Company on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such Claim(s).

  1. GOVERNING LAW; VOID WHERE PROHIBITED

All matters relating to this Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws provisions. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Company intends to make such products or services available in such countries. Any offer for any product made on this Website is void where prohibited.

  1. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Service, or this Website, must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

  1. WAIVER AND SEVERABILITY

No waiver by Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

  1. ENTIRE AGREEMENT

These Terms of Service (including our Privacy Policy) constitute the sole and entire agreement between you and Company regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website.

  1. CONTACT; VIOLATIONS

Please contact the Company if you have any questions about these Terms of Service, or to report any violations of these Terms of Service, at hello@puncherschancebourbon.com.