Charlotte Bourbon Society, LLC
Website Terms and Conditions and Membership
Last Modified: June 2021
Acceptance of the Terms
These Website Terms and Conditions and Membership are entered into by and between any user or visitor (“you”) and the Charlotte Bourbon Society, LLC (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the following websites owned and/or operated by the Company: www.cltbourbonsociety.com, or any other website owned and/or operated by the Company or any of its parents, affiliates, or subsidiaries and including any content, functionality, and services offered thereon or through it (the “Website”), whether as a guest visiting the Website as a vendor, member, or guest at one of our events.
The Website is offered from and made available in the United States to visitors and members who are 21 years of age or older, and who reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are 21 years of age or older, legal drinking age, and have the authorized authority to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not visit, access, or use the Website.
Changes to the Terms
We may revise, update, and/or replace these Terms at any time and from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website, or events you attend thereafter. Your continued use of the Website, or your clicking “I Accept” or “I Agree” to these Terms when this option is made available to you, following the posting of any changes or revisions to these Terms, means that you accept and agree to the changes. You are expected to check this page each time you access the Website so that you are aware of any changes, as they are binding on you.
Terms of Membership
The Company is a membership organization. To be eligible to join the Charlotte Bourbon Society you must be 21 years of ago or older and live in the Charlotte, North Carolina 11 County metropolitan area. Person wishing to join the Charlotte Bourbon Society living outside this area will be denied membership unless special permission is granted by the Company. For more information about membership, please contact: contact email@example.com.
Memberships can be cancelled at any time by the Company for any failure to comply with these Terms. In the event the Company cancels a membership for any reason, no refunds will be granted. Members can request membership cancellation at any time prior to the billing period. Membership fees will be pro-rated based on the cancellation date. Removal from Facebook group will be immediate.
The Charlotte Bourbon Society will provide promotion of bourbon tastings, swag pop-ups, promotion of other bourbon/whiskey related events as part of membership. The Charlotte Bourbon Society does not sell or provide any alcohol and is not responsible for any members or guests not drinking responsibility.
Our membership options can be found of our Membership Fees page. When you subscribe to our membership your membership account will automatically renew each month until your membership is terminated. All fees collected for membership are collected and processed by our third party payment processor. By registering for membership you represent and warrant that you have the requisite authority to use the payment card entered to pay for your membership, that all information is correct and current, and authorize the Charlotte Bourbon Society and its third party payment processor to process your membership payment on a monthly basis. You also understand that memberships must be canceled before the monthly processing date.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service, or any information, material, content, brand, or product we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to visitors, users, including any customer or vendors that are registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website; and
Ensuring that you and all persons who access the Website through your internet connection are aware of and consent to these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, sound, logos, trademarks (whether or not registered), service marks, or graphics and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, licensors, or other providers of such material of which the Company has the legal right to use it and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to visit or use the Website for your personal, business, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily download and store copies of such materials incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your internet browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Website for your own personal, business, non-commercial use and not for further reproduction, publication, or distribution;
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, business, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
If we provide social media features such as to Facebook, LinkedIn, etc., with certain content, you may take such actions as are enabled by such features.
You must not:
Make additional copies or modify copies of any information, content, or other materials from the Website;
Use any illustrations, photographs, images, video or audio sequences, or any graphics separately from the accompanying text;
Use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without the Company’s prior written permission;
Use any trademarks on any other website or using any trademarks as a “link” on or from any other website unless prior written permission is obtained; or
Delete or alter any copyright, trademark, logo or other proprietary rights notices from copies of materials from this site.
You must not access or use for any purposes any part of the Website or any services or materials available through the Website, unless otherwise expressly agreed to in writing by the Company.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, brands and trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks, whether registered or unregistered, of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards (described below) set out in these Terms;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user, customer, reseller, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Websit.
Prohibited Uses of Membership
As a member , you may use the Website and attend our events only for lawful purposes and in accordance with these Terms. As a member, you agree:
Selling or Trading of alcohol: Facebook and ABC laws prohibit the sale or trading of alcohol without the appropriate license/permit. Charlotte Bourbon Society Members who violate this rule will be removed from the group permanently.
No Promotions: Except as otherwise agreed to by the Company, members shall not use the Website or any of its events for promoting self, a business, personal goods, personalities, non-profit events, other groups, tastings (including bars and restaurants), or live Facebook events. Email email@example.com to request approval. Unauthorized posts will be removed. Multiple offenses will result in removal from the group.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features such as comments (collectively, “Interactive Services”) that may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contribution(s)”) on or through the Website.
