Batch House / KMG Spirits Terms of Service
Welcome to Batch House / KMG Spirits! These Terms of Service outline the rules and regulations for the use of our website.
By accessing this website, we assume you accept these terms and conditions. This site is directed at and intended for your use only if you are of legal age to purchase alcohol and live in the United States. Do not use, or continue to use Batch House / KMG Spirits’ website if you are not of legal age to purchase alcohol, live outside of the United States, or do not agree to all of the terms and conditions stated on this page.
The following terminology applies to these Terms of Service, Privacy Statement, and Disclaimer Notice and all Agreements: “Client,” “You,” and “Your” refers to you, the person accessing this website and compliant to the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us,” refers to Batch House / KMG Spirits. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Batch House / KMG Spirits’ website, you agree to use cookies in agreement with the Batch House / KMG Spirits’ Privacy Policy.
Most interactive websites use cookies to retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Batch House / KMG Spirits and/or its licensors own the intellectual property rights for all material on Batch House / KMG Spirits. All intellectual property rights are reserved. You may access this from Batch House / KMG Spirits for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Batch House / KMG Spirits
- Sell, rent, or sub-license material from Batch House / KMG Spirits
- Reproduce, duplicate, or copy material from Batch House / KMG Spirits
- Redistribute content from Batch House / KMG Spirits
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Intellectual Property
We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms of Service and our Privacy Policy.
The Services contain content owned or licensed by Batch House / KMG Spirits, including, without limitation, name, logo, text, images, audio/visual works, icons and scripts (“Batch House / KMG Spirits Content”). Batch House / KMG Spirits Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Batch House / KMG Spirits, Batch House / KMG Spirits owns and retains all rights in Batch House / KMG Spirits Content and the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Batch House / KMG Spirits Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Batch House / KMG Spirits Content without the prior written permission of Batch House / KMG Spirits.
Monitoring and Enforcement; Termination
We have the right:
- To modify or terminate the Services for any reason, without notice, at any time, and without liability to you.
- To refuse, terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
- To remove, edit, block and/or monitor content on the Services containing materials that we determine in our sole discretion violate these Terms of Service.
Linking to the Services
You may link to our Site homepage, provided you 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 prior express written consent.
The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services 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 must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms of Service.
We may disable any social media features and any links at any time without notice in our sole discretion.
Links on Our Services
If the Services contain links to other sites 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. 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 our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Services Content
We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
Although it is Batch House / KMG Spirits’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Batch House / KMG Spirits reserves the right to remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Batch House / KMG Spirits, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation
- Limit any of our or your liabilities in any way that is not permitted under applicable law
- Exclude any of our or your liabilities that may not be excluded under applicable law
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Disclaimer of Warranties and Limitations of Liability
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services 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 the Sites for any reconstruction of any lost data.
Violation of these Terms of Service may, in Batch House / KMG Spirits’s sole discretion, result in termination of your use of the Services. You understand and agree that Batch House / KMG Spirits cannot and will not be responsible for the content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Batch House / KMG Spirits, we can stop providing all or part of the Services to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Batch House / KMG Spirits OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Batch House / KMG Spirits DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Batch House / KMG Spirits’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OF OR DOWNLOADING MATERIAL FROM THE SERVICES.
Batch House / KMG Spirits DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE Batch House / KMG Spirits CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE.
YOUR USE OF THE SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Batch House / KMG Spirits, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE EQUITY HOLDERS, OWNERS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, LENDERS, ADVISORS, SPONSORS, VOLUNTEERS, INSURERS, AGENTS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “Batch House / KMG Spirits PARTIES”), BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE Batch House / KMG Spirits PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Batch House / KMG Spirits DOES NOT ENDORSE, APPROVE OR VERIFY ANY POSTED CONTENT ON THE SERVICES, AND THE Batch House / KMG Spirits PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
Indemnification
You agree to indemnify and hold harmless the Batch House / KMG Spirits Parties from and against any and all loss, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Service. You also agree to indemnify and hold harmless the Batch House / KMG Spirits Parties from and against any and all claims brought by third parties arising out of your use of the Services and the content you make available via the Services by any means, including, without limitation, through a link, reference to Content, or otherwise.
Waiver and Severability
No waiver of or by Batch House / KMG Spirits of any term or condition set out in these Terms of Service 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 Batch House / KMG Spirits to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 of Service will continue in full force and effect.
Entire Agreement
These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Batch House / KMG Spirits regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services.
Contact Information
If you have any questions about these Terms of Service, please contact us via email at info@batchouse.com.
By using our website, you hereby consent to our Terms of Service and agree to its Privacy Policy.