Terms of Service

These Terms and Conditions of Use (“Terms of Use”, “Agreement”) set forth the general terms and conditions of your use of the highlinespirits.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Highline Spirits Company, L.L.C. (“Highline Spirits”, “Highline”, “Company”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Highline Spirits, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

You acknowledge that you have read these Terms and Conditions of Use and by entering the Website you agree to accept and be bound by these Terms and Conditions of Use. Your acceptance of the Terms of Use shall take effect immediately on your first visit to the Website and apply until you revoke your acceptance in writing at support@highlinespirits.com. If you do not agree and accept these Terms of Use, without limitation or qualification, please exit the Website.

If there are any conflicts between these Terms of Use and any specific provisions appearing elsewhere on the Website, then these Terms of Use shall prevail.

DISCLAIMER

While we work hard to ensure that the information on the Website is current and correct, Highline Spirits does not warrant the accuracy and completeness of the material on the Website. We may make changes to the content on the Website, including relating to products and prices, at any time without notice. To the maximum extent permitted under the applicable law, Highline Spirits provides you with the Website on the basis that Highline Spirits excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law, including any warranties of merchantability, fitness for a particular purpose, non-infringement and title).

Additionally, you acknowledge and agree that Highline Spirits is not responsible for obtaining and maintaining any computer hardware, software, telecommunications, broadband, equipment, or services needed for your access and use the Website and you are responsible for paying all related charges.

We do not guarantee that the Website, including any content on it, will always be online, available or be uninterrupted. You agree that We, in our sole discretion, reserve the right to suspend, restrict or terminate any part or all of the Website, and in our sole discretion may suspend individual access to all or part of the Website for any reason and at any time.

ACCOUNTS AND MEMBERSHIP

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Website or Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not use the Website for any commercial purposes or to solicit other Website visitors for any reason without express written consent from Highline Spirits. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re- register for our Services. We may block your email address and Internet protocol address to prevent further registration.

USER CONTENT

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

BACKUPS

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

LINKS TO OTHER RESOURCES

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, partnership, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to or relying on any other off-site resources is at your own risk.

PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Highline Spirits Company, L.L.C. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Highline Spirits Company, L.L.C. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Highline Spirits Company, L.L.C. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Highline Spirits or third party trademarks.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Highline Spirits, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to You, or any person or entity for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, data loss, breach of confidentiality) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Highline Spirits and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Highline Spirits for the prior one month period prior to the subject event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to fully indemnify and hold Highline Spirits Company, L.L.C. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any and all liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Michigan, United States without regard to its rules on conduct or choice of law and, to the extent applicable, the laws of United States. Except where disputes arising under this Agreement qualify for Small Claims court, all disputes arising from these Terms of Use or from your Use of the Website or Services, regardless of the basis of such claim, shall be settled by Arbitration administered under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed under those rules, as amended by the this Agreement from time to time. You specifically agree that all matters will be decided by the arbitrator and that, without limitation, you waive any right to a trial by jury or proceedings in court in front of a judge. Class Actions and class arbitrations are not permitted and you agree that you are waiving any rights you have to such actions and agree to give up the ability to participate in a class action. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be Michigan, United States, and you hereby submit to the personal jurisdiction of such Michigan and its courts where applicable as described herein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

CONTACTING US

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
support@highlinespirits.com

This document was last updated on July 21, 2023