hrvstr.com TERMS OF USE
Last updated: February 8, 2021
Welcome to the hrvstr.com/bourbon website (the “Site”), provided by hrvstr, LLC, LLC. (“hrvstr, LLC”). You accept and agree to these Terms of Use (the “Terms of Use”) when you visit the Site, whether you access the Site through a personal computer, mobile device or any other means, so please read the Terms carefully. We may modify the Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms of Use in effect at that time.
Privacy
Our Privacy Policy also governs your access to and use of the Site and information you provide or we collect on or through the Site and is incorporated into these Terms of Use by reference. Please review the Privacy Policy to learn about the information we collect and how we use and disclose such information. The Site is not directed at children, and hrvstr, LLC will not knowingly collect personally identifiable information from any child under age 13.
Trademarks
hrvstr, LLC; shrd and other names and logos used for hrvstr, LLC and other entities under common ownership or control with hrvstr, LLC (“Site Affiliates”) or for products or services of hrvstr, LLC or Site Affiliates are trademarks of hrvstr, LLC or the applicable Site Affiliates in the United States and other countries. hrvstr, LLC’s and Site Affiliates’ trademarks may not be used without prior written permission from hrvstr, LLC or the applicable Site Affiliate, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages hrvstr, LLC or any Site Affiliate or its or their respective products or services. Trademarks and trade names on the Site that are not owned by hrvstr, LLC or a Site Affiliate are the property of third parties who may or may not be affiliated with hrvstr, LLC.
Copyright
All content on the Site, including, without limitation, the text, graphics, images, audio clips, logos and icons, and the compilation and layout of content on the Site, is the property of hrvstr, LLC and protected under the United States and international copyright laws. Software used on the Site is the property of hrvstr, LLC or its software vendors and is protected under the United States and international copyright laws.
Access and Use of the Site
hrvstr, LLC grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to hrvstr, LLC’s prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by hrvstr, LLC, provided that such link does not disparage or defame hrvstr, LLC or its products or services and that you remove any such link upon demand by hrvstr, LLC.
You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.
Visitor Content
Personal profiles, comments and other content posted by you or by third parties (“Visitor Content”) may be available on or through the Site. You acknowledge that any Visitor Content you submit or post or that is submitted or posted by any third party is not endorsed by hrvstr, LLC and does not reflect the opinion, recommendation or advice of hrvstr, LLC in any manner, and you agree that hrvstr, LLC is not responsible for, and has no liability in connection with, any Visitor Content. If you believe that any content on the Site violates these Terms of Use, any law or any right of a third party, please let us know.
You agree that any Visitor Content you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false email address, impersonate any person or otherwise mislead as to the origin of any Visitor Content.
You grant hrvstr, LLC an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Visitor Content you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with Visitor Content, in hrvstr, LLC’s discretion.
You warrant that you own or control all of the rights in and to your Visitor Content and that use of your Visitor Content does not violate these Terms of Use and will not cause damage or injury to any person or entity.
hrvstr, LLC has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. hrvstr, LLC is not responsible for, and assumes no liability for, any Visitor Content or any other content posted by you or any third party.
Electronic Communication
By accessing or visiting the Site, registering with the Site, completing a profile on the Site, sending an email to hrvstr, LLC or otherwise communicating with hrvstr, LLC through the Site, you are communicating with hrvstr, LLC electronically, and you agree to receive electronic communication from hrvstr, LLC, by email and by posting to the Site. You agree that any electronic communication from hrvstr, LLC satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to hrvstr, LLC or the Site, by posting to the Site, email or otherwise, are and will be treated as non-confidential and non-proprietary.
Copyright Complaints
If you believe any content on the Site infringes your copyright interest, please provide the hrvstr, LLC Copyright Agent with the following information in writing:
- A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- A description of where the allegedly infringing content is located on the Site.
- Your address, telephone number and email address.
- Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
- Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
hrvstr, LLC’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
hrvstr, LLC Copyright Agent
copyrightagent@hrvstr.com/bourbon
Purchase
Any areas of the Site where visitors can make purchases are run by third parties, who are responsible for product descriptions and purchase transactions through such areas. Any warranty for a product offered through any such area of the Site is provided by the third party that runs such area. hrvstr, LLC has no responsibility for, or liability in connection with, any such area of the site.
Links
The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third-party site, product or service or indicate any affiliation with the owner or operator of such sites. hrvstr, LLC is not responsible for the content of any third-party site or for the practices of its owner or operator.
Warranties
You hereby represent and warrant that: (a) you have the full power and authority to accept these Terms of Use and perform as provided herein; (b) your access to and use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (c) you will comply with all applicable laws, statutes and regulations in accessing and using the Site and in engaging in all other activities arising from, relating to or connected with the Site and/or these Terms of Use.
Indemnity
You agree to indemnify and hold harmless hrvstr, LLC and other Site Affiliates and each of their respective subsidiaries, affiliates, members, shareholders, managers, officers, directors, employees, licensees, licensors, agents and attorneys (the “Indemnified Parties”) from any claim, demand, action, damage, loss, cost or expense, including, without limitation, attorneys’ fees, incurred in connection with or relating to (a) your Visitor Content; and/or (b) your breach or an alleged breach of any obligation or warranty under these Terms of Use. hrvstr, LLC will have the sole right to control the defense of any indemnified claim.
Disclaimer of Warranties/Limitation of Liability
THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, STATUTES AND REGULATIONS, hrvstr, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. hrvstr, LLC DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL hrvstr, LLC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF hrvstr, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, hrvstr, LLC’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, STATUTES AND REGULATIONS, AND hrvstr, LLC’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $50.00.
Dispute Resolution
You agree that the laws of the State of Delaware, USA, without regard to conflicts of law principles, govern the existence and construction of these Terms of Use and any dispute that may arise between you and hrvstr, LLC and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by hrvstr, LLC or through the Site will be exclusively resolved by binding arbitration.
The arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms of Use. Any in-person arbitration will take place in Washington, DC. If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction in Delaware could grant in conformity to applicable laws, statutes and regulations, subject to the limitations set forth in this Agreement. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award. The arbitrator’s award shall be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.
You and hrvstr, LLC agree that all arbitration proceedings will be confidential and further agree not to make any public announcement with respect to the arbitration or any court action taken to enforce the arbitrator’s award, including the fact that the arbitration or court action is being conducted or disclose any aspect thereof, including any testimony, discovery and any documents filed in the course of such proceedings, except to the arbitrator and his/her staff, the parties’ attorneys and their staff, any experts retained by the parties, and to the court, as necessary to enforce the arbitration award, provided that at the request of a party, the parties will cooperate in seeking a protective order with respect to any such information disclosed to the court.
For more information, you may contact JAMS in writing at 1155 F Street, NW Suite 1150 Washington, DC 20004 USA, or visit their website at http://www.jamsadr.com/. Under JAMS rules, you also may have the right to take certain qualifying disputes to small claims court. Unless otherwise provided in JAMS rules or the arbitration award, you and hrvstr, LLC will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case. The failure of a party to timely pay its portion of any administrative fees or expenses shall entitle the other party(ies) to a default award (if the non-paying party is the respondent) or dismissal with prejudice (if the non-paying party is the claimant).
Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. Any dispute or claim arising out of or relating to these Terms of Use must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law. If notwithstanding the provisions of these Terms of Use, a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. Notwithstanding this dispute resolution provision, hrvstr, LLC shall have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.
General
The Site is controlled and operated by hrvstr, LLC. hrvstr, LLC makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws, statutes and regulations of your jurisdiction. hrvstr, LLC reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.
These Terms of Use, including the Privacy Policy incorporated by reference, as such Terms of Use and Privacy Policy, may each be amended by hrvstr, LLC from time to time upon posting to the Site, set forth the entire understanding of you and hrvstr, LLC as to the subject matter hereof. Paragraph headings are for convenience of reference and are not a part of these Terms of Use. If any provision of these Terms of Use is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable in any jurisdiction, the remainder of the Terms of Use shall remain in full force and effect in such jurisdiction, all of these Terms of Use will remain in full force and effect in all other jurisdictions and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms of Use by hrvstr, LLC must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions about these Terms of Use or the Site? Please contact us:
Email: support@hrvstr.com
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