Last Updated On December 29, 2022
1. General Terms
Minors are not permitted to use this Site. You must be twenty-one (21) years of age or older and a resident of the United States to use this Site. You represent that all information, data and other materials provided to this Site or to Drinkmanship are true, accurate, current and complete. You are responsible for updating and correcting any information that is not true, accurate, current or complete, as appropriate.
Drinkmanship is controlled and operated from its offices within the United States. Drinkmanship makes no representation that the information, features, products, and services available on this Site are for use in other locations outside of the United States.
3. License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, images, as well as the selection and arrangement thereof) is the exclusive property of Drinkmanship, its vendors, suppliers, affiliates, partners or its content providers, and is protected by copyright, trademark and other applicable US intellectual property laws.
Drinkmanship grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available for this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other intellectual property notices that appear in the content. Drinkmanship retains full and complete title to the content available on this Site, including all associated intellectual property rights, and provides this content to you under a limited license that is revocable at any time in Drinkmanship’s sole discretion and without notice. Drinkmanship strictly prohibits any other use of any content available through this Site. Termination of your use and access of this Site will not waive or affect any other right, relief or remedies to which Drinkmanship may be entitled, at law or in equity.
4. Information You Submit
You acknowledge that you are responsible for any information submitted to this Site. As stated above, you represent that all information, data and other materials provided to this Site or to Drinkmanship are true, accurate, current and complete. As such, you may not use a false email address or other false identifying information, impersonate any person or entity or other mislead as to the origin of any information. Some features available on this Site may require registration. By registering, again, you agree to provide true, accurate, current and complete information about yourself.
5. Member Accounts
6. Third Party Links
This Site may contain links to other websites, resources, or other online venues that are operated by third parties not affiliated with Drinkmanship. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are in no way responsible or liable for any third party, content, advertising, products, services, or other materials on or available for such websites, resources, or other online venues. Inclusion of links to other websites, resources, or online venues should not be considered as an endorsement of the content therein. Different terms and conditions and privacy policies may apply to your use of any linked sites, resources, or online venues. Drinkmanship is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on such third party content, advertising, products, services, or other materials available on or through any such linked website, resource, or other online venue.
7. Social Media Sites
8. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. DRINKMANSHIP DISCLAIMS ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
9. Limitation of Liability
CERTAIN PROVIDERS OF PRODUCTS AND SERVICES ARE LISTED ON THIS SITE AND THESE PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF DRINKMANSHIP. DRINKMANSHIP SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF PRODUCTS AND SERVICES FROM PROVIDERS LISTED ON THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), DRINKMANSHIP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE PROVIDERS LISTED ON THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THIS SITE; OR (6) ANY USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DRINKMANSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). IT IS THE RESPONSIBILITY OF THE USER (YOU) TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE.
YOU AND DRINKMANSHIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.
11. Electronic Communications
When you use this Site or send emails to Drinkmanship, you are communicating with Drinkmanship electronically. You consent to receive electronically any communications related to your use of this Site. Drinkmanship will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
12. Dispute Resolution; Governing Law; No Class Actions
- Informal Dispute Process. Either party asserting a claim shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 60 days in which to respond. Notice shall be made by first class or registered mail (1) to Drinkmanship, Attention: Legal Department, 3354 Hill Park Drive, North Charleston, South Carolina 29418 or (2) to you at the address on file with Drinkmanship. Both you and Drinkmanship agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. You or we must include a copy of the notice and proof of mailing with any arbitration demand.
- Class Action Waiver. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. You also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
13. Survival of Terms
14. Force Majeure
In the event that a provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions, hereof, all which shall remain in full force and effect.
17. Entire Agreement
18. Contact Information
Attn: Legal Department
3354 Hill Park Drive
North Charleston, South Carolina 29418