Welcome to the Kentucky Distillers’ Association website (the “Website”). To access this Website you must be of legal drinking age in the country where you reside. You must exit this Website immediately if you are not of a legal age for consuming alcoholic beverages in the country in which you reside or if you are in a country or territory where access to this Website is not permitted.
Last updated: June 26, 2014
1. Scope of Agreement
2. Binding Agreement.
3. Modification of Website or Agreement.
KDA may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all of the services, Content, or transactions offered through this Website), in whole or in part, without notice or liability to You. KDA reserves the right to modify this Agreement at any time at its sole discretion. If KDA changes these terms and conditions, KDA will post the date of the last revision at the top of this Agreement and will post the revised version on the Website. The modified version of the Agreement will apply to all access and use of the Website and the Content provided in the Website thereafter. Additionally, KDA may send an email to you notifying you of the changes to these terms and conditions at the time the revisions are made. By continuing to access and use the Website once the modified Agreement is posted, You indicate Your assent to the modifications and Your agreement to be bound by this Agreement as modified.
4. Availability and Use of Website.
(a) Availability. The availability of this Website depends on many factors, including some factors that are beyond KDA’s control, such as Your connection to the Internet and the Internet backbone. KDA shall not be liable to You if You cannot use this Site for any reason.
(b) You represent and warrant that You are 21 years of age or older and have the ability to enter into this Agreement.
(c) Restrictions on Use. You must use this Website only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Website (a) to reverse engineer or decompile it, or to gain access (or attempt to access) areas or Content provided on the Website or KDA’s services for which You do not have the proper authorization; (b) to impersonate any person or entity (including KDA or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or KDA’s services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in Section 4(c) above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of- service attack; (l) in a manner that KDA determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the Content provided through the Website, or KDA’s services.
5. Term; Termination.
(a) Termination. In addition to any other legal or equitable remedies, KDA may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting KDA by e-mail at to email@example.com or by regular mail to 614 Shelby Street, Frankfort, KY 40601.
(b) Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Website and KDA may, in addition to any other legal or equitable remedies, deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions that by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
6. Intellectual Property.
(a) Intellectual Property Laws. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Website and the Content provided therein, and any unauthorized access to or use of this Website or the Content therein may violate such laws. KDA reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
(b) Ownership. All information and data that is part of this Website, including without limitation, text, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website including BOURBON TRAIL™, KENTUCKY BOURBON TRAIL® and the Rolling Barrel Design™ (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of KDA or third parties used by KDA pursuant to license or in accordance with applicable law. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of KDA or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of KDA, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of KDA.
(c) Notices. You shall not remove any copyright, trademark, or other proprietary legends or
notices that appear on, in or as part of this Website.
7. Links to Other Internet Sites.
This Website may contain links to Internet sites owned, operated or maintained by third parties not under KDA’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be KDA’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
8. Warranty Disclaimer; Limitation of Liability.
(a) Disclaimer. All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that You use this Website is at Your own risk. KDA does not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, error- free or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. KDA disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. KDA shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Site or on any site linked to the Website.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KDA, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF KDA HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KDA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FROM ANY OTHER USER OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE.
You agree to indemnify, defend and hold harmless KDA, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. KDA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with KDA’s defense of such claims.
10. Relationship Between the Parties.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and KDA as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of KDA and KDA shall not be liable for any representation, act or omission by You to the contrary.
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of KDA’s successors, assigns and licensees.
12. Governing Law and Jurisdiction; Limit on Commencing Actions.
(a) Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Commonwealth of Kentucky, U.S.A. in all disputes arising out of or relating to the use of this Site.
(b) Limitation on Actions. You must commence any cause of action or claim against KDA within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
13. International Access.
This Website can be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.
14. Contact Information.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website by e-mail to firstname.lastname@example.org or by regular mail to 614 Shelby Street, Frankfort, KY 40601.
15. Waiver; Severability; Integration.
No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in KDA’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by KDA shall not obligate KDA to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.
16. Reservation of Rights.
KDA reserves to itself any and all rights not expressly granted herein.