Terms of Use
Welcome to our website. The following Terms of Use (“Terms of Use”) govern your use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. References to “we,” “our,” “us”, “Jacob Spears” or “Our Brand” herein refer to Jacob Spears Bourbon, its brands, and affiliates. References to our “Site” refer to this website, our mobile apps for this website, and our Social Media Sites. In addition to these Terms of Use, we encourage you to read our Privacy Policy, which governs the use of any personal information submitted by you via our Site.

I. BY USING OUR SITE, YOU AGREE TO THESE TERMS OF USE
We may modify these Terms of Use at any time. Each time you access our Site, it is your responsibility to review these Terms of Use for updates. Your continued use of the Site after we have posted any modifications means you accept such modified Terms of Use. If you disagree with these Terms of Use (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site. We may offer promotional activities or benefits, such as membership benefits or events, education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits (“Promotional Terms”). If these Terms of Use are inconsistent with those Promotional Terms, those Promotional Terms will control for those applicable activities or benefits.

II. YOU MUST BE 21 YEARS OR OLDER TO USE OUR SITE
If you are younger than 21, please exit our Site immediately. We do not sell alcohol to persons under 21. By continuing, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.

III. PRIVACY PRACTICES
Any personal information submitted by you via our Site is governed by our Privacy Policy. Please review this policy to understand how we may use your personal information and our other privacy practices.

IV. OTHER APPLICABLE TERMS
Where available, the purchase of alcohol or other products from our Site is also governed by other terms disclosed on this Site Shipping Terms, and any other applicable terms posted to this Site. Our Site may contain links to other websites operated by Jacob Spears which contain additional terms of use. If these Terms of Use are inconsistent with any of those additional terms, those additional terms will govern the applicable purchase, service, or website.

V. MEMBERSHIP ACCOUNT INFORMATION
Where applicable, you may need to register as a member to access certain portions of our Site, and you may be required to be logged in to your account and have a valid payment method on file. To register, you must provide current, complete, and accurate information as prompted by the registration form and choose a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activity under them. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate memberships or accounts, refuse service, or cancel orders in our sole discretion and without liability.

VI. SITE CONTENT IS PROTECTED BY U.S. AND INTERNATIONAL LAWS
All content included in or made available through our Site — such as text, images, logos, graphics, and functionality — is the property of Jacob Spears or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content except as expressly permitted by these Terms of Use (or as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service in any manner likely to cause confusion among customers or that disparages us. Subject to your compliance with these Terms of Use, Jacob Spears grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site or its content in any commercial manner. We may revise or withdraw access to our Site at any time without notice or liability to you.

VII. USER COMMENTS AND OTHER SUBMISSIONS
We welcome comments and feedback regarding our Site and products but do not accept confidential or proprietary information. By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, or other submissions (“User Submissions”), you grant Jacob Spears an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of, and exploit the User Submissions in any manner without limitation (including for commercial purposes) in any medium now existing or developed in the future. You also grant Jacob Spears the right to use the name you submit in connection with the User Submission. Do not use a false e-mail address or otherwise mislead as to the origin of any User Submission. By posting or submitting User Submissions, you represent that they are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious, and that they contain no viruses or malicious code. You may be personally liable for any User Submissions you post or submit in violation of law, third-party rights, or these Terms of Use.

VIII. INTELLECTUAL PROPERTY COMPLAINTS
If you believe your intellectual property has been copied or provided to us in a way that constitutes copyright infringement, please provide the information specified below in writing. Do not use this procedure for any other purpose. Include the following:
– Signature of person authorized to act on behalf of the copyright owner
– Description of the copyrighted work
– Description of where the infringing material is located on our Site
– Your address, telephone number, and e-mail address
– Statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or law
– Statement, under penalty of perjury, that the information in your notice is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner
If the content was removed under the take-down procedures of the U.S. Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you will receive instructions from Jacob Spears about that process.

IX. ELECTRONIC COMMUNICATIONS
When you visit our Site or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that those communications be in writing.

X. SOCIAL MEDIA RULES
We enjoy engaging with our customers via our Social Media Sites, but you must adhere to the rules below whenever you post on our Social Media Sites. You must be 21 or over to visit or post on our Social Media Sites and any communications regarding our products must not encourage or depict excessive consumption, underage drinking, or misuse of our alcohol products. We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the rules below or that we deem offensive, inappropriate, or unacceptable in our sole discretion. We do not regularly review posted content and take no responsibility for content posted by you or any third party.
– Respect Others. Do not post content that is derogatory, disparaging, sexist, racist, promotes bigotry, or is abusive, threatening, vulgar, or obscene. Nudity and sexually explicit content are not allowed.
– Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
– Don’t Infringe. Do not post content you do not own or have the right to use. Do not post images of any person without their written consent.
– Respect Privacy. Do not post personal information (name, phone, address, email) of others or solicit such information. Don’t spam.
– 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
You must also abide by the terms of use of the social media platform where you post.

XI. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
Our Site may contain links to other websites not owned or operated by us. We are not responsible for those websites, their content, or any goods or services available on those websites. Inclusion of any linked website on our Site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.
While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access.
OUR SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JACOB SPEARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JACOB SPEARS DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
NEITHER JACOB SPEARS NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY PROMOTIONAL ACTIVITIES. IF THE ABOVE LIMITATIONS ARE HELD UNENFORCEABLE, OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JACOB SPEARS AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY CONTENT YOU POST.
Some states do not allow exclusion or limitation of certain warranties or liabilities; in those states, the above limitations may not apply. This section survives termination of your use of our Site.

XII. GOVERNING LAW
The laws of the State of Kentucky, USA, will apply to the interpretation and enforcement of these Terms of Use and any dispute arising out of or related to our Site, without regard to conflict of laws principles. The Federal Arbitration Act applies to disputes concerning the Dispute Resolution Procedures and Agreement to Arbitrate.

XIII. DISPUTE RESOLUTION PROCEDURES AND AGREEMENT TO ARBITRATE
 A. INFORMAL RESOLUTION; NOTICE OF DISPUTE
Before filing any claim arising out of these Terms or use of our Site, the parties must first attempt to resolve it informally. The claimant must send a written Notice of Dispute by email and mail including name, contact information, description of the claim, the relief sought, and supporting documents. The parties will work in good faith to resolve the claim for 60 days after receipt (the “Resolution Period”). Limitations periods are tolled during the Resolution Period. This informal process is required before arbitration may be initiated.
 B. AGREEMENT TO ARBITRATE; SMALL-CLAIMS CARVE-OUT
Except for claims that may be brought in small-claims court on an individual basis, any dispute arising out of or relating to these Terms will be resolved by binding individual arbitration. Class actions and collective arbitrations are not permitted. Each party may bring appropriate disputes in small claims court if within that court’s jurisdiction.
 C. ADMINISTRATOR; RULES; REMOTE PROCEEDINGS
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules for business claimants) as modified by these Terms. If AAA is unavailable, the parties will select JAMS or another administrator that agrees to administer consistent with these modifications. Hearings are remote by default unless otherwise ordered.
 D. FILING AND BATCHED PROCEEDINGS
If 25 or more similar claims are filed by or with the same or coordinated counsel (“Mass Arbitration”), the AAA Mass Arbitration Supplementary Rules will apply, with claims batched into groups of up to 20 and processed on a bellwether basis. Remaining claims will be stayed until the first batch is resolved, and parties will then confer in good faith.
 E. FEES AND COSTS
Jacob Spears will pay the consumer’s initial filing fee for individual arbitration, except that in Mass Arbitration Jacob Spears will be responsible for Business fees and Mass Arbitration claimants will be responsible for Individual fees. The arbitrator may award reasonable attorneys’ fees and costs only where authorized by statute. Punitive or exemplary damages may be awarded only where permitted by law.
 F. PUBLIC INJUNCTIVE RELIEF
A party may seek public injunctive relief (relief primarily to prohibit unlawful acts threatening future public injury) in court; such claims will be stayed until after individual claims are resolved in arbitration. If a court determines public injunctive relief may be awarded in arbitration, the arbitrator may award such relief only to the extent required by law.
 G. 30-DAY OPT-OUT
You may opt out of arbitration by sending written notice within 30 days of first agreeing to these Terms. Opt-out will not affect your access to our Site.

XIV. GENERAL
These Terms of Use and the other policies on our Site constitute the entire agreement between you and Jacob Spears regarding our Site. Jacob Spears’s failure to exercise any right under these Terms does not operate as a waiver of such right. Section titles are for convenience only. Uses of “including” or “includes” are not limiting. If any provision is unlawful, void, or unenforceable, it is severable and will not affect remaining provisions.

XV. ADDITIONAL ASSISTANCE
If you do not understand any of these Terms of Use or have questions, please contact us.