Terms & Conditions

This site is made available by Michter’s Distillery LLC (“Michter’s”). Throughout this site, the terms "Michter’s," "we," "us," and "our" refer to Michter’s Distillery LLC, Louisville, KY. When you access and use this site, you agree to the terms and conditions that follow. We reserve the right, in our sole discretion, to modify or update these terms and conditions from time to time. If you do not agree to these terms and conditions, you must exit this site immediately.

 

Visitor Privacy

Legal Purchase Age

You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside. We do not intend to collect personal information from any individuals under the legal purchase age or market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from our files.

 

Information We Collect/Use of Information

We are committed to protecting the privacy of visitors to this site. You may choose to provide us with personal information if, for example, you contact us with an inquiry or request us to provide you with information. You are under no obligation to provide us with this information. When you provide any personally-identifying information to us, you communicate that you are knowingly and voluntarily providing us the information. We may use such information in order to communicate with you about our products and those of our subsidiaries, affiliates, and parent companies and any of their related businesses; we may respond to the electronic mail messages you send us; take other action indicated in the part of the site where the information is requested; and use such information for any other business purpose of Michter’s or any of its subsidiaries, affiliates and parent companies. If you do not wish to be contacted by us, you may let us know by sending an email message to us at info@michters.com. Please be sure to give us your exact name and e-mail address, and your detailed request so we can respond appropriately.

You also should be aware that we may collect certain usage information about our site, such as the number and frequency of visitors to certain parts of the site. We automatically collect certain types of usage information when you visit our website or use our Service, using cookies, log file information, clear gifs or web beacons and other similar technology. Using these technologies, we collect information such as your IP address, information about your activity on our site, information about your browser, referral/exit information and similar information. We may use the data collected through cookies, log file and clear gifs information to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our website; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service. 

 

What Information We Share

We try to make sure that the personally-identifying information you provide us remains private. We will not sell, rent, trade or otherwise disclose the personally-identifying information you provide to anyone outside of Michter’s or any of its subsidiaries, affiliates, parent companies and its/their respective service providers, unless we/they are required by law or have a good faith basis for believing that you are in violation of these policies or federal, state or local laws, or if all or a portion of our company assets are acquired, sold or otherwise transferred during a sale, merger, other corporate transaction or in bankruptcy. Although we will use all reasonable efforts to safeguard the confidentiality of any personally-identifying information collected, we will not be liable for disclosure of such information obtained due to errors in transmission or the unauthorized acts of third parties.

 

Online Advertising

We may permit third party online advertising networks to collect information about your use of our website over time so that they may play or display ads that may be relevant to your interests on our website as well as on other websites around the Web.  Typically, the information we share is provided through cookies or similar tracking technologies.  The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device.  Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools.  (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org  and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). 

 

Information Stored in the United States

Your information collected through this website will be stored and processed in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you consent to the transfer of information to the U.S. or any other country in which Company or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.    

 

Information You Submit

If you communicate information other than personally-identifying information through this site, including suggestions about the site, product and advertising ideas, and any other such information, that information will belong to us and may be used, reproduced, modified, distributed and disclosed by us in any manner we choose, without paying compensation to you.

 

Links To Other Websites

On this site, we may provide links to other websites as a convenience. Each website has its own privacy practices, as described in that site's privacy policy. Please read each website's privacy policy carefully before you use or submit information to that site. We do not control and are not responsible for linked websites and therefore, cannot be responsible for any information that you may submit at that site.

 

Visitor Site Usage

Site Age Limitation

Michter’s and its representatives and agents maintain this site for the personal use of people who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. If you are not of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older, please exit this site immediately.

 

Intellectual Property

We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the site, unless otherwise indicated. Except with respect to the limited, non-exclusive license to access and view this site (including all its contents) and download and print certain material from this site as set forth below in the section entitled “Use of Material”, use of the site does not grant you any right, title, interest or license to any such intellectual property on the site. Except as set forth below in the section entitled “Use of Material”, you may not display, reproduce, distribute, modify, transmit, or otherwise use any of the intellectual property of Michter’s in any way for any public or commercial purpose, without the prior and express written consent of Michter’s.

 

Use of Material

This site (including all its contents) is the property of Michter’s or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, lawful, non-commercial use only, so long as you do not remove any copyright or other proprietary notices that appear on the material you print or download. If you are a distributor, you may also print and download the sell sheets (if available) for the sole purpose of promoting the products of Michter’s. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site, including by uploading the material or otherwise making the material available online. All rights not expressly granted here are reserved to Michter’s.

You may not use any computer program tools to access, acquire, copy or monitor any portion of the site or obtain materials or information through any means not purposely made available through the site.  

 

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

MICHTER’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MICHTER’S, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES (OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY EFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY), YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE.

YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS ATYOUR SOLE RISK.

 

Indemnity

You shall indemnify, defend and hold harmless Michter’s, its subsidiaries and affiliates and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by a third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this site, content you transmit to this site, or your breach of the terms and conditions or any other laws, regulations and rules. Michter’s reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Michter’s.

 

Jurisdiction

The terms and conditions shall be governed by and construed in accordance with the laws of New York, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of New York for any action arising from or relating to the terms and conditions or your browsing or use of this site.

 

Outside the United States

This site is intended for use by U.S. residents who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. Michter’s makes no claims that the content of this site is appropriate or may be downloaded outside of the U.S. If you access this site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product do not imply that Michter’s intends to make such products available in all countries.  

 

Changes to this Site & Privacy Policy

We reserve the right, at our complete discretion, to change this Site & Privacy Policy at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

 

Modifications to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, change or suspend any aspect of the site, including, but not limited to, content, features or hours of availability. Michter’s may impose limits on certain features of the site or restrict your access to part or the entire site without notice or penalty.

 

Materials Submitted by You

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgment of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

 

Linking Policy

This site may provide, as a convenience to you, links to sites owned or operated by parties other than Michter’s. Each linked website has its own terms and conditions of use, as described in such site's terms of use. Please read each website's terms of use carefully before you use that site. Michter’s does not endorse the content on such sites (including but not limited to, any products or services available) and is not responsible for the availability, content or security of these external sites. If you link to such sites you do so at your own risk.

 

How to Contact Us

If you have any questions about this Site & Privacy Policy, please contact us by e-mail at info@michters.com.

 

Miscellaneous

If any provision of this Site & Privacy Policy is unlawful, void or unenforceable, the remaining provisions will remain in place. This is the entire agreement between you and Michter’s regarding all aspects of your use of this site. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. We shall not be required to post a bond or other security in order to obtain injunctive relief. This Site & Privacy Policy binds and inures to the benefit of your and our respective successors, assigns, heirs, executors, trustees and administrators, as applicable.

This Privacy Policy is effective August 13, 2014