Last updated: April 24, 2024

Please read these Terms and Conditions (the “Terms”) carefully before using the Oxmoor Bourbon website (the “Site”) provided and/or operated by Oxmoor Bourbon Company (“Oxmoor Bourbon”), whether accessed via computer, mobile device, or other technology or any associated content, material, software, or functionality contained on the Site (collectively, the “Services”). The term “you” or “your” as used in these Terms refers to the individual using the Services.

Oxmoor Bourbon is committed to safe, responsible drinking. The Services, as well as Oxmoor Bourbon’s products, are intended for individuals who are over the age of 21.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms or do not consent to do business electronically then you may not access and use the Services.

These Terms are effective as of the date of your initial use of the Services, and Oxmoor Bourbon may terminate these Terms, including any rights herein, in Oxmoor Bourbon’s sole discretion at any time and for any reason. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of the Terms. Upon termination of these Terms for any reason, all licenses and rights granted herein will also terminate. Any terms by their nature which are intended to continue beyond termination or expiration of these Terms will survive termination.

Eligibility.

Users must be at least 21 years old to use the Services. IF YOU ARE UNDER THE AGE OF 21, YOU ARE NOT PERMITTED TO USE THE SERVICES OR OTHERWISE PROVIDE OXMOOR BOURBON WITH ANY PERSONAL INFORMATION. The Services are provided to you for your personal, non-commercial use only. By agreeing to the Terms, you represent and warrant that you are: (i) at least 21 years old; and (ii) that your use of the Services is in compliance with any and all applicable laws and regulations.

Access Rights.

Subject to the terms and conditions set forth in these Terms, Oxmoor Bourbon hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and any information included therein. Your access and use of the Services and these Terms are personal to you, and you may not transfer the right Oxmoor Bourbon has granted to you or assign these Terms to someone else. However, you may access and use the Services on any device you own or control.

Personal Information and Privacy.

The Services may store and process personal data that you provide and/or have provided to Oxmoor Bourbon. Additionally, Oxmoor Bourbon may utilize one or more session recording tools or the equivalent in order to capture in real time and/or via a recording your access and use of the Services including but not limited to how you interact with the Services and may include how you enter personal data in the Services. It is your responsibility to keep your devices and access to the Services secure. The Oxmoor Bourbon Privacy Policy governs Oxmoor Bourbon’s use of your personal data and is expressly incorporated herein by reference.

Accessibility.

Given the importance of the internet, accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging. Oxmoor Bourbon is committed to ensuring equal access for people with disabilities. As potential customers and employees of Oxmoor Bourbon, they are important contributors to Oxmoor Bourbon’s business success and should not be excluded. Oxmoor Bourbon will endeavor to maximize the access of people with disabilities to this website.

Compliance with the Law.

You are required to follow all applicable federal, state, local and other laws, and you agree you will not use the Services in violation of any of those laws.

Internet Connections.

Certain functions of the Services will require an active internet connection. The connection can be via Wi-Fi or provided by your mobile network provider, but Oxmoor Bourbon is not responsible for and accepts no liability for the Services not working at full functionality if you don’t have internet access, you have exceeded your data allowance with your mobile network provider, and/or any other connection issues outside of Oxmoor Bourbon’s control.

Third-Party Services; Links to Other Web Sites.

Oxmoor Bourbon is not responsible for and accepts no liability for the way you use the Services. Further, when you are using the Services, it is important to bear in mind that, although Oxmoor Bourbon endeavors to ensure the Services are updated and correct at all times, the Services do rely at least in part on third parties and third-party services to function, and Oxmoor Bourbon cannot guarantee the accuracy of such services. It is up to you to ensure the services are accurate. Oxmoor Bourbon accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of the Services. By using the Services, you agree that Oxmoor Bourbon may transfer relevant data to third parties.

Oxmoor Bourbon uses the services of Shopify, a payment service provider, to process credit card payment transactions and manage routing of customer information through credit card networks. We are not affiliated with Shopify and expressly disclaim responsibility and liability for services provided by Shopify; accordingly, you hereby agree that Oxmoor Bourbon shall not be responsible for loss or injury as a result of your use of Shopify. Your use of Shopify to process payments is subject to https://www.shopify.com/legal/terms, which you agree to when you make or solicit a payment through our Services.

Oxmoor Bourbon has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Oxmoor Bourbon will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. If you decide to access any of the third-party web sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such web sites.

Indemnification.

You agree to indemnify, defend, and hold Oxmoor Bourbon harmless for all claims, demands, costs, damages (including special, indirect, or consequential damages), fines, penalties, losses, liabilities (including reasonable attorneys’ fees and other costs of defense, investigation and settlement, and costs of enforcement of indemnity obligations), judgments, penalties, fines, and other amounts relating to or arising out of: (i) the use or misuse of the Services by you or anyone accessing the Services on your behalf; or (ii) your breach of these Terms. In the event Oxmoor Bourbon seeks indemnification or defense from you under this provision, Oxmoor Bourbon will promptly notify you in writing of the claim(s) brought against Oxmoor Bourbon or losses attributed to misuse by you for which Oxmoor Bourbon seeks indemnification or defense. Oxmoor Bourbon reserves the right, at Oxmoor Bourbon’s option and in Oxmoor Bourbon’s sole discretion, to assume full control of the defense of claims, if applicable, with legal counsel of Oxmoor Bourbon’s choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by Oxmoor Bourbon or bind Oxmoor Bourbon in any manner, without Oxmoor Bourbon’s prior written consent. In the event Oxmoor Bourbon assumes control of the defense of such claim, Oxmoor Bourbon will not settle any such claim requiring you to admit liability without your prior written approval.

Changes.

