Terms & Conditions

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TERMS OF USE

Effective Date: This Terms of Use Agreement was last updated on December 19, 2016.

Welcome to the Rabbit Hole website—www.RabbitHoleDistilling.com. It is owned and operated by Rabbit Hole Spirits, LLC (“Rabbit Hole”). By entering our website and purchasing goods using our Online Store (collectively, the “Site”), you agree to be bound by the following Terms of Use (“Terms of Use”). Please read these Terms of Use carefully before accessing and using the Site. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.

  1. Permitted Users. This Site is intended to be accessed by those who are of legal age to purchase and consume alcohol. If you are not of legal age in the country, state, or territory of your residence and from which you are accessing this Site, please leave this Site immediately.
  2. Use of Site; Rules of Conduct. Rabbit Hole has developed and maintains this Site for your entertainment, information, and education. Your use of this Site should be for non-commercial, lawful personal use only. While using the Site, you agree to comply with all applicable laws, rules and regulations. You also agree not to use the Site in any manner which is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (f) depicting or endorsing irresponsible drinking; or (g) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle. You will not post or transmit through the Site any virus, worm, Trojan horse, spyware, malware, or any other malicious software. You will not use the Site to promulgate any unsolicited or unauthorized advertisements or promotional material. You will not post or transmit any personally identifiable or non-public information of any third party without their prior consent or authorization. Rabbit Hole reserves the right to remove or disable your access to this Site at any time for any reason, including a violation of the foregoing rules of conduct.
  3. Intellectual Property Rights. The Site is owned and operated by Rabbit Hole. The content of this Site, including but not limited to any logos, text, images, audio or video materials thereon (the “Intellectual Property”), is the intellectual property of Rabbit Hole or its affiliates unless otherwise stipulated in writing. Rabbit Hole’s Intellectual Property is protected by copyright and trademark laws, in addition to the other laws of the United States of America and other countries. You are not permitted to remove any copyright or other proprietary notice from Rabbit Hole’s Intellectual Property. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Rabbit Hole’s Intellectual Property in any way for any public or commercial purpose, without the prior and express written consent of Rabbit Hole.Notwithstanding the foregoing, you may print or download any information or materials offered on this Site only if (1) your purpose in doing so is purely private and not for direct or indirect commercial purposes; (2) your use is lawful; (3) you do not remove any copyright or other notice regarding the property rights of any party from the materials; (4) you do not assert any copyright, intellectual property, or other ownership interest or right in the materials; (5) you do not use the materials to condone underage drinking, drunk driving, excessive consumption of alcoholic beverages, or illegal conduct; and (6) your country, state or territory of residence permits the consumption of alcoholic beverages, and you are of legal age to do so. Except for this limited license to download and print certain materials from this Site for private purposes only, you have no right to use Rabbit Hole’s Intellectual Property. Rabbit Hole’s Intellectual Property and all rights pertaining thereto remain the exclusive property of Rabbit Hole or its affiliates.
  4. Online Store.
    1. You acknowledge that all goods (“Goods”) purchased using our Online Store are intended for personal non-commercial use only and will not be re-sold.
    2. From time to time, Rabbit Hole restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise provided to you.
    3. Rabbit Hole will not be liable to you for loss you or any third party suffers for a delay or failure to process your order or deliver Goods due to inaccurate or incomplete details provided in an order.
    4. You agree to obtain consent to provide Rabbit Hole with personal information of recipients of gifts or Goods ordered by you.
    5. You may order from Rabbit Hole if you are aged 21 years or over (for alcoholic beverage purchases), and have an active email account or telephone number at which you can be reached.
    6. If you place consecutive or separate orders, we cannot consolidate your orders. A separate delivery fee, if applicable, will apply to each order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one order.
    7. Rabbit Hole reserves the right to accept or reject your order for any reason at any time. If Rabbit Hole rejects your order, you will receive a refund of any money paid.
  5. Registration; User Names and Passwords. Certain sections of this Site may be restricted to registered users. You may not register unless you are of legal age to purchase alcohol in your country, state, or territory of residence and in the country, state, or territory from which you are accessing the Site. We reserve the right to refuse to grant you a user name or email address at our sole discretion. You are responsible for maintaining the confidentiality of any password you use and agree not to transfer your password or user name, or otherwise transfer your access to the Site, to any third party. You are responsible for all transactions that occur in connection with your user name. If you become aware of any unauthorized access using your user name or any other breach of security related to your account or the Site, you agree to notify Rabbit Hole immediately. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
  6. Unaffiliated Products and Sites; Links. Descriptions of, or references to, products, publications or sites not owned by Rabbit Hole or its affiliates do not imply endorsement of that product or site. Rabbit Hole has not reviewed all materials linked to the Site and is not responsible for the content of any such material. Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Rabbit Hole makes every effort to ensure that the information on this Site is accurate, we make no warranties or representations whatsoever with regard to any product provided or offered by any other vendor, and you acknowledge that any reliance on representations and warranties provided by any other vendor shall be at your own risk.For your convenience, the Site may link to websites owned or operated by parties other than Rabbit Hole. Each linked website has its own terms and conditions, which may be different from these Terms of Use. We caution you to review each third party website’s legal notices and terms and conditions carefully before entering that Site. Rabbit Hole does not control and is not responsible for the content or availability of third party websites, nor does it endorse the content, or any products or services, available on such websites.
  7. Limitation of Liability and Disclaimers. THE SITE AND ONLINE STORE AND ALL GOODS, INFORMATION, AND MATERIALS MADE AVAILABLE OR SOLD THROUGH THE SITE AND ONLINE STORE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. RABBIT HOLE HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ONLINE STORE AND ALL GOODS, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE AND ONLINE STORE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.RABBIT HOLE AND ITS MANAGERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR ONLINE STORE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR ONLINE STORE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR ONLINE STORE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE OR ONLINE STORE.
  8. Indemnification. You will indemnify, defend, and hold Rabbit Hole harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with the Site or Online Store; (b) any violation of these Terms of Use or any other Rabbit Hole terms, conditions or policies by you or through any account you may have with any Site; (c) any transaction; or (d) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse Rabbit Hole on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s).
  9. Termination and Enforcement. You agree that Rabbit Hole, at its sole discretion, may terminate your access to or use of the Site, including the Online Store, at any time and for any reason, including without limitation if Rabbit Hole believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use (including but not limited to your failure to comply with the rules of conduct set forth in Section 2 above). Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that Rabbit Hole may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. Sections 8, 8 and 11 shall survive any expiration or termination of these Terms of Use.
  10. Information on the Site. We strive to update our Site regularly, and may change the content at any time. Any of the information and material on our Site may be out-of-date at any given time, and Rabbit Hole shall have no obligation to update such information. Information and commentary appearing on our Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any user of our Site, or by anyone who may receive any of its contents.
  11. Governing Law and Jurisdiction. Our site is operated and provided in the commonwealth of Kentucky. As such, we are subject to the laws of the commonwealth Kentucky and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Kentucky.
  12. Contacting Us. If you have any questions regarding the Site or these Terms of Use, please contact us by Info@RabbitHoleDistilling.com, by postal mail at: P.O. Box 4543, Louisville, KY 40204 or by telephone at 502-561-2000 Attention: Director of Marketing. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit or other payment card information or other sensitive information in your e-mail correspondence with us.
  13. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Rabbit Hole designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
  14. Miscellaneous. If any provision of these Terms of Use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Rabbit Hole. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Rabbit Hole relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Rabbit Hole relating to such subject matter.
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