These General Terms of Service together with any applicable Product/Service Addenda, and other attachments or exhibits hereto, (these “Terms” or this “Agreement”) are a legally binding contract between you and Tiz, Inc., and its affiliates including but not limited to cask liquor supply, LLC, (collectively "cask liquor supply," "we," "us," or "our") regarding your access or use of any of the cask liquor supply platforms and websites including sites located at www.caskliquorsupply.com (including any versions optimized for viewing on a wireless or tablet device), install or use of cask liquor supply mobile applications, install or use of any other technology supplied by cask liquor supply, or access or use any information, function, feature, or other services, made available, enabled, produced or maintained by cask liquor supply (collectively, the "Site"), Content (defined below), the Site provides you with various tools to manage your beverage business through the cask liquor supply communication and eCommerce product display platform as well as feature content, and products (the "Services"). By using the Content or Services, you agree to our Privacy Policy and any additional terms specific to the Content or Services you use. Certain Services are offered to entities that commercially distribute alcoholic and non-alcoholic beverage products and/or other products (each, a "Distributor”), and to their customers who purchase and re-sell such products to individual customers (each, a "Retailer" and together with Distributors, “Site User” or “you”) in markets where the Service is available (the “cask liquor supply Markets”).

BY USING OUR SITE OR BY CLICKING “CONTINUE” WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU ARE AGREEING TO THESE TERMS AND CONSENTING TO MODIFICATIONS TO TERMS CONTROLLING YOUR PRIOR USE OF THE SITE OR CONTENT IF APPLICABLE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU ARE 21 YEARS OF AGE OR OLDER, HAVE ALL NECESSARY RIGHT, POWER, AUTHORITY AND AUTHORIZATION TO BIND SUCH COMPANY OR ENTITY TO THIS AGREEMENT, TO MAKE PURCHASES THROUGH THE SERVICES AND TO ENSURE PAYMENT THEREFORE, IN WHICH CASE THESE TERMS SHALL APPLY TO YOUR ENTITY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE, CONTENT OR SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME AND BY POSTING UPDATED TERMS ON THIS PAGE. SECTION 23 OF THE TERMS GOVERNS HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 23 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE SEE SECTION 23 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Certain Services enable Retailers to place orders with a Distributor or its sales representatives (each a “Distributor Sales Representative”), and for such Distributor or Distributor Sales Representatives to communicate with Retailers about products and orders. cask liquor supply is not a Retailer, Distributor, Agent, or Representative of any Distributor or Retailer. cask liquor supply offers information and tools to connect Retailers and Distributors and facilitate order placement. It is up to independent Distributors and Distributor Sales Representatives to facilitate order placement. It is up to independent Distributors and Distributor Sales Representatives to offer and distribute products and to Retailers to order those products, which may be arranged through the use of the Services.

1. Eligibility.

The Site, Content, and Services are offered and available to you if you meet and acknowledge the following requirements:

• You are 21 years of age or older, and
• You or your business have all necessary licenses from applicable state and local government regulatory or licensing authorities in the cask liquor supply Markets to lawfully buy and/or sell the available beverages on a commercial basis, and all such licenses are in good standing and in full force and effect, and
• You are located within the cask liquor supply Markets or otherwise located in a jurisdiction where your access to our Site is not prohibited, and
• You agree that you will comply with all applicable laws and not cause cask liquor supply or any of its affiliates to contravene any applicable laws. You may have the option to order other restricted products, aside from alcoholic beverages, in some locations and you agree that you will comply with all applicable laws and not cause cask liquor supply or any of its affiliates to contravene any applicable laws. You are solely responsible for ensuring that your use of the Services are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

You acknowledge that cask liquor supply makes no promise that the Site or Services available on the Site are appropriate or available for use outside of the cask liquor supply Markets including in territories where its contents are illegal or prohibited. If you choose to access the Site from locations outside of the cask liquor supply Markets, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to Services that you subscribe to on the Site. We are not responsible for non-compliance with any applicable law or any resulting civil and criminal penalties. We may, in our sole discretion, refuse to offer the Site or Services to any person or entity and change its eligibility criteria at any time.

2. Access License and Restrictions.

cask liquor supply grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site or its Content solely for their intended purpose. This license does not include: any right by you to authorize any third party use of the Site; any collection and use of any Content, descriptions, any derivative use of the Site; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without cask liquor supply’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of cask liquor supply, its content providers or its affiliates without cask liquor supply’s express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

3. Orders, Payments and Billing.

cask liquor supply may, in its sole discretion, charge a license, subscription, or service fee for the use of the Services as cask liquor supply may determine from time to time (“Paid Services”). cask liquor supply will notify you of any fees applicable to Paid Services prior to incurrence. Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement.

Distributors and/or their Sales Representatives control their own acceptance of orders and will have the option to reject any order they deem to be invalid or modify any order based on variations in pricing or stock. cask liquor supply makes no guarantees regarding the availability, pricing, accuracy, or timely delivery of any products ordered by you through the Service. Any dispute regarding an order must be resolved between the Retailer and the applicable Distributor or Distributor Sales Representative, and each cask liquor supply user agrees to fully release cask liquor supply from any such claims.

The prices displayed through the Services are quoted in U.S. currency and are valid only in their respective cask liquor supply Markets. Prices are subject to change at any time and cask liquor supply makes no representations or guarantees about the accuracy of any discounted pricing offered by a Distributor Sales Representative to a Retailer. Sales tax will be determined by the Distributor. Product deliveries to Retailers will be coordinated by their respective Distributors. Any payment terms presented to you in the process of purchasing products are deemed part of these Terms. You are responsible for making your own determinations that products ordered through the Service are suitable. Retailers are responsible for paying for ordered products upon receipt of final invoice and delivery of ordered products (or acceptable replacement) from Distributors.

Without waiving any of our other rights or remedies, cask liquor supply may refuse additional orders and suspend any Services until all overdue amounts are paid in full. In the event you fail to make full payment within sixty (60) of the due date, cask liquor supply shall have the right to charge you a late fee in the amount of the lesser of either 1.5% of the current charges per month or the maximum lawful rate under applicable state law. Late fees shall accrue from the due date. You shall pay any amounts incurred by cask liquor supply in the collection of past due amounts owed including, but not limited to, reasonable attorneys’ fees and costs.

We may use third-party payment processors (the “Payment Processors”) to process certain orders in the Services and bill you through a payment account linked to your Account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to the terms of this Agreement (“Payments Platforms”). You have the right to access and use the Payments Platforms solely for your use to process transactions on behalf of your customers. You are prohibited from reverse engineering, disassembling or modifying the Payments Platforms or using the Payments Platforms in violation of any applicable law. The Payment Processors disclaim liability for damages directly to you, whether direct or indirect, incidental or consequential, arising in connection with your use of the Payments Platforms. The Payment Processors disclaim any warranty of any kind directly to you, including any warranty of title, merchantability, fitness for a particular purpose or non-infringement.

We are not responsible for Payment Processor errors. By choosing to use any Paid Services or purchase products, you agree to pay us or the provider (where applicable) all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processors, to charge your purchase utilizing your chosen payment method (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that may be made even after payment has already been requested or received. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you for any reason, you agree to pay all amounts due on your Billing Account upon demand.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your payment method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Any free trial, credit or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@caskliquorsupply.com.

4. Privacy.

Data collection and use, including data collection and use of Personal Information and Business Data (as defined below) is governed by cask liquor supply’s Privacy Policy which is incorporated into and is a part of this Agreement. You are encouraged to read our Privacy Policy as its terms are important to use and your use of the Site and Services.

5. cask liquor supply Communications.

