Terms & Conditions
OVerview
A general overview of some basic terms & conditions.
Agreement between User and tcwhiskey.com
Welcome to tcwhiskey.com. The tcwhiskey.com website (the “Site”) is comprised of various web pages operated by Traverse City Whiskey Co. (“TC Whiskey”). tcwhiskey.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of tcwhiskey.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
tcwhiskey.com is an E-Commerce Site.
Privacy
Your use of tcwhiskey.com is subject to TC Whiskey’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting tcwhiskey.com or sending emails to TC Whiskey constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TC Whiskey is not responsible for third party access to your account that results from theft or misappropriation of your account. TC Whiskey and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Third Party Accounts
You will be able to connect your TC Whiskey account to third party accounts. By connecting your TC Whiskey account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Links to Third Party Sites/Third Party Services
tcwhiskey.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TC Whiskey and TC Whiskey is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TC Whiskey is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TC Whiskey of the site or any association with its operators.
Certain services made available via tcwhiskey.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the tcwhiskey.com domain, you hereby acknowledge and consent that TC Whiskey may share such information and data with any third party with whom TC Whiskey has a contractual relationship to provide the requested product, service or functionality on behalf of tcwhiskey.com users and customers.
Intellectual
Property
A detailed overview of prohibited use cases.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use tcwhiskey.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TC Whiskey that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TC Whiskey or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TC Whiskey content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TC Whiskey and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TC Whiskey or our licensors except as expressly authorized by these Terms.
Legal Action
A detailed overview regarding handling of legal disputes.
Indemnification
You agree to indemnify, defend and hold harmless TC Whiskey, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TC Whiskey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TC Whiskey in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TC Whiskey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TRAVERSE CITY WHISKEY CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRAVERSE CITY WHISKEY CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAVERSE CITY WHISKEY CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAVERSE CITY WHISKEY CO. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVERSE CITY WHISKEY CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Changes
A brief look at terms changes.
Changes to Terms
TC Whiskey reserves the right, in its sole discretion, to change the Terms under which tcwhiskey.com is offered. The most current version of the Terms will supersede all previous versions. TC Whiskey encourages you to periodically review the Terms to stay informed of our updates.
Contact
How to get in touch with us if you have any additional questions.
How to contact us
If you have any questions or concerns regarding the Terms & Conditions Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Corporate office
& Production Facility
Traverse City, MI
49684
Accelpay
Accelpay - Terms of service
1. Order FulfillmentThe Traverse City Whiskey Co (our “Site”) is owned and operated by Traverse City Whiskey Co (“we,” “us,” “our,” etc.). Our Site contains links to purchase alcohol products via independent, third-party retailers in the Paiseh, Inc. (“AccelPay”) network. We nor this Site is indirectly or directly involved in any sale of alcohol between you and licensed beverage alcohol retailers.This Terms & Conditions of Sale section (together with the documents referred to on it) tells you the terms and conditions on which AccelPay facilitates the sale of any of the distilled spirits products (“Products”) listed on our Site to you. Please read these terms and conditions of sale carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions of sale. Please understand that if you refuse to accept these terms and conditions of sale, you will not be able to order any Products.
2. Orders for delivery in USAIf you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay’s Privacy Policy, Terms of Use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network. We do not accept any responsibility for delivery of orders of Products within the USA. For your reference, please find AccelPay’s Terms of Service, which include information about any orders you make from them, at the following hyperlink:https://www.accelpay.io/company/legal. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.
