Terms of Use 2017-10-17T19:07:34+00:00

TERMS OF USE

Welcome to http://prescribedspirits.com (“Site”)!  This website is owned and operated by Prescribed Spirits, inc. (“Prescribed Spirits”, “we”, “our” or “us”).  Please read these Terms of Use (“Terms”) carefully as they explain what you can and can’t do on our Site. In order to accept the Terms and to use the Site, you must be at least 21 years of age (“Minimum Age”). The Site is not intended for users under the Minimum Age. If you are not at least the Minimum Age, you may not use this Site.

 

BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE, WHICH INCLUDE AND INCORPORATE BY REFERENCE OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS WHICH WE NOTIFY YOU OF WHEN YOU USE OR ATTEMPT TO USE OUR SITE.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE. 

 

  1. Changes to Terms. We reserve the right to add to, delete or modify these Terms any time and from time to time by updating or revising the Terms posted.  Such changes, modifications and deletions shall become effective immediately upon the posting thereof.  Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes.  As a result, we encourage you to review the Terms periodically.

 

  1. Changes to the Site. You acknowledge and agree that we may stop providing the services and content of our Site to you or to users generally, in whole or in part, at any time without prior notice to you, at our sole discretion.  Further, we may add, change, delete, discontinue, modify, remove or suspend any aspect of the Site’s services or Content (as defined below), at any time, without notice and without liability.  You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Site’s services.

 

  1. Privacy. We respect your privacy.  Our Privacy Policy also governs your use of our Site and forms part of our agreement with you.  Please read it carefully as it describes, among other things, how we collect and use information obtained when you use our Site. 

 

  1. Ownership and Use of Our Site and Content.All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of Prescribed Spirits and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else’s. Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of Prescribed Spirits.  You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject you to civil liability and criminal prosecution, or both under applicable federal, state and local laws. 

 

  1. Third Party Hyperlinks.Our Site may contain links to other websites (collectively, the “Third Party Sites”). The linked Third Party Sites may not be under the control of Prescribed Spirits, and unless expressly stated in the Third Party Site terms and conditions, Prescribed Spirits does not warrant, represent or assume any responsibility or liability for the accuracy, completeness of the information or software or other materials downloaded from or contained in any Third Party Site nor will we have any obligation, responsibility or liability to you or anyone else once you leave the Site. A link to a Third Party Site does not constitute a referral, endorsement of verification by us of the Third Party Site. When you leave the Site, you should confirm the terms and conditions and privacy policy that apply to you as they may differ from those on the Site. 

 

  1. Product Display and Orders.All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet. 

 

  1. Indemnification. You shall defend us against any demands, claims or actions brought against us arising as a result of any breach or violation of our Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any such Claim. We reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us in the defense, settlement or compromise of any such Claim.

 

  1. General. These Terms, together with our Privacy Policy and any other regulations, procedures and policies which we refer to are hereby incorporated by reference and contain the entire agreement you have with Prescribed Spirits regarding the Site, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, Prescribed Spirits believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

 

The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible.  Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

 

  1. Return Policy.All sales made through our Web site are subject to our return policy. Please see our return policy for additional information about retuns.

 

  1. Order Limitations. We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.

 

  1. 11. Shipping. All orders placed on our site are subject to product availability and will be shipped according to our shipping policies.In the event your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please see our shipping policy for additional information about shipping

 

  1. Force MajeureWe shall be excused from performance under these Terms if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.