Date Effective: January 1, 2022

Acceptance of the Terms of Use

These terms of use (with any documents expressly incorporated by reference herein, collectively, these “Terms of Use”) are entered into by and between Broad Branch Distillery, LLC, a North Carolina limited liability company (“Broad Branch”, “We”, “Our”, “Us” or “Company”) and you. These Terms of Use govern your access to and use of Our websites where these Terms of Use are posted, including http://broadbranchdistillery.com/, and any content, functionality, and associated services offered on or through such websites (as applicable, the “Website”).

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website 

We reserve the right to withdraw or amend this Website and any service, product, or material We provide on the Website in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

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.

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) (“Site Content”) are owned, operated, licensed or controlled 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 grant you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Website. Site Content such as our recipes may be used under limited circumstances in strict accordance with Our policies and copyright protections. You must not access or use for any commercial purposes any part of the Website or any Site Content available through the Website.  If you wish to make any use of any Site Content other than as set out in this section, please address your request to info@broadbranchdistillery.com.

Trademarks

The trademarks, Company name, logos, product and service names, designs, and slogans displayed on the Website are the property of Broad Branch or other third parties. You must not use such marks without the prior written permission of Broad Branch or the third party that owns such property.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and not in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).

You further agree not to use the Website to:

  • Display, send, receive, or store obscene or inappropriate content;
  • Threaten, harass, stalk, defame, or defraud any person or entity;
  • Violate copyright, trademark, or other intellectual property laws;
  • Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies;
  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of sixteen (16) in any circumstance;
  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”);
  • Send deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes;
  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website;
  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms of Use, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
  • Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy; or
  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms of Use, your access to the Website may be terminated immediately and without notice.

Copyright Infringement

If you believe that your copyright or other rights have been infringed, please provide Our designated agent at the address below a written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
  • A description of the copyrighted work or other work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on Our sites, networks or other repositories;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for claims of copyright infringement may be contacted at: info@broadbranchdistillery.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Broad Branch, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Broad Branch. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third-parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Website

All information We collect on the Website is subject to Our Privacy Policy. By using the Website, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties and Limitations of Liability

Except as specifically set forth above, nothing in these Terms of Use confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Broad Branch or any third party. All rights not expressly licensed are reserved.

Although We have attempted to provide accurate information on the Website, We assume no responsibility for the accuracy of the information.

Our Website may contain links to third-party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Website is at your own risk and We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

We may change the products mentioned at any time without notice. The mention of any non-Broad Branch products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

The Website and all information on the Website are subject to applicable federal, state, and local laws, and United States of America export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in Broad Branch’s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THE WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, BROAD BRANCH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

BROAD BRANCH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BROAD BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BROAD BRANCH DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THE WEBSITE IS AT YOUR OWN RISK.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the state of North Carolina, excluding any conflict of laws rules or principles.  If there is any dispute relating to the Website or these Terms of Use, you and Broad Branch agree to exclusive personal jurisdiction and venue in the state and federal courts of Forsyth County, State of North Carolina, United States of America.

Arbitration

At Broad Branch’s sole discretion, We may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.

Waiver and Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms of Use and Broad Branch takes no immediate action, this in no way limits or waives Our rights, such as Our right to take action in the future or in similar situations.

Entire Agreement

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

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@broadbranchdistillery.com