Last updated: November 10, 2021
These Sites are intended only for those who are 21 years of age or older, if in the United States, or for those of legal drinking age in their country or territory of residence. By using this Site, you certify that you are of legal drinking age in your country or territory of residence. If you are not of a legal age to consume alcoholic beverages in the country or territory of your residence, please exit this Site immediately.
The Sites and any of the content included on the Sites, which includes, including but not limited to, all copyrights, designs, logos, marks, trademarks, trade dress, images, social or traditional media materials, and any images or other content appearing in such media, as well as any other materials or intellectual property on the Sites (“Intellectual Property”) are owned, controlled or licensed by Heaven Hill Brands, its affiliates and/or brands unless noted otherwise. The Intellectual Property of Heaven Hill Brands is protected by United States and international trademark and copyright laws. You may access, view, download and print the Intellectual Property displayed on the Sites for your limited, personal, private, and non-commercial use ONLY. You may not remove any copyright, trademark, or other proprietary legends, indicating the protected status of the property, contained on any piece of Intellectual Property, nor may you modify, alter, frame, mirror, edit or otherwise change the Intellectual Property in any way. Ownership of all Intellectual Property and materials found on our Sites vests in and remains the exclusive property of Heaven Hill Brands. You do not acquire any ownership or other interest or right with respect to the information and materials accessed, viewed, and/or downloaded from this Site.
You may not distribute, convey, transmit, sell or exploit, reverse engineer, publish, nor make the Intellectual Property available to any third party in a commercial manner without the prior, express written consent of Heaven Hill Brands. Our Intellectual Property may not be used in connection with any product or services that do not belong to Heaven Hill Brands, or in any other way that may disparage, harm, cause customer confusion, or otherwise negatively impact the public image and goodwill Heaven Hill Brands. Heaven Hill Brands reserves and retains all rights in the Intellectual Property contained within these Sites not expressly granted to you in these Terms and Conditions. Heaven Hill Brands reserves the right to, in addition to seeking any other applicable legal remedy, revoke or terminate any license which Heaven Hill Brands may have extended to you to use our Intellectual Property for your limited, non-commercial, personal purposes in the event that you violate the terms of this Section 3.
Any other marks appearing on the Sites that are not owned by Heaven Hill Brands are the property of their respective owners, who may or may not be affiliated with Heaven Hill Brands.
You may only use the Site as permitted by law and as set forth by these Terms.
You are responsible for obtaining and maintaining any and all internet, telephone, computer, hardware, software, and any other equipment or services needed for access to and use of the Sites. You are also responsible for any charges and fees to maintain such equipment and/or services. As you access, use, and navigate Heaven Hill Brands’ Sites, you may be required to register an account in order to access certain features or Site functionalities. In this case, you are responsible for your account name, password, any applicable email address, or any statements, acts or omissions that may be attributable to your account name. Heaven Hill Brands reserves the right to deny you access to any username that we deem, in our sole discretion, violates the intellectual or other property rights of a third party, is offensive, or is invalid for any other reason. You are entirely responsible for all transactions, transmitted information, or any other interaction between the Sites and your username or account information. You agree that you are responsible for maintaining the security and confidentiality of any account information or password that you may use to access the Sites and that you may not transfer, transmit, or otherwise authorize any third party to access the Sites by using your password or account information. You alone are responsible for any unauthorized access or use of your account resulting from your actions that are not in keeping with these Terms. You accept and agree that it is your sole responsibility to immediately notify Heaven Hill Brands in the event of any unauthorized use of your password or username or any other unauthorized access to the Sites or breach of security related to your account information. Heaven Hill Brands is not responsible for any damages that may arise from the use of Sites by you or any account or username associated with you that are not in compliance with these Terms. Heaven Hill Brands reserves the right to suspend, terminate, restrict access, or otherwise discontinue your account or Site access, without notice to you, at any time and for any reason.
Heaven Hill Brands requires all users of its Sites to follow any and all applicable federal, state, local, and international laws and regulations, while also respecting the rights of others within the online community. Please be aware that your access to Heaven Hill Brands Sites may be suspended, terminated, or otherwise discontinued if you fail to abide by any of the rules set forth in this Section. By accessing this Site, you agree not to:
Please note that if you reside outside the United States of America, you are entirely responsible for compliance with any and all applicable local laws and regulations in relation to the Sites.
