The use of this website provided by Webster Barnes LLC, including all brands under its portfolio, (“Company”) are subject to the following Terms & Conditions (“Terms.”). These Terms shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”).
The Company maintains the Website for the personal use of individuals who are of the legal age to consume alcoholic beverages under the laws of their jurisdiction of residence. Please exit the Website immediately if you are not of the legal age to consume alcoholic beverages under the laws of your jurisdiction of residence.
The Company may provide you with certain information as a result of your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website (“Company Materials”). Subject to these Terms, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of these Terms.
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of the Company.
All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of Webster Barnes LLC, and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Webster Barnes’ Trademarks on any other website is strictly prohibited. All of the materials contained on the Website, such as text, graphics, images, photographs, illustrations, and other materials, are protected by copyright under both United States and foreign laws, except where explicitly noted otherwise. Title to such materials retains with Webster Barnes LLC. Webster Barnes LLC will aggressively enforce its intellectual property rights to the fullest extent of the law. Any use of the materials no expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Webster Barnes LLC authorizes you to view and download a single copy of the materials solely for your own lawful, persona, non-commercial use if you include the following copyright notice: “Please enjoy responsibly. Webster Barnes LLC, FL. Copyright © 2023, All rights reserved” and retain other Trademark, copyright and other proprietary rights notices which were contained in the materials. Webster Barnes LLC neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Webster Barnes LLC. Use of any materials on the Website is at your own risk.
By using this Website, you agree to these Terms and the Privacy Policy, which is incorporated herein by reference. Each time you use the Website, you reaffirm your acceptance of the then-current Terms. If you do not wish to be bound by these Terms, your only remedy is to discontinue using the Website.
The company may change these Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms, your only remedy is to discontinue using the Website.
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
The Company may terminate these Terms with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
You agree that any dispute or claim arising out of your use of the Website, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
You and Webster Barnes LLC each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Website and the products offered on the Site (“the Products”) are provided on an “as is” basis. You acknowledge and agree that your use of the Website and products is at your sole risk. To the fullest extent permitted by Law, WEBSTER BARNES LLC, its subsidiaries, and affiliates, (The “Webster Barnes Entities”), and each of their agents, representatives and service providers, disclaim all warranties, Either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Webster Barnes Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) the Website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
The Webster Barnes Entities’, their agents’, representatives’ and service providers’ entire liability and your exclusive remedy with respect to any dispute with respect to your use of the website is to discontinue your use of the website. The Webster Barnes Entities’, their agents’, representatives’ and service providers’ shall not be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages arising from your use of the website or the products or for any other claim related in any way to your use of the website. These exclusions for indirect, special, incidental, consequential, punitive, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Webster Barnes Entities, their agents, representatives and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, The Webster Barnes Entities’, their agents’, representatives’ and service providers’ liability shall be limited to the extent permitted by law.
You agree to indemnify, defend, and hold the Webster Barnes Entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms.