By creating a cask liquor supply account, you consent and agree to receive communications from us, and our affiliates including via email, text messages, calls and push notifications to the email and/or mobile number you provided to us. You also understand and agree that you may receive communications generated by automatic telephone dialing systems which may deliver pre-recorded messages by or on behalf of cask liquor supply or its affiliated companies. Message and data rates may apply. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from us by following the instructions enclosed within those messages. You may also opt out of receiving promotional text messages from cask liquor supply by replying “STOP” from the mobile device receiving the messages. If you opt-out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations. Please consult our Privacy Policy on ways in which you can contact us about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties.

6. Copyright, Data and Ownership.

All information, publications, mailings, or content (other than User Submissions defined below) featured or displayed on the Site or as part of the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by cask liquor supply, its licensors, vendors, agents and/or its Content providers. All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site and the Services may only be used for the intended purpose for which they are being made available and subject to these Terms. cask liquor supply shall own and retain all right, title, and interest, including all intellectual property rights in and to (a) the Services, Site, cask liquor supply Data, and data collected by cask liquor supply by or on behalf of end users of the Services (“User Data”), and all improvements, enhancements or modifications, translations and derivative works thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) marketing or advertising programs developed by Company and/or its affiliates (collectively “Company IP”). To the extent Customer obtains any right, title, or interest in or to any Company IP, Customer hereby assigns to Company all right, title, and interest in and to such Company IP. Customer shall not alter or modify Content or Company IP without the express written consent of Company.

Except as may be otherwise indicated in specific documents within the Site or as permitted by copyright law, you are authorized to view copyrighted material found on our Site solely for the purposes intended by cask liquor supply. In no event will you be permitted to copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, download or store any copyrighted or cask liquor supply owned material locally without cask liquor supply’s express written permission. Notwithstanding the foregoing, you will be permitted to internally print and save reports, agreements, and other documents made available to you.

In accessing the Site and Services, you may post (or cask liquor supply may post on your behalf) your own content on our Site including messages, photos, product catalogs, logo, telephone number, and other information about your business or products, ("User Submissions"), and in so doing you expressly grant us a non-exclusive, royalty-free, worldwide, right to use, reproduce, modify, publish, translate, distribute, perform and display content contained in your User Submission, in whole or in part, and in any form for use on the Site, to promote and market the Site and/or Service, and to make available User Submissions to other users of the Site and Services. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.

You may also provide us with data about your company’s product inventory, transaction or business information, and product information (“Business Data”), and in so doing you expressly grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, display, distribute, and otherwise disclose to third parties any such material, whether or not in aggregate form, for the business purposes (including without limitation, for purposes of providing, improving, testing, operating, promoting and marketing the Site or Service or any other product or service). You represent and warrant that you own or control all rights in and to the Business Data and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You acknowledge and agree that cask liquor supply may internally use Business Data and freely use and make available Business Data for cask liquor supply’s business purposes. The terms of this section shall survive any termination of any order or these Terms.

cask liquor supply is the owner of all information cask liquor supply provides, makes accessible, or which relates to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, data derived from Business Data) (collectively, "cask liquor supply Data"). You acknowledge that cask liquor supply may compile cask liquor supply Data based on Business Data. You agree not to access, collect, store, retain, transfer, use, disclose, or otherwise process in any manner cask liquor supply Data, including without limitation Personal Information, except as required to perform under this Agreement. You shall keep cask liquor supply Data secure from unauthorized access and maintain the accuracy and integrity of cask liquor supply Data in your custody or control by using appropriate organizational, physical, and technical safeguards. If you become aware of any unauthorized access to cask liquor supply Data, you will immediately notify cask liquor supply, consult and cooperate with investigations and potentially required notices, and provide any information reasonably requested by cask liquor supply. You agree to implement and use security procedures, protocols, or access credentials as reasonably requested by cask liquor supply and will be responsible for damages resulting from your failure to comply. You will not allow any third party to use the Site, Services, or cask liquor supply Data and will be responsible for damages resulting from sharing your login credentials with unauthorized third parties, sharing cask liquor supply Data, or otherwise permitting unauthorized access to your account. You may not and will not allow any third party to copy, modify, rent, lease, sell, distribute, reverse engineer, or otherwise attempt to gain access to the source code of the Site; damage, destroy or impede the services provided through the Site; transmit injurious code; or bypass or breach any security protection on the Site. You will not and will not allow a third party to modify, copy, or create derivative works based on cask liquor supply Data or access the Site, Services, or cask liquor supply Data for the purpose of building a competitive product or service. For purposes of clarity, cask liquor supply Data is Confidential Information of cask liquor supply.

We may provide users an opportunity to post comments, and other content; write and send communications (e.g. email, text message/SMS, etc.); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information and materials. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS, INCLUDING MARKETING COMMUNICATIONS FROM OR THROUGH cask liquor supply, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE SERVICES OR FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM OR THROUGH cask liquor supply.

You are prohibited from using the Site or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Site is expressly prohibited by this Agreement.

User Submissions do not represent the views of cask liquor supply or any individual associated with cask liquor supply, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, cask liquor supply’s endorsement of user published content. We are under no obligation to monitor, edit, or control User Submissions, and will not be in any way responsible or liable for User Submissions or any failure to review or act upon User Submissions. cask liquor supply may, however, at any time and without prior notice, screen, remove, edit, or block any User Submissions that violate these Terms or is otherwise objectionable.

All trademarks, service marks and trade names of cask liquor supply or its licensors used herein (including but not limited to: cask liquor supply name, cask liquor supply corporate logo, the Site name, the Site design, and any logos) (collectively "Marks") are trademarks or registered trademarks of cask liquor supply or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify cask liquor supply’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without cask liquor supply’s prior written consent.

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to cask liquor supply with respect to the Services. cask liquor supply will have full discretion to determine whether or not to use the Feedback, and will have the full, unencumbered right to copy, distribute, transmit, display, perform, create derivative works of, use and otherwise fully exploit the Feedback in connection with its products and services without any compensation or attribution to you. You hereby assign to cask liquor supply all right, title, and interest in and to such Feedback, and cask liquor supply is free to use the feedback without payment or restriction.

7. Reservation of Rights.

cask liquor supply reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to cask liquor supply’s intellectual property.

8. User Account Obligations and Security.

You understand that you will need to create an account to have access to all of the parts of the Site and to the Services. In consideration of your use of the Site and Services, you will: (a) provide true, accurate, and complete information about yourself and your business as prompted by the account registration pages, including but not limited to any requested license information with respect to applicable state, local or federal laws and regulations ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Site.

9. Confidentiality.

Confidential Information includes confidential, proprietary, or nonpublic information provided by the disclosing party (“Discloser”) about the Discloser’s business, including software, technology, financial information, marketing plans, business opportunities, inventions, know-how, product designs, and other information that the receiving party (including the receiving party’s personnel) (“Recipient”) knew, or reasonably should have known, was confidential information of the Discloser (“Confidential Information”). Confidential Information includes trade secrets as defined under applicable law (which includes the Uniform Trade Secrets Act). Confidential Information does not include information that: (a) is independently developed; (b) is or becomes public knowledge through no breach of this Agreement; or (c) is received from a third party under circumstances that do not create a reasonable suspicion that such information has been misappropriated or improperly disclosed. The Recipient shall: (a) use Confidential Information only as necessary to perform its obligations and/or exercise its rights under this Agreement; (b) hold Confidential Information in strict confidence and take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions Recipient employs with respect to its own confidential materials); (c) not divulge any Confidential Information to any third party except as provided herein; and (d) not copy or reverse engineer any materials disclosed under this Agreement, or remove any proprietary markings from any Confidential Information. A Recipient may disclose Confidential Information as compelled by a court or regulator of competent authority, provided that the Recipient provides the Discloser with prompt written notice of such request, to the extent such notice is legally permissible and reasonably practicable.

10. Advertising Rights.

cask liquor supply reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submissions, and cask liquor supply and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate cask liquor supply to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.

11. Control State Trade Marketing Disclaimer.

cask liquor supply serves as an e-commerce platform for certain states and jurisdictions who control the sale of distilled spirits and, in some cases, wine and beer through government agencies (“Control States”). These Control States do not fund or endorse any specific products or services which may be promoted in any trade marketing on the Site.

12. Representations and Warranties.

You represent that you, and your employees, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Site and Services is and will be in compliance with all applicable laws.

13. Third Party Resources.

Creating or maintaining any link from another website to any page on the Site without our prior written permission is prohibited. From time to time, the Site or Services may contain links to websites or advertisements or any integration with outside software, including but not limited to User Submissions sent and received through our messaging platform or posted by Distributors to our Storefronts feature that are not owned, operated or controlled by cask liquor supply or its affiliates (“Third Party Resources”). If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any Third Party Resources. cask liquor supply provides links to these Third Party Resources only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Resources. The use of the Third Party Resources is at your own discretion and risk and with agreement that you will be solely responsible for any results or lack thereof from such activities. When visiting or using these Third Party Resources or using their services as-integrated into the Service, you are subject to their privacy policies as well as any terms of use or service and should review or make any investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

You acknowledge and agree that the availability of our Site and Services including the cask liquor supply mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such stores. You acknowledge and agree that this Agreement is between you and cask liquor supply only, and not with the App Store. cask liquor supply, not the App Store, is solely responsible for the Site or Services, including mobile application(s), the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Site and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Site and Services. You agree to comply with, and your license to use the Site and Services is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any part of the Services. You acknowledge that Apple and Google (and their subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

15. Geographic Restrictions.

The Site and Services are intended for use only by persons and entities located within the cask liquor supply Markets. We make no claims that the Site or any of its Content is accessible or appropriate outside of the cask liquor supply Markets. Access to the Site may not be legal by certain persons or in certain jurisdictions. If you access the Site from outside the cask liquor supply Markets, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimers and Limitations of Liability.

cask liquor supply does not guarantee that the Site or Services will be safe, secure, or operate without interruption or errors. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, cask liquor supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Content will be accurate, reliable or correct; that the Site or Services will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Site.

cask liquor supply DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A DISTRIBUTOR OR OTHER THIRD PARTY THROUGH THE cask liquor supply SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND cask liquor supply WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL cask liquor supply, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL cask liquor supply BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, cask liquor supply’S CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO cask liquor supply FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

17. Indemnification.

You agree to defend, indemnify and hold harmless cask liquor supply and its affiliates, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site or Services, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Submission or any content that is submitted via your account; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

18. Governing Law and Jurisdiction.

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Wilmington, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Wilmington, Delaware is the proper forum for any such action. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

19. Termination.

cask liquor supply may terminate or suspend your license to access or use the Site or Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

20. Entire Agreement / Severability.

These Terms, together with any amendments and any additional agreements you may enter into with cask liquor supply in connection with the Site and Services, shall constitute the entire agreement between you and cask liquor supply concerning the Site and Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

21. No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and cask liquor supply’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Force Majeure.

Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the party’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

23. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM cask liquor supply.

For any dispute with cask liquor supply, you agree to first contact us at support@caskliquorsupply.com and attempt to resolve the dispute with us informally. In the unlikely event that cask liquor supply has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Wilmington, Delaware, unless you and cask liquor supply agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing cask liquor supply from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

24. Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND cask liquor supply ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

25. Export Compliance.

You are responsible for complying with all applicable export control laws and regulations. You shall not, directly or indirectly, export, re-export, or transfer the Site, Services, or any part thereof, or any technical data, to any country or entity where such export is prohibited by U.S. or other applicable laws and regulations.

26. Notice.

cask liquor supply may provide notices to you by posting them on the Site, or by sending them to the email address or physical address associated with your account. Notice will be deemed given twenty-four (24) hours after it is posted or an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the physical address associated with your account, in which case notice will be deemed given three (3) days after mailing.

27. Contact.

If you have any questions about these Terms, the Site, or the Services, please contact us at support@caskliquorsupply.com