USER AGREEMENT

Please read this Agreement carefully before accessing or using the Site because it constitutes a legally binding agreement between you and Wholesome Spirits Inc.

When you create, register or log into an account through the Site you are automatically accepting and agreeing to the most-recent version of this Agreement.

Similarly, by visiting, accessing, registering with or using the Site you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Site reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Site.

Wholesome Spirits Inc may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or a similar page of the Site, as applicable, e-mailed to the e-mail address associated with your User Account (defined below) or posted to your User Account (defined below), and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, register with or use the Site.

By accessing this web site at www.americancocktailclub.com (“Site”), provided by Wholesome Spirits Inc ("Company", "we" and "our"), you acknowledge that you have read, understood and agreed to be bound by these Terms of Service ("Terms of Service", “Terms”).

SITE AGE LIMITATION

This Site is for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages. The Site is available to registered users who are 21 years and older. By browsing the public areas of the Website or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).

DESCRIPTION AND USE

All alcohol sold on the Platform is sold by a California, Texas or New York licensed retail liquor store that we connect you with (“Retail Licensee”). When you select a product on the website and put it in your cart, your order will be placed with our Retail Licensee. The Company does not sell any alcohol or take title to any alcohol at any time. The Company is not affiliated with any Retail Licensee or any other entity licensed to produce or sell liquor in the United States. You understand and acknowledge that The Company does not accept your order of alcohol products and the order will only be delivered if the Retail Licensee accepts your order.

USE OF SITE

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:(i) are unlawful, threatening, harassing or profane;
(ii) restrict or inhibit any other user from using and enjoying the Site;
(iv) contain a virus or other harmful component; or
(v) is false, deceptive, misleading, deceitful, or misinformative
(vi) infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity
(vii) discloses any sensitive information about another person
(viii) access or use the Website or the Platform to collect any market research for a competing business
(ix) take any action that imposes an unreasonable load on our technical infrastructure
(iii) encourage or depict overconsumption of alcohol or conduct that would constitute a criminal offense or give rise to civil liability;
You agree that Company has the right, but not the obligation, to monitor, moderate, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, the Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein

ELECTRONIC COMMUNICATIONS

Express Consent. 

You hereby expressly consent to Wholesome Spirits Inc sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Wholesome Spirits Inc deems appropriate in its sole discretion, whether through the Site, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Wholesome Spirits Inc product or service.

E-mail Opt-Out. 

You may opt-out of receiving any emails any time by following the opt-out instructions in any such emails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your User Account, Wholesome Spirits Inc's products or services, and/or your ability to receive certain messages and/or notifications from Wholesome Spirits Inc.

 

Text Message Opt-Out. 

You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) as described in section 12(a) above at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You may also opt-out of receiving certain text messages by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, Wholesome Spirits Inc's products or services, and/or your ability to receive certain messages and/or notifications from Wholesome Spirits Inc.

 

Other Opt-Outs. 

You may opt-out of receiving any communications besides those described above at any time by providing Wholesome Spirits Inc. with an e-mail to volley@wholesomespirits.com, with a subject line of "Opt-Out of Communications," a list in the body of the email that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the email that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. You may also opt-out of receiving certain of those communications by managing your electronic communication preferences through your User Account. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your User Account, Wholesome Spirits Inc’s products or services, and/or your ability to receive certain messages and/or notifications from Wholesome Spirits Inc.

SUBSCRIPTION CONTRACT

A “Contract” is formed between Wholesome Spirits Inc and you once a purchase has been executed for one of our membership services. The Contract will remain in place until it is canceled by the individual or Wholesome Spirits Inc. Our obligation under this agreement is to issue the subscription to you under the agreement. We are responsible for you receiving the desired services and goods each month to an acceptable quality.

WHAT WE SELL AND WHAT WE DON’T SELL

ANY ALCOHOL INCLUDED IN A KIT ORDERED THROUGH THE SITE IS BEING SOLD TO YOU FROM A THIRD PARTY LIQUOR MERCHANT.  WHOLESOME SPIRITS INC DOES NOT SELL ALCOHOL. WHOLESOME SPIRITS INC ONLY PROCESSES ORDERS FOR ALCOHOL. YOU ACKNOWLEDGE THAT ANY ALCOHOL INCLUDED IN A KIT PURCHASED THROUGH THE SITE IS BEING PURCHASED BY YOU FROM THE THIRD PARTY LIQUOR MERCHANT AND IS NOT BEING PURCHASED FROM WHOLESOME SPIRITS INC.

SUBSCRIPTION TERMS

Each subscription is delivered to the customer-designated location. Each subscription initiation and subsequent shipment is confirmed by email to the customer. By selecting a subscription plan you agree to pay Wholesome Spirits Inc the monthly subscription fees for the service and additional usage fees indicated for that subscription. Our subscription packages will auto-renew every month at the price originally agreed to unless canceled. You may cancel your subscription at any time. Subscriptions canceled before the 1st of any month will not be charged. Subscriptions canceled after the 1st will take effect the following month. Payment for Services will be made by a valid credit card accepted by Wholesome Spirits Inc, unless other payment arrangements have been made. You hereby authorize Wholesome Spirits Inc to charge your credit card for such amounts according to your subscription.
By activating a Wholesome Spirits Inc subscription, you agree to the following requirements:(i) I am legally capable of entering into a binding subscription agreement;(ii) I am of legal drinking age in the US and the recipient of the Wholesome Spirits Inc subscription is also of legal drinking age in the US;(iii) I acknowledge and confirm that an adult over the age of 21 with a valid government ID needs to be present to sign and accept each Wholesome Spirits Inc delivery; and(iv) We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.

REGISTRATION

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You will promptly inform us of any need to deactivate a Password or Email, or change any Unique Identifier. We reserve the right to delete or change your Password, Email, or Unique Identifier at any time and for any reason. Wholesome Spirits Inc will not be liable for any loss or damage caused by any unauthorized use of your account.

PAYMENT

You agree that Wholesome Spirits Inc and the Retail Licensee may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. If you have a question about any Wholesome Spirits Inc or Retail Licensee charge on your credit card statement, please follow the instructions found on the Website to contact customer service.

ORDERING AND DELIVERY

When you sign up to become a monthly Subscriber, your subscription will automatically renew until you cancel it. This means that you subscribe to order, pay for and receive shipments of cocktail boxes from Wholesome Spirits Inc and order, pay for and receive shipments of alcohol from Retail Licensee. You can skip an order and delivery or cancel your membership at any time. Please visit the LogIn section of the Website on instructions on how to do so. Please be aware, however, that because we and our Retail Licensee plan, purchase, and prepare our cocktails in advance, both the skipping service and cancellation request require advanced notice to Wholesome Spirits Inc, as set forth more specifically on the Website. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect on the next shipment.
To maintain the highest quality and integrity of the cocktail ingredients after delivery, we recommend that you immediately refrigerate the non-alcoholic items when you receive them. If you are not home when a delivery arrives, our delivery service will leave the package with an adult over 21 years of age with proper identification who is willing to accept the package on your behalf.
If no recipient over 21 years of age with proper identification is available to accept the package on your behalf, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, both of your orders, for your Wholesome Spirits Inc non-alcohol ingredients and for your purchase of liquor from our Retail Licensee, will be canceled and your money will be refunded, less the applicable re-stocking fees for the orders and the redelivery fee.
Anyone over 21 years of age with proper identification at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit.

LIMITED WARRANTY AND RETURN POLICY

Damaged or expired product will be replaced at the licensees expense.

INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Wholesome Spirits Inc. and Retail Licensee (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Wholesome Spirits Inc. used and displayed on the Platform are registered and unregistered trademarks or service marks of Wholesome Spirits Inc. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others, including the Retail Licensee (the “Third-Party Trademarks”, and, collectively with Wholesome Spirits Inc Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Wholesome Spirits Inc Trademarks inures to our benefit.

SUBMITTED CONTENT

By submitting or posting any materials or content on the Site, you grant Wholesome Spirits Inc a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Wholesome Spirits Inc the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Wholesome Spirits Inc will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.We do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT ACC, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU, AND NOT WHOLESOME SPIRITS INC, ARE SOLELY RESPONSIBLE FOR THE PREPARATION AND STORAGE OF THE COCKTAIL INGREDIENTS INCLUDED IN EACH PACKAGE. OTHER THAN AS EXPRESSLY SET FORTH IN OTHER SECTIONS: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE COCKTAILS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE COCKTAILS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO ACC IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
WHOLESOME SPIRITS INC HAS MADE EVERY EFFORT TO DISPLAY THE COCKTAILS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL COCKTAILS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE COCKTAILS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL COCKTAIL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A COCKTAIL, SERVICE, OR PRODUCT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.

EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Wholesome Spirits Inc, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

 No Injunctive Relief. 

If  Wholesome Spirits Inc breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

 Limitation of Remedies. 

If Wholesome Spirits Inc breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if Wholesome Spirits Inc has been notified of the possibility of such damages.

 General Release of Claims. 

You hereby release and hold harmless Wholesome Spirits Inc and Wholesome Spirits Inc's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the products or services offered or provided on or through the Site the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing). Further, you waive your right to, and in no event shall you seek to, enjoin Wholesome Spirits Inc, any of ACCs officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).

 Dispute Resolution. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning any or all of the following (whether grounded in contract, tort, statute, law or equity) (collectively, the "Dispute(s)") to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor ("JAMS") for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes: this Agreement; the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s and the App’s Privacy Policy); your access or use of the Site; your transactions on, through or in relation to the Site; your purchase or use of any products or services offered, sold, marketed or provided on, through or in relation to the Site; all information disclosed or received on, through or in relation to the Site; all content found on, through or in relation to the Site; all information, communications and statements made on, through or in relation to the Site (including, without limitation, your express consent to ACC sending or otherwise communicating with you via any electronic means or forms, e.g., e-mail, telephone, text message); and/or the Parties’ relationship. The arbitration shall be binding, final and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

 Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 23 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

 Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Charleston, South Carolina, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.

 Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 23. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of South Carolina, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.

 Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.

 Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of South Carolina in Charleston County, United States of America and the United States federal courts in South Carolina, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

 Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.

COMPLIANCE WITH APPLICABLE LAWS

The Platform and the Services (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

This Agreement constitutes a binding agreement between you and Company until terminated by you or Company, which Company may do at any time, without notice, in Company's sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

Wholesome Spirits Inc respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Wholesome Spirits Inc Attention: volley@wholesomespirits.com
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including:(i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located;(ii) a description of the location of the original or an authorized copy of the copyrighted work;(iii) your address, telephone number and e-mail address;(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and(vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws provisions. You expressly and irrevocably agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of South Carolina; and (ii) that the Platform and the Services shall be deemed passive that do not give rise to personal jurisdiction over ACC, either specific or general, in jurisdictions other than the State of South Carolina. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS AVAILABLE ON THE WEBSITE, THE PLATFORM, OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “Communications to Us; User Content,” “Warranty Disclaimer and Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

  

Last Modified. 

This Agreement was last modified on September 6, 2023.

 

PRIVACY POLICY

By visiting our Website, accessing the Platform, and/or using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

THE INFORMATION WE COLLECT

Personal Information

When you sign up to become a Subscriber, order a gift subscription, enter a contest, promotion, or sweepstakes, or sign up to receive our recipes, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information for Subscribers may include your name, date of birth, e-mail address, mailing address, and phone number.

Billing Information

All transactions are processed by our third-party payment vendors. We do not collect, store, or maintain any Billing Information. Instead, it is collected and processed through third-party vendors pursuant to the terms and conditions of their privacy policies and terms of use.

Other Information

In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
From Your Activity. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services.
From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Services. If you do not want the Platform to place a cookie on your hard drive or mobile device, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from us, the Services may not function properly.
From You. Additional information about yourself that you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences.

ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES

If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any ACC marketing email. Subscribers cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

HOW WE USE AND SHARE THE INFORMATION

We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our products, services, upcoming events, recipes, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you. Also, we may share Personal Information, the Billing Information, and/or Other Information as described below.
We employ other companies and individuals to perform functions on our behalf. Examples include delivery services, marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
We provide advertising space and placement to other companies to market and promote their sale of alcohol pursuant to their retail liquor licenses. In order to place orders with these companies, they will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to accept and fulfill your order and to the extent permitted by law. In order to administer our contests, promotions, and sweepstakes, we may share your Personal Information and Other Information with our third-party promotional and marketing partners.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information, the Billing Information, and the Other Information may be part of the transferred assets. To the extent permitted by law, we may also disclose Personal Information, the Billing Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such Information is necessary or advisable, for example, to protect the rights, property, or safety of ACC or others.

HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

EXTERNAL WEBSITES

The Platform may contain links to third-party websites.   Wholesome Spirits Inc has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Platform as soon as they go into effect. By accessing the Platform or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

Last modified on September 6, 2023.

CONTACT

If you have any questions about the Terms of Service, the practices of, Privacy Policy, or your experience on the Site, please contact us at volley@wholesomespirits.com.