Terms and Conditions
Please review the following rules that govern the use of the Liquor Barn website (“this Website”) before using it.
THIS WEBSITE IS INTENDED FOR USE BY YOU ONLY IF YOU ARE OF LEGAL AGE TO PURCHASE ALCOHOL IN YOUR COUNTRY AND LOCAL JURISDICTION OF RESIDENCE AND IN THE COUNTRY FROM WHICH YOU ARE ACCESSING THE SITE AND THE GEOGRAPHICAL LOCAL WHERE YOU ARE PRESENTLY LOCATED. IF YOU DO NOT FALL WITHIN THIS CATEGORY, YOU MAY BE IN BREACH OF LAWS OR REGULATIONS APPLICABLE IN YOUR COUNTRY OF RESIDENCE OR IN YOUR COUNTRY OF ACCESS AND YOU SHOULD LEAVE THE SITE IMMEDIATELY AND ARE NOT ALLOWED TO ACCESS OR USE THIS WEBSITE. BY CONTINUING TO USE THIS SITE YOU REPRESENT AND WARRANT THAT YOU ARE OF A LEGAL AGE TO PURCHASE ALCOHOL UNDER THE CRITERIA SET FORTH IN THIS PARAGRAPH.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you. We encourage you to review these Terms and Conditions whenever you use this Website.
YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO USE THIS WEBSITE.
OWNERSHIP, COPYRIGHT AND TRADEMARK
“Liquor Stores” as used herein includes Liquor Stores USA South Inc. and all subsidiary and affiliated entities of Liquor Stores USA South Inc., one of more which do business as Liquor Barn and/or Liquor Barn express.
This Website is owned, operated by and is the property of Liquor Stores. The domain name, trademarks, trade names, copyright and other intellectual property of and displayed within this Website are owned and/or licensed, as the case may be, by Liquor Stores.
Liquor Stores expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of the Liquor Stores’ names, logos, marks or any other intellectual property in any manner.
USE OF WEBSITE
This Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software. The content and software on this Website may be used only as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited.
In your use of this Website, you may not:
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms and other such devices in connection with this Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to this Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
use this Website in any manner that could damage, disable, overburden or impair this Website or interfere with any other party’s use of this Website;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through this Website;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with this Website;
collect personally identifiable information of other users or visitors;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; or
post or transmit any worms, viruses, Trojans or other harmful, disruptive or destructive files, code or programs to this Website.
Liquor Stores will fully cooperate with any law enforcement authorities or court order requesting or directing Liquor Stores to disclose the identity of anyone violating these Terms and Conditions.
In its sole discretion, in addition to any other rights or remedies available to and without any liability whatsoever, Liquor Stores may at any time and without notice may terminate or restrict your access to any component of this Website.
Liquor Stores endeavors to provide current and accurate information respecting current promotions and “on sale” or “flyer” items on this Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Liquor Stores cannot guarantee that products advertised on this Website will be available at the store level.
Liquor Stores reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products on this Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other website content without any notice or liability to you or any other person.
LINKS FROM THIS WEBSITE
This Website may contain links to third-party websites that are not owned or controlled by Liquor Stores. Liquor Stores has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Liquor Stores will not and cannot control or edit the content of any third-party site. By using this Website, you expressly relieve Liquor Stores from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. It is up to you to take appropriate precautions to ensure that any website you visit is free of destructive items such as worms or viruses. Accordingly, we encourage you to be aware when you leave this Website and to read the terms and conditions of use for each other website that you visit.
YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIQUOR STORES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, LIQUOR STORES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE, OR EVENTS ATTENDED, WILL MEET YOUR EXPECTATIONS. LIQUOR STORES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE INCLUDING ANY SERVICE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. YOU ACKNOWLEDGE THAT LIQUOR STORES HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ CONTENT OR LISTINGS OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION.
IN NO EVENT SHALL LIQUOR STORES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; (VI) USER SUBMISSIONS OR THIRD-PARTY WEBSITES; (VII) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR EVENT ORGANIZERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, OR YOUR ATTENDANCE AT ANY EVENT POSTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIQUOR STORES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LIQUOR STORES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (I) YOUR USE OF, ACCESS TO OR MISUSE OF THIS WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; OR (IV) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THIS WEBSITE. IF LIQUOR STORES DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS, LIQUOR STORES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO LIQUOR STORES.
You agree that: (i) this Website shall be deemed solely based in Kentucky, United States of America; and (ii) this Website shall be deemed a passive website that does not give rise to personal jurisdiction over Liquor Stores, either specific or general, in jurisdictions other than Kentucky. These Terms and Conditions shall be governed solely by United States and Kentucky law, without regard to conflict of law provisions. Any claim or dispute between you and Liquor Stores or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from this Website shall be decided exclusively by the U.S. District Court for the Eastern District of Kentucky, in Lexington, Kentucky. You further irrevocably agree to submit to the personal jurisdiction of the U.S. District Court for the Eastern District of Kentucