Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.
Welcome to www.oldelkshop.com (the “Website”). Old Elk provides access to the Website, and the services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. PB&W Co. may also impose limits on particular features or restrict your access to the Website, in part or in whole, without notice or liability.
The Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Old Elk intends to make such products or services available in such countries. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction. If you are not of legal purchase age or legal drinking age in the country in which you reside and the country from which you are accessing this Website, or such country does not allow for the advertising of alcoholic beverage products, exit this Website immediately.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Old Elk, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Old Elk, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Old Elk, its affiliates, or its software suppliers and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Old Elk.
Old Elk or one of its affiliates is the owner of the registered or unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
Old Elk Logo™
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Old Elk or its affiliates may not be used in connection with any business, product, or service whose source is not Old Elk or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Old Elk or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by PB&W Co. or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PB&W Co. or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of PB&W Co. or its affiliates displayed or contained in the Website without the express, written consent of PB&W Co. or its affiliates.
LICENSE AND SITE ACCESS
This right does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Old Elk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Old Elk or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Old Elk’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Old Elk. Any unauthorized use terminates the permission or license granted by Old Elk.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Old Elk and its affiliates reserve the right to refuse service, terminate accounts, and remove or edit content in their sole discretion.
Visitors may not send communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided by Old Elk on an “as is” and “as available” basis. Old Elk makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Old Elk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Old Elk does not warrant that the Website, its servers, or e-mail sent from Old Elk are free of viruses or other harmful components. Old Elk will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to hold harmless and indemnify Old Elk and its affiliates, members, managers, officers, agents and employees from any claim, suit, or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
OUR CONTACT INFORMATION
If you have any questions or concerns, feel free to contact us at the address below or by email at email@example.com.
Old Elk Distilleries, LLC
401 W. Mountain Avenue
Fort Collins, CO 80521