A. You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Barsol, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.

B. As between you and the Barsol, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

C. We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. Except for allowing you to use the Site for your personal use as set forth in these Terms and Conditions, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Barsol.

D. Unless specifically requested, Barsol does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Barsol will be deemed not to be confidential or secret. By submitting or sending information, material or content in any form to the Site, for instance, in the form of a review, testimonial, comment, or picture, (“User Content”) to Barsol you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information, material or content in any form to the Site you grant to us and our licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at our sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations, and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. You also warrant that any “moral rights” in posted materials have been waived.

A. When you place an order or when becoming a Customer or otherwise providing an email address to us, you will receive online communications from Barsol. To unsubscribe from any Barsol email marketing list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.

You acknowledge that text alerts may be sent to the mobile phone number you provide to Barsol. Such alerts may include limited personal information about your purchases, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your purchases, new product updates, and special promotion information. Barsol does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. You may opt out of Barsol text alerts at any time. After you submit a request to unsubscribe, you will receive one final text alert from Barsol confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-consent to receiving them. For questions about text alerts contact [email protected].

The Barsol text alert program is offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Barsol may change or discontinue any of its text alert programs without notice or liability to you. Barsol and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Barsol text alert program or from technical failures or delays of any kind. Barsol reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.

A. The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history, purchase history or site activity.

B. The manner, mode, and extent of advertising by Barsol is subject to change without notice.

A. You may be able to access other websites or resources through links on the Site. Because Barsol has no control over such sites and resources, you acknowledge and agree Barsol is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials from such sites or resources to which you may link from the Site (“Linked Sites”). Barsol does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Barsol is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites or resource.

A. We may, from time to time, offer a credit for new-member referrals (“New Member Credits”). New Member Credits, if any, will be issued by Barsol and not our Vendors. New Member Credits may only be earned after new members that have been invited by a current member make at least one completed and shipped purchase in the amount of $30 or more within the first 30 days upon receipt of their invitation. New Member Credits carry no cash value and can only be used for purchases on the Site. New Member Credits expire one month from the date of issue and are non-transferrable. New Member Credits granted by any other means other than as a result of the initial, completed and shipped purchase by a new member introduced to Barsol for the first time by a referring member are in violation of these Terms and Conditions. You may not use spam to obtain referral credits, and you agree not to send invitations to join the Site to people who are under the age of 21, who do not know you or who are unlikely to recognize you as a known contact.

B. In addition to New Member Credits, we may issue or offer credits for returns and gift certificates. If we choose to offer these, the credits and gift certificates will be issued by Barsol and not our Vendors and will carry no cash value and will expire (if they expire) on the date specified. Credits and certificates are non-transferrable and may only be used to purchase products and services on the Site. Expired New Member Credits, credits and gift certificates may not be re-activated.

C. Any referral credit or gift certificate granted in violation of these Terms and Conditions is null and void and subject to immediate cancellation or termination of all referral credits or gift certificates. We reserve the right to modify or amend these Terms and Conditions at any time and the methods by which special promotions or benefits are offered or earned.

D. You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.

A. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BARSOL DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BARSOL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARSOL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

B. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

A. IN NO EVENT SHALL BARSOL OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF BARSOL OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE (YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND ANY CHANGE MADE BY BARSOL TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

A. We strive to offer our members and customers a seamless and enjoyable experience by curating a variety of spirits on our site. You understand and agree that your account, membership, or registration in Barsol is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and Barsol constitute grounds for immediate termination of your account without further notice at our sole discretion. Barsol may also terminate your account at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Barsol community. Termination of your account will result in cancellation of all rights of access and use of Services granted to Customers. Barsol reserves the right to change, discontinue or suspend Barsol or any of the Service at any time for any reason. You may terminate your account or use of the Service at any time by deleting your account information on your account page on the site or sending a request to [email protected]. Barsol shall have decision making in cases of suspected abuse, fraud, or breach of these Terms. Any decision Barsol makes relating to termination or suspension of any Customer’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Disclaimer of Warranties, Liability Limitation, Access to Services, Account, Passwords, Privacy and Security, Intellectual Property, Communications, Transactions, Miscellaneous and BINDING ARBITRATION, CLASS ACTION WAIVER and EQUITABLE RELIEF shall survive any such termination.

A. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Barsol for any violation of Barsol’s proprietary or other rights, any and all disputes relating to these Terms, Privacy Policy, or your use of the Site or the Service shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA as described below. The location of arbitration shall be New York County, New York, USA.

A. These Terms and Conditions constitute the whole legal agreement between you and Barsol and govern your use of the Site and completely replace all prior agreements between you and Barsol in connection with the Site.
You acknowledge and agree that Barsol may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.

B. You acknowledge and agree that each subsidiary and affiliate of Barsol shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third-party beneficiary of the Terms.

C. The failure of Barsol to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

D. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

E. We control and operate this Site from New York. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

F. When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.

In the event of a dispute arising under or relating to these Terms of Use or the Website (each, a “Dispute”), either you or Barsol may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR BARSOL CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by you and Barsol, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.comm. Each of you and Barsol will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 9 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.