WEBSTER BARNES WEBSITE TERMS OF USE

These Terms of Use govern your use of the Webster Barnes website (the “Site”) which is owned and operated by Webster Barnes LLC (“Webster Barnes”). Please read these Terms of Use carefully before using the Site.

AGREEMENT TO TERMS

Webster Barnes maintains the Site for the personal use of individuals who are of the legal age to consume alcoholic beverages under the laws of their jurisdiction of residence. Please exit the Site immediately if you are not of the legal age to consume alcoholic beverages under the laws of your jurisdiction of residence.

By using the Site, you agree to these Terms of Use and the Privacy Policy, which is incorporated herein by reference. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Site.

Webster Barnes may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

WEBSTER BARNES TRADEMARKS AND COPYRIGHTS

All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Webster Barnes and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Webster Barnes’s Trademarks on any other website is strictly prohibited. All of the materials contained on the Site, such as text, graphics, images, photographs, illustrations, and other materials, are protected by copyright under both United States and foreign laws, except where explicitly noted otherwise. Title to such materials retains with Webster Barnes. Webster Barnes will aggressively enforce its intellectual property rights to the fullest extent of the law. Any use of the materials no expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Webster Barnes authorizes you to view and download a single copy of the materials solely for your own lawful, persona, non-commercial use if you include the following copyright notice: “Please enjoy responsibly. Copyright © 2021, Webster Barnes Corporation, New York, N.Y. All rights reserved” and retain other Trademark, copyright and other proprietary rights notices which were contained in the materials. Webster Barnes neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Webster Barnes. Use of any materials on the Site is at your own risk.

HYPERLINKS

This Site may contain hyperlinks to third-party websites. Webster Barnes does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Webster Barnes is not responsible or liable for any content or other materials on these third party websites.

LINKING THIS SITE

If you would like to link to this Site you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions: (1) you do not remove, distort or otherwise alter the size or appearance of the Webster Barnes Trademarks or the logos of its imported / distributed products; (2) you do not create a frame, table or any other browser or border environment around this Site; (3) you do not in any way imply that Webster Barnes is endorsing any products or services other than its own and those of its portfolio; (4) you do not misrepresent your relationship with Webster Barnes nor present any other false information about Webster Barnes or the contents of its portfolio; (5) you do not otherwise use any Webster Barnes Trademarks without written permission from Webster Barnes; (6) you do not link from a website that is not owned by you; and (7) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

GOVERNING LAW AND SEVERABILITY

These Terms of Use shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in Miami, Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

WARRANTIES

The Site and the Products are provided on an “as is” basis. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSTER BARNES, ITS SHAREHOLDERS, SUBSIDIARIES, AND AFFILIATES (THE “WEBSTER BARNES ENTITIES”), AND EACH OF THEIR AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Webster Barnes Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Site will be reliable, accurate, complete, or updated on a timely basis; (b) the Site will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

LIMITATION OF LIABILITY

THE WEBSTER BARNES ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. THE WEBSTER BARNES ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOST OR STOLEN PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE WEBSTER BARNES ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WEBSTER BARNES ENTITIES’, THEIR AGENTS’, REPRESENATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold the Webster Barnes Entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

GENERAL

Webster Barnes makes no claim that the Site or any material on the Site is appropriate or may be downloaded outside of the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.