Terms of Use

Last Updated: November 22nd, 2017

INTRODUCTION

This website and/or mobile application (collectively ”Site” or “Sites”) is provided by Brother Justus Whiskey Co. LLC, a Minnesota Limited Liability Company and/or its affiliates (“Brother Justus,” “we,” or “us”). These Terms of Use (“Terms”) apply to all Sites where they are posted and/or referenced. By using this Site, you accept these Terms. Please read them carefully. By using this Site, you also certify that you are 21 years of age or above. Some services offered on this Site may be subject to additional terms and conditions, which can be found at the location where such services are offered.

If you are under 21 years of age or do not accept these Terms in their entirety, please leave the Site immediately.

 

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.  

 

If you are accepting this agreement on behalf of your employer, you affirm that you have the authority to accept this agreement on its behalf.  You affirm that you are 21 years of age or above and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms, and to abide by and comply with these Terms.

MODIFICATION

We reserve the right to modify these Terms at any time. By continuing to use the Site after we post any such modifications, you accept the modified Terms.

PRIVACY

Any personal information you provide through the Site will be used by us in accordance with our Privacy Policy, the terms of which are incorporated herein by reference.

YOUR ACCOUNT

You are responsible for the confidentiality of your account (if any), your password (if any), as well as all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, in our sole discretion. We may also change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.

CONSENT TO ELECTRONIC COMMUNICATIONS

When you visit the Site or send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notices or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SITE CONTENT

We, our suppliers and/or Site visitors may post content on the Site including, without limitation, merchandise information, product descriptions, reviews, and comments (collectively, “Site Content”). Site Content is presented for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We do not warrant that Site Content is accurate, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of, goods and services provided by third party advertisers on our Site or others to whose sites we link. Product information contained on the Site may be different from information contained on the product materials due to manufacturing changes. If you find a product is not as described on the Site, your sole remedy is to return it in unused condition to the store from which it was purchased (excluding products that are not eligible for return).

COLORS

We attempt to display the colors of the products shown on the Site as accurately as possible. However, we cannot guarantee that the color you see on the Site matches the product color, as the display color depends, in part, upon the monitor or screen you use.

PRICING, SITE ERRORS AND OMISSIONS

Pricing or other errors or omissions may occur on the Site from time to time. Brother Justus attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Brother Justus.

THIRD PARTIES

References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third-party linked site or any link contained in any linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party's terms and policies.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Site visitors may be permitted to post and submit reviews, comments, photos, videos, and other content to the Site, so long as the content is not, in Brother Justus’s sole discretion, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content you post on the Site or submit via the Site. If you post or submit content to us, and unless we explicitly state otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or unknown. You grant to us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor or edit or remove any activity or content on the Site. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials on the Site (collectively, the “Intellectual Property”) are owned, controlled or licensed by Brother Justus, one of our affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the Intellectual Property and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Intellectual Property; (2) do not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third party in a commercial manner.

No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Sites, or any related software without the prior express written consent of Brother Justus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brother Justus without its prior express written consent. You may not use any metatags or any other “hidden text” utilizing Brother Justus’s name or trademarks without the prior express written consent of Brother Justus. You may not misuse the Site. You may use the Site only as permitted by law and/or as set-forth in the Brother Justus policies governing such use. The licenses granted by Brother Justus shall automatically terminate if you do not comply with these Terms.

All software used on the Site is the property of Brother Justus or its suppliers and is protected by U.S. and international copyright laws. All rights not expressly granted to you in these Terms are reserved and retained by Brother Justus or our licensors, suppliers, publishers, rights-holders, or other content providers. Brother Justus names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through the Site are trademarks or trade dress of Brother Justus. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brother Justus. All other trademarks or marks not owned by Brother Justus that appear on the Sites are the property of their respective owners, who may or may not be affiliated with or connected to Brother Justus.

INDEMNITY

You agree to defend, indemnify and hold Brother Justus harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys; fees and litigation expenses), relating to or arising from your use of the Sites and/or any breach by you of these Terms.

NOTICE AND PROCEDURE FOR INFRINGEMENT CLAIMS

If you are an intellectual property owner or an agent thereof and believe that either (1) any content on the website or (2) any material or activity contained on an online location to which Brother Justus has referred or linked users, infringes upon your intellectual property rights, you may submit a notification by providing Brother Justus with the following information in writing:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
     

  2. identification of the copyrighted work, trademark, name or likeness claimed to have been infringed, or a representative list of such works on the website;
     

  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
     

  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
     

  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
     

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification should be submitted to:

Brother Justus Whiskey Co. LLC
Re: Infringement
451 Taft St NE
#L13
Minneapolis, MN 55413
business@brotherjustus.com

 

DISPUTES

Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration in the federal judicial district in Minneapolis, Minnesota, USA, except to the extent that you have, in any way, violated or threatened to violate any Brother Justus intellectual property right. Any Site visitor who intends to seek arbitration must first send to Brother Justus by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to Brother Justus Whiskey Co. LLC, 451 Taft St NE, #L13, Minneapolis, MN  55413, Re:: Arbitration Demand. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

All arbitrations required by these Terms will be conducted under the rules then prevailing of the National Arbitration Forum. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, the Site (including, without limitation, any Brother Justus advertisement or disclosure, any email or text message or other communication that Brother Justus sends to or has with you, or the collection or use of any information about you in connection with the Site), these Terms or your status as a Site visitor is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Brother Justus and you agree otherwise, the arbitrator may not consolidate more than one Site visitor’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against Brother Justus in any court, or in arbitration, with respect to any claims relating in any way to the Site (including without limitation Brother Justus advertisements and disclosures, email and text messages Brother Justus sends to you, or relating to the collection or use of any information about you in connection with the Site), these Terms, or your status as a Site visitor. This section (confidential arbitration) will survive the termination of the relationship between you and Brother Justus. Brother Justus or you may seek injunctive relief in any state or federal court in Minneapolis, MN, USA, and Brother Justus and you consent to the exclusive jurisdiction and venue in the state and federal courts in Minneapolis, Minnesota USA, as described herein for injunctive relief purposes. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

DISCLAIMER

THIS SITE IS PROVIDED BY BROTHER JUSTUS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROTHER JUSTUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BROTHER JUSTUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BROTHER JUSTUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED, INCLUDED, REFERENCED OR ADVERTISED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BROTHER JUSTUS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BROTHER JUSTUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL BROTHER JUSTUS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE-HUNDRED DOLLARS ($100.00) IN CONNECTION WITH YOUR USE OF THE SITE.

APPLICABLE LAW

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Brother Justus.  You further agree that : (i) the website shall be deemed solely based in Minnesota, USA; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Brother Justus, either specific or general, in jurisdictions other than Minnesota.

MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Brother Justus in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or posts on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site and constitute the entire agreement among you and Brother Justus regarding use of the Site. Brother Justus’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect.

CONTACT AND VIOLATIONS

Please contact us with any questions regarding these Terms. Please report any violations of the Terms by emailing business@brotherjustus.com.