Acceptance of Terms Through Use
By using the North Shore Distillery (“NSD”)
web site (the “Site”), you agree to be bound by all terms, conditions and
notices contained or referenced herein (the “Terms of Use”) and by the
terms of our Privacy Policy. We reserve
the right to change the Terms of Use by posting revisions to the Site at
any time. Your continued use
of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review
the Terms of Use at the start of each use of the Site, and if you do not
agree to the terms of this or any revised version, please exit the Site
immediately. NSD reserves the
right, in its sole discretion, to terminate your access to all or part of
the Site, with or without notice.
Links to Third Party Sites
The Site may contain links to
web sites operated by third parties.
The linked web sites are not under our control, and we are not
responsible for the contents of any linked web site. Please review the linked site,
and, if you do not agree to be bound by the terms governing that web site,
we recommend that you terminate your visit to that web site. We provide links only as a
courtesy, and such links do not imply our endorsement of any linked web
site.
Intellectual Property
You acknowledge that materials
available on the Site include copyrights, trademarks, service marks,
patents, trade secrets or other proprietary materials (“Intellectual
Property”) that are owned by NSD or our licensors. You may download or print copies
of portions of the materials on the Site, provided that you only use such
copies for your own non-commercial use and do not modify or alter these
copies in any way, or delete or change any copyright, trademark, patent or
other notices therein. No right, title or interest
in any downloaded or printed materials is transferred to you. Except as we may expressly
authorize, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from the materials on the Site. You may only use the Intellectual
Property or other materials on the Site as expressly permitted in this
Terms of Use and for no other purpose.
If you submit
comments, suggestions, ideas or other communications to NSD
(“Submissions”), your submission shall constitute an unrestricted
worldwide license for NSD to reproduce and use such Submissions in any
manner and in any medium it wishes, without any compensation paid to
you. Therefore, we request
that you do not provide Submissions of confidential information or other
creative materials in which you do not wish to grant us
rights.
Disclaimer
of Warranties
YOU EXPRESSLY AGREE THAT ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS
IS” FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NSD NOR OUR SUBSIDIARIES
OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE
SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
NSD, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON
THE SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NSD’S LIABILITY SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
Indemnification
You agree to defend,
indemnify, and hold NSD and our subsidiary and other affiliated companies,
and their employees, contractors, officers and directors harmless from all
liabilities, claims, and expenses, including attorney fees that arise
from your use or misuse of the Site or the content therein. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available
defenses.
International
Use
By choosing to access the Site
from any location other than the United States, you accept full
responsibility for compliance with all local laws that are
applicable. NSD makes no
representation that materials on the Site are appropriate or available for
use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. If you
are purchasing products for export, you are responsible for the necessary
export documentation before shipment is made to a foreign
country.
Choice of
Law
This Terms of Use agreement
shall, for all domestic and international purposes, be governed,
interpreted, construed, and enforced solely and exclusively in accordance
with the laws of the State of Illinois, U.S.A., without regard to conflicts of
law provisions. You expressly
agree that the exclusive jurisdiction for any claim you may bring relating
to these Terms of Use or your use of the Site shall be filed only in the
state or federal courts located in the State of Illinois, U.S.A., and you
further agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or
action.
Integration and Severability
This Terms of Use constitutes
the entire agreement between you and NSD with respect to the Site and
supersedes all prior or contemporaneous communications and proposals
between us with respect to this site. If any provision of this Terms of
Use is determined to be invalid or unenforceable, all other provisions
shall remain in full force and effect.
Payment
Terms By placing an order on the
Site, you authorize NSD or its authorized agents to collect payment from
your credit card for all charges you incur. Prices listed on the Site do not
include shipping, handling, taxes or insurance, unless otherwise
specified.
Product
Information
NSD’s goal is to accurately
describe all products offered for sale on the Site; however, the Site may
contain typographical errors or other inaccuracies and may not be complete
or current. All product
specifications, which include dimensions, are subject to change without
notice. Therefore, with respect to description, pricing, quantity and
availability of products, and shipping and handling fees, we reserve the
right to correct any errors, inaccuracies or omissions and to change
information at any time without prior notice (including after you have
submitted your order).
Contacting NSD
If you have any questions or
comments about these Terms of Use, please contact us by email at
store@northshoredistillery.com or by phone at 847.574.2499. Please provide a concise
communication with complete information, including your contact
information. |