All User Contributions must comply with these Terms. Any User Contribution you post to or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms. You further understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, untrue, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
Sell or appear to ell or trade alcohol in violations of Facebook policy and applicable ABC laws;
Any unauthorized self-promotion;
Any irrelevant or spam type content; or
Hate speech or bullying.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Cancel membership, remove members from groups, or refuse entry to events;
Take any other action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. By visiting or using the Website YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material, content, or information on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Website or our relationship to you such as a customer or vendor. Whatever the case may be and as applicable, all such additional terms and conditions are hereby incorporated by this reference into these Terms.
Linking to the Website and Social Media Features
You may link to our homepage only if we have provided you with our express prior written consent; provided, however, that if you link to our homepage with our consent you may only do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent to such association, approval, or endorsement.
The Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website;
Send emails or other communications with certain content, or links to certain content, on the Website; and
Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
Link to any part of the Website other than the homepage; and
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other websites, information, and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links and social media websites, among others from time to time. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions; Export
We are the owner of the Website and we are based in the State of North Carolina in the United States. We provide the Website for use only by persons located in the United States and membership is limited to person living with the 11 county Charlotte metropolitan area. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons located in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any content appearing on or available through the Website. You acknowledge and agree that you will not export or import any content to any country to which export or import is restricted under United States law, that you are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OR CONTENT OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AS IT RELATES TO THE WEBSITE AND THE INFORMATION, CONTENT OR SERVICES OFFERED ON OR THROUGH THE WEBSITE AND UNLESS AS OTHERWISE PROVIDED BY THE COMPANY, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR DOES IT ALTER ANY WARRANTIES OTHERWISE EXPRESSLY PROVIDED BY THE COMPANY IN WRITING.
Event Waiver and Release
By registering to become a member and/or by attending Charlotte Bourbon Society events you hereby understand and acknowledge that attendance and participation in any event sponsored or hosted by the Charlotte Bourbon Society is voluntary and your attendance and/or participation is at your own risk. You acknowledge that the events will serve alcoholic beverages and that you understand and acknowledge that risks associated with participation in events where alcoholic beverages are served and/or consumed. You also understand that while the Charlotte Bourbon Society may host and/or sponsor events where alcoholic beverages are served and/or consumed, the Charlotte Bourbon Society is not licensed to serve alcoholic beverages and therefore is not in any way in control of the beverages served and/or consumed at events. You assume all risk, whether known or unknown, foreseeable and unforeseeable, and in any way connected with your participation and attendance at events. You accept full liability and responsibility for any liability, illness, injury, loss, damage, or heath in any way connected with your participation in the events.
You, on behalf of myself, my personal representatives, family members, guests, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, the Charlotte Bourbon Society, its directors, officers, members, employees, agents, volunteers, and any representatives (hereinafter referred to as “Releasees”) for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees), arising from any injury, property damage or death that I may suffer as a result of my participation in any of the events, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OR FAULT OF THE RELEASEES, OR OTHERWISE, WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE PREMISES WHERE THE EVENT, OR ANY ADJUNCT TO THE EVENTS, OCCURS OR IS BEING CONDUCTED.
You, on behalf of myself, my personal representatives, family members, guests, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the Releasees from any and all liability, including any all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorney’s fees) arising from any injury, property damage or death that you may suffer as a result of my participation in any of the events, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OR FAULT OF THE RELEASEES OR OTHERWISE
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree, at your own expense, to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, or in connection with your use of its content, features or functionality.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal court of the United States or the state courts of the State of North Carolina, in each case located in the City of Charlotte and County of [COUNTY], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, accessibility, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
We strive to maximize access to the Website for persons with disabilities. We’re continually working to make the Website more accessible for customers, vendors, and visitors. Where possible, content provided on the Website strives to meet level AA Standards of the Web Content Accessibility Guidelines (WCAG 2.0). We have a dedicated team working with third-party consultants to test and make regular updates and
continued improvements. If you would like to request accessibility-related assistance, report any accessibility problems, or request any information in accessible alternative formats, please contact us using the information below.
Your Comments and Concerns
The Website is owned and operated by The Charlotte Bourbon Society, LLC.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.