If you believe that any of the content on the Sites infringes upon any copyright held by you, please be aware that the Digital Millennium Copyright Act of 1998 (the “DMCA”) may provide you with an opportunity to request that we remove that content. Under the DMCA, upon your good faith belief that any of the materials provided on the Sites infringes upon your rights under United States copyrights law, you (or your agent) may send Heaven Hill Brands notice requesting that it remove the allegedly infringing material or block access to it. Please note that your notice under DMCA must include the following:
Please note that your failure to comply with any and all requirements under 17 U.S.C. §512 may render your DCMA notice invalid. Further, please be aware that if you knowingly make any material misrepresentations that any of the content available on the Sites infringes upon your copyright, you may be liable to Heaven Hill Brands for damages (including reasonable attorneys’ fees and court costs) under the DCMA.
If someone has filed a notice of copyright infringement against you, and your content was removed from the Sites on such basis, the DMCA permits you to send a counter-notice if you believe that your content is not infringing or that you have the authorization from the copyright owner to post and use the content. All notices and counter-notices must comply with any statutory requirements that are imposed by the DMCA. Some information that you must include on the counter-notice are as follows: (i) an identification of the content that has been removed or disabled and the location where it appeared prior to its removal; (ii) a statement by you, that it is your good faith belief that the content was removed or disabled due to a mistake; (iii) your contact information (name, address, phone number, email address); (iv) a statement, by you, consenting to personal jurisdiction of the federal courts in Louisville, Jefferson County, Kentucky USA and a consent to service of process from the individual who provided the original notification of alleged infringement; and (v) your signature (whether physical or electronic). You may find more information at https://www.copyright.gov/.
All notices and counter-notices should be sent to the following address:
Heaven Hill Brands
Attn: General Counsel
4500 Bowling Blvd.
Louisville, KY 40207
Please be aware that any contests, promotions, sweepstakes, drawings or giveaways (“Contest” or collectively, “Contests”) that you may access via any of Heaven Hill Brands’ Sites or platforms may be subject to their own terms and conditions that will govern your participation in those Contests. Those terms and conditions should be linked to each individual Contest. Please be sure to read the terms and conditions of each Heaven Hill Brands Contest in which you participate as they may differ from the Terms contained in herein. The terms and conditions for each Contest will supersede those Terms contained here, insofar as they relate directly to the rules and regulations of each particular Contest.
Your Consumer Feedback is not confidential and is not proprietary.
By submitting your Consumer Feedback or otherwise contacting us, you irrevocably grant Heaven Hill Brands and its affiliates and assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) display, distribute, publish, reproduce and create derivative works from the Consumer Feedback; (ii) communicate to the public, perform and display the Consumer Feedback (in whole or in part) worldwide and/or incorporate in other works in any form, media, or technology now known or later developed, and (iii) use and disclose the Consumer Feedback and any data derived therefrom in aggregated form, including, but not limited to, analysis and extrapolation of the Consumer Feedback and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify you.
You warrant that any and all Consumer Feedback that you provide on Our Sites are your own work and do not infringe upon the intellectual property rights of any third party. You further warrant that any content that you provide on our Sites will not cause harm or injury to any third party.
Heaven Hill Brands acknowledges that it may at times link to other sites on the World Wide Web or Internet which are not under the control of or maintained by Heaven Hill Brands. Such links do not constitute an endorsement by Heaven Hill Brands of any of those sites. Heaven Hill Brands is not affiliated with the owners of any such third-party websites unless such fact is expressly stated on our Sites. You agree that Heaven Hill Brands provides links to these third-party sites only as a convenience to you and that Heaven Hill Brands is not responsible for the accuracy, veracity, content, or information that you may find on such third-party websites that link to or are linked to by Sites. In your use of this Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors, and other users of this Site. Any such correspondence, purchase or participation, including the delivery of and payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between you and the applicable third party. Heaven Hill Brands makes no warranty, endorsement, representation, nor assumes any liability, regarding the security of your personal information that you may provide to any third party site, regardless of if you have reached that website through a link found on any of our Sites.
YOU HEREBY WARRANT, AFFIRM, AND AGREE THAT TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU BEAR FULL RESPONSIBILITY AND RISK FOR ANY INFORMATION, DATA, CONTENT OR PRODUCTS THAT YOU ACCESS, PURCHASE, INTERACT WITH, OR CHOOSE TO PROVIDE ON ANY THIRD PARTY SITE, WHETHER OR NOT YOU HAVE ACCESSED THE THIRD PARTY SITE THROUGH OR BY USE OF ANY LINK OR OTHER FUNCTIONALITY OF HEAVEN HILL BRANDS FAMILY OF SITES AND ANY SUCH THIRD PARTY SITE OR RESOURCE WILL BE GOVERNED SOLELY BY THE TERMS AND CONDITIONS OF THAT ENTITY.
While Heaven Hill Brands exerts the utmost care to maintain the accuracy and completeness of any and all information, content, product data and other such similar content that is provided on these Sites, Heaven Hill Brands does NOT make any warranty regarding such accuracy and completeness. There may be errors, out of date information, or omissions that occur on the Site from time to time and while Heaven Hill Brands will use its best efforts to correct such errors, out of date information, or omissions immediately upon their discovery this may not always be performed in a timely fashion.
If you are or become aware of any unauthorized use or alteration of the Sites, as well as any Site errors or omissions, please do not hesitate to contact us at the following web form:
THESE SITES AND ANY CONTENT, INFORMATION, OR PRODUCTS THAT MAY BE ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HEAVEN HILL BRANDS, NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT YOUR ACCESS TO AND USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HEAVEN HILL BRANDS, NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM YOUR USE OF THE SITES. HEAVEN HILL BRANDS, ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, YOUR EXPERIENCE WHILE ACCESSING THE SITE, OR ANY OF THE INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR CONSUMER FEEDBACK THAT MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, HEAVEN HILL BRANDS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. BY USING OUR WEBSITE AND ANY SUCH SERVICES, CONTENT, OR ITEMS OBTAINED BY OR THROUGH SUCH USE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, NEITHER HEAVEN HILL BRANDS, ITS SUBSIDIARIES AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DERIVED FROM ANY THEORY OF TORT, CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR ANY OTHER THEORY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, DATA OR DATA USE, GOODWILL, WORK STOPPAGE, OR LOST PROFITS, WHETHER FORESEEN OR UNFORESEEN THAT MAY RESULT FROM (A) YOUR ACCESS TO THE SITES AND YOUR ACTIVITIES THEREON; (B) YOUR USE, LACK OF USE, OR RESULTS OF YOUR USE OF OUR SITES OR ANY THIRD PARTY SITES WHICH MAY BE LINKED FROM OUR SITES; (C) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES OR MALWARE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY SITES; (D) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES; OR (E) YOUR USE OF THE SITES OR THIRD PARTY SITES TO PURCHASE OR ORDER ANY ITEMS OR PRODUCTS AND ANY LIABILITY THAT MAY RESULT FROM SUCH PURCHASES OR ORDERS.
YOU ACKNOWLEDGE THAT THE CONTENT ON THE SITES, BY ITS NATURE, MAY INVOLVE A LEVEL OF RISK, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE OR MISAPPROPRIATION, IDENTIFY THEFT, UNAUTHORIZED ACCESS TO AND DISSEMINATION OF YOUR PERSONAL INFORMATION, AND OTHER SUCH DANGERS. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT SHALL HEAVEN HILL BRANDS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT OF APPLICABLE LAW AND TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF THE SITES AND CONTENT THEREIN, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.
By accepting these Terms, you accept, acknowledge, and agree that money damages may not be a sufficient remedy for any breach of these Terms by you with relation to Intellectual Property rights. Heaven Hill Brands reserves the right, and is entitled, to the fullest extent permitted by law, to seek injunctive relief, in addition to any other available remedies, against you in any federal or state court in Jefferson County, Kentucky, USA to enjoin infringement or any other misuse by you of our Intellectual Property rights, or otherwise seek any and all available damages from you for such infringement or misuse of Our Intellectual Property rights. Any delay or failure by Heaven Hill Brands in asserting a claim or cause of action under this section shall not constitute a waiver of that claim or cause of action.
In the event that any provision of the foregoing is found unenforceable or invalid, such unenforceable or invalidated provision will be stricken from this Agreement and all other terms shall remain in full force and effect.