Terms of Service
By accessing or using totalbourbon.com, you agree to be bound by these Terms of Service (“Terms”), which govern your access to and use of the services provided by TOTAL BOURBON through TOTALBOURBON.com (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
In reading this contract, it is important to understand what TOTALBOURBON is, which we have explained in the first section below. Part of our purpose here is to establish a network among stakeholders, of which TOTALBOURBON is but one part. Hence, we welcome your questions and comments on this document: info @ TOTALBOURBON (dot) com.
THIS SITE IS INTENDED FOR USE BY ADULTS AGES 21+ ONLY
1. TOTALBOURBON's Mission
Established to deliver the most exclusive spirits from across the globe to all who seek them. Once rare and private collections have been Allocated and now await your discerning tastes.
2. The Services.
2.1 The Services that TOTALBOURBON provides are always evolving and the form and nature of the Services that TOTALBOURBONprovides may change from time to time. The Services may include an ability for you to post Content that is beneficial to other members of our community. Your posting of any Content, if permitted by TOTALBOURBON, will be subject to these Terms.
2.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by TOTALBOURBON on the Services are subject to change. In consideration for TOTALBOURBON granting you access to and use of the Services, you agree that TOTALBOURBON and its third party providers and partners may place such advertising in connection with the display of Content submitted by you.
2.3 The TOTALBOURBON site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of TOTALBOURBON, such as web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, e-mail, text messages, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
2.4 It is not necessary to register an account with TOTALBOURBON in order to use the Services.
3. Use of the Services By You.
3.1 You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the United States and the country in which you are resident or from which you use the Services.
3.3 In order to access certain of the Services, you may be required to provide information about yourself. You agree that any information you give to TOTALBOURBON will always be accurate, correct and up to date.
3.5 You agree that you are solely responsible for (and that TOTALBOURBON has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TOTALBOURBON may suffer) of any such breach.
3.6 You agree that TOTALBOURBON shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with other users of the Services or third parties accessed through TOTALBOURBON site or Services. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TOTALBOURBON is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TOTALBOURBON, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
3.7 You agree to indemnify and hold TOTALBOURBON, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
4. Content on the Services
4.1 TOTALBOURBON presumes that any and all Content you submit, post or display on or through the Services is copyright-free. Any posting on TOTALBOURBON should only describe the underlying facts about the thing you are seeking or offering, in a way that can be shared with anyone else in the TOTALBOURBON community or the broader universe. To the extent that you may later decide to assert a copyright as to a posting, you hereby grant TOTALBOURBON and its affiliates a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), and to grant and authorize sublicenses and assignments (through multiple tiers) of the foregoing.
4.2 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Under no circumstances will TOTALBOURBON be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.￼
5. Notification of Claims of Infringement
5.1 It is TOTALBOURBON policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
5.2 If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6. Prohibited Content / Actions
6.1 You agree not to post, submit, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
4. that impersonates any person or entity, including, but not limited to, a craigslist employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
5. that includes personal or identifying information about another person without that person’s explicit consent;
6. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
9. that constitutes or contains any form of advertising or solicitation if: posted in areas of the TOTALBOURBON sites which are not designated for such purposes; or emailed to TOTALBOURBON users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
10. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
12. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
6.2 You agree to treat other users of TOTALBOURBON in a respectful manner. Specifically, you agree not to:
1. contact anyone who has asked not to be contacted;
2. “stalk” or otherwise harass anyone;
3. collect private data about other users for unlawful purposes.
4. use any form of automated device or computer program (“flagging tool”) that enables the use of TOTALBOURBON “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
6.3 You agree to refrain from taking actions or employing tools that are likely to have a material impact on performance or stability of TOTALBOURBON system, as determined by TOTALBOURBON in its sole discretion. Such actions might include use of any form of automated device or computer program that fails to comply with TOTALBOURBON API specifications for the format and throughput limits for such automated submissions.
7. TOTALBOURBON Right to Terminate or Limit Service
7.1 TOTALBOURBON may sTOTAL (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Further, TOTALBOURBON may at any time, in its sole discretion, disable access to your account. If so, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
7.2 You acknowledge that TOTALBOURBON may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that TOTALBOURBON has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
7.3 You agree that TOTALBOURBON, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TOTALBOURBON believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that TOTALBOURBON shall not be liable to you or any third-party for any termination of your access to the Service.
8. Privacy and Your Personal Information
8.2 You agree to the use of your Content in accordance with TOTALBOURBON privacy policies.
9. TOTALBOURBON Proprietary Rights
9.1 You acknowledge and agree that TOTALBOURBON (or TOTALBOURBON licensors) own all legal right, title and interest in and to the Services (other than Content provided by users), including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). TOTALBOURBON hereby grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TOTALBOURBON, in the manner permitted by these Terms.
9.2 Nothing in the Terms gives you a right to use the TOTALBOURBON name or any of the TOTALBOURBON trademarks, logos, domain names, and other distinctive brand features. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Should you decide to reuse data from the TOTALBOURBON Service, you agree to provide attribution to TOTALBOURBON as the source of that data in the form reasonably acceptable to TOTALBOURBON.
10. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY
10.1 YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TOTALBOURBON AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. TOTALBOURBON WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT TOTALBOURBON HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOTALBOURBON OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTALBOURBON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TOTALBOURBON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General Legal Terms
11.1 You may use the Services only if you can form a binding contract with TOTALBOURBON and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms.
11.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof.
11.3 The Terms constitute the whole legal agreement between you and TOTALBOURBON and govern your use of the Services (but excluding any services which TOTALBOURBON may provide to you under a separate written agreement), and completely replace any prior agreements between you and TOTALBOURBON in relation to the Services.
11.4 You agree that TOTALBOURBON may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
11.5 You agree that if TOTALBOURBON does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TOTALBOURBON has the benefit of under any applicable law), this will not be taken to be a formal waiver of TOTALBOURBON rights and that those rights or remedies will still be available to TOTALBOURBON.
11.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.7 You acknowledge and agree that each member of the group of companies of which TOTALBOURBON is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
11.8 The Terms, and your relationship with TOTALBOURBON under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties will submit all disputes arising out of or relating to this Agreement, or the subject matter hereof, to final and binding arbitration in San Francisco, California, in accordance with the then-existing rules (the “Rules”) of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any such arbitration, the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each party and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The parties understand that in agreeing to arbitration they are waiving any rights they might otherwise have to a jury trial. Notwithstanding this, you agree that TOTALBOURBON shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
12. Returns & Exchanges
ALL SALES OF TOTALBOURBON PRODUCTS ARE FINAL. Please double check your order prior to checkout. Apparel or accessories may be eligible for return, refund, or exchange with any associated/additional shipping costs being paid by the customer unless the return is a result of an error on our end. Please CONTACT US for more details.