Oxmoor Bourbon is committed to ensuring that the Services are as useful and efficient as possible. For that reason, Oxmoor Bourbon reserves the right to make changes to the Services or to charge for its services, at any time and for any reason. Oxmoor Bourbon reserves the right to charge for the Services and/or certain features within the Services in its sole discretion.

WARRANTY DISCLAIMER.

YOU EXPRESSLY AGREE THAT USE OF OXMOOR BOURBON’s SERVICES IS AT YOUR SOLE RISK. The SERVICEs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, OXMOOR BOURBON DISCLAIMs ANY AND ALL WARRANTIES INCLUDING ANY: (i) WARRANTIES THAT the Services WILL MEET YOUR REQUIREMENTS; (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF the SERVICEs; (iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH the serviceS; (v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the serviceS; (vi) WARRANTIES THAT YOUR USE OF the services WILL BE SECURE OR UNINTERRUPTED; AND (vii) WARRANTIES THAT ERRORS IN the SERVICEs WILL BE CORRECTED.

RELEASE

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Limitation of Liability.

To the extent not prohibited by law, in no event will OXMOOR BOURBON be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the SERVICES, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if OXMOOR BOURBON has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will OXMOOR BOURBON’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Intellectual Property Rights.

You agree that the Services contains proprietary information and material that is owned by Oxmoor Bourbon or its licensors and is protected by applicable intellectual property and other laws. The Services itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it belong to Oxmoor Bourbon or its third-party licensors. In the event that a third party claims the Services or your possession and use of the Services infringes on any third party’s intellectual property rights, Oxmoor Bourbon will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. If you or anyone acting on your behalf sends or transmits any communications or materials to Oxmoor Bourbon by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to Oxmoor Bourbon all right, title, and interest in, and Oxmoor Bourbon is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Oxmoor Bourbon is not required to use any Feedback. You represent and warrant you will comply with all applicable laws and will comply with the following prohibitions:

• You may not send the Services or any of its proprietary information or material on to anyone else;
• You are not allowed to copy or modify the Services, any part of the Services, or Oxmoor Bourbon’s trademarks or other proprietary rights notices in any way or to authorize any third-party to do the same on your behalf;
• You are not allowed to attempt to gain unauthorized access to, or interfere with the proper working of our Services, the server on which the Services are stored, or any server, computer, or database connected to the Services, or impair, overburden, or disable the same;
• You are not allowed to decompile, reverse engineer, disassemble, attempt to extract the source code of, decrypt, or modify the Services or any portion thereof;
• You must not translate the Services into other languages or make derivative versions;
• You shall not nor authorize any third-party to engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information or data available through the Services, or any other automatic means of accessing, logging-in, or registering on the application, or obtaining or accessing any information from or through Services;
• You must not violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
• You are not allowed to engage in any conduct that restricts or inhibits any other user from using or enjoying our Services; and
• You further agree that any attempt to circumvent any Services monitoring or security measures is strictly prohibited.

Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).

Our Designated Agent is:

Oxmoor Bourbon Company
Attn: Copyright
720 Oxmoor Avenue
Louisville, KY 40222
Email: [email protected]

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement 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.
• 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 owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Unsolicited Ideas.

While Oxmoor Bourbon constantly strives to improve its products, services, technology and promotional techniques, we must take steps to ensure our own ability to innovate. As such, it is Oxmoor Bourbon’s policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. If you nevertheless provide us a Submission, then regardless of what your Submission says, you unconditionally agree that: (A) you acknowledge and agree that Oxmoor Bourbon may separately develop content substantially similar to the Submission and you expressly waive any and all rights in such Submissions and any claim against us related to or arising out of such Submissions; (B) Oxmoor Bourbon can use, reproduce, disclose, publish and distribute the Submissions for any purpose whatsoever, without restriction and in any way; (C) there is no obligation for Oxmoor Bourbon to review the Submissions; and (D) there is no obligation to keep any Submissions confidential.

Legal Compliance.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Geographic Restrictions.

You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported state or country, and you will not attempt to circumvent any restrictions on access to or availability of the Services.

Communications.

Our Services may include sending you promotional e-mails/newsletters. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.

Changes to the Terms.

Oxmoor Bourbon reserves the right, in its sole discretion, to modify or replace these Terms at any time. Your continued use after such modification(s) or change(s) are made constitutes your acceptance of such updated Terms.

Governing Law; Venue; Waiver of Jury Trial; No Class Actions.

These Terms will be construed, to the extent not preempted by applicable federal law, under the laws of the Commonwealth of Kentucky, without giving effect to any choice or conflict of law rules. All lawsuits shall be brought exclusively in the Commonwealth of Kentucky. Each party consents to the jurisdiction and venue of any court adjudicating the dispute in accordance with the foregoing sentence.

EACH PARTY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Miscellaneous.

• No waiver by either party of any breach or default in these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
• The section headings in these Terms are used for convenience only and shall have no legal meaning.
• If any section of these Terms is deemed unenforceable, such section shall be stricken, and the remaining terms shall not be affected and remain in full force and effect.
• In the event of any dispute arising out of or in connection with these Terms, the Services or their use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
• If you have been provided a translation of the English language version of these Terms, the Privacy Policy, or any other terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with Oxmoor Bourbon and your use of the Services.
• These Terms constitute the entire agreement of the parties with respect to the subject matter hereof.
• You may not assign these Terms or assign rights or delegate obligations under these Terms, in whole or in part, without Oxmoor Bourbon’s prior written consent.
• This section and any section which is intended to survive shall survive the termination or expiration of this agreement.

Contact Us.

If you have any questions about these Terms or would like to report suspected bot or scraper activity on the Services, please contact Oxmoor Bourbon: [email protected]

©2024 Oxmoor Bourbon Company. All rights reserved.

0156644.0784298   4854-9580-7153v8