Terms Of Use

Acceptance of these Terms of Use

These terms of use are entered into by and between you and Wigle Whiskey Distillery (the “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://wiglewhiskey.com (the “Website”), including any content, functionality, products, and services offered on or through the Website.

Please read these Terms of Use carefully before you access or use the Website. By using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://wiglewhiskey.com/privacy-policy, incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, you should not access or use the Website.

The Website is offered and available to users who are over the legal drinking age. By using the Website, you represent and warrant that you are over the legal drinking age. If you are not over the legal drinking age, you should not access or use the Website.

Changes to these Terms of Use

It is our policy to post any changes we make to these Terms of Use on this page. The date these Terms of Use were last revised is identified at the top of the page. You are responsible for periodically visiting the Website and these Terms of Use to check for any changes. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check these Terms of Use periodically for updates.

Accessing the Website and Account Security

We reserve the right to remove or modify the Website and any products, services, or materials we provide on or through the Website in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the materials it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide on the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to access and use the Website for your personal, 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 materials on the Website.

You must not access or use any part of the Website or any products, services, or materials available through the Website for any commercial purposes. 

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 of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks 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.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation. 
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• 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 Website or interfere with any other party’s use of 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 of Use.
• 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. 
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or any part of the Website for any violation of these Terms of Use.

YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of the information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such information 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 materials provided by third parties. All statements and/or opinions expressed in those materials are solely the opinions and the responsibility of the person or entity providing those materials. Those 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 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 content on the Website may be out of date at any given time, and we are under no obligation to update such content. 

Information About You and Your Visits to the Website

All information we collect on or through the Website is subject to our Privacy Policy. By accessing or using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Links from the Website

If the Website contains links to other sites and materials provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or materials 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.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS 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 PRODUCTS, SERVICES, OR MATERIALS OBTAINED THROUGH THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR MATERIALS 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 ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS 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, OR 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.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all 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 of Use or your use of the Website, including, but not limited to, any use of the Website’s content, products, services, or materials other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law

All matters relating to the Website and these Terms of Use, and any claims or disputes arising therefrom or related thereto (in each case, including non-contractual claims or disputes), shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Arbitration

All claims or disputes relating to the Website or these Terms of Use shall be resolved exclusively through mandatory, confidential, final, and binding arbitration before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures. The arbitration shall be held in Pittsburgh, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered by any court of competent jurisdiction. You agree that all claims or disputes shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. You waive all rights to a jury trial in any action or proceeding involving any claim or dispute.

Limitation on Time to File Claims

Any claim or dispute relating to the Website or these Terms of Use must be commenced within one (1) year after the claim or dispute arises or such claim or dispute is permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition of these Terms of Use 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 of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 Use will continue in full force and effect. 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Contact Information

To ask questions or comment about these Terms of Use, please contact us at info@wiglewhiskey.com.