- 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.
- Use of Site; Rules of Conduct. Transformation Spirits 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. Transformation Spirits 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.
- Intellectual Property Rights. The Site is owned and operated by Transformation Spirits. 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 Transformation Spirits or its affiliates unless otherwise stipulated in writing. Transformation Spirits’ 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 Transformation Spirits’ Intellectual Property. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Transformation Spirits’ Intellectual Property in any way for any public or commercial purpose, without the prior and express written consent of Transformation Spirits. 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 Transformation Spirits’ Intellectual Property. Transformation Spirits’ Intellectual Property and all rights pertaining thereto remain the exclusive property of Transformation Spirits or its affiliates.
- Online Store.
- 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.
- From time to time, Transformation Spirits 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.
- Transformation Spirits 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.
- You agree to obtain consent to provide Transformation Spirits with personal information of recipients of gifts or Goods ordered by you.
- You may order from Transformation Spirits 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.
- 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.
- Transformation Spirits reserves the right to accept or reject your order for any reason at any time. If Transformation Spirits rejects your order, you will receive a refund of any money paid.
- 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 Transformation Spirits immediately. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- 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. TRANSFORMATION SPIRITS 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. TRANSFORMATION SPIRITS 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.
- 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 Transformation Spirits 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.
- Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Transformation Spirits designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Transformation Spirits, LLC
3044 Bardstown Rd, #199
Louisville, KY 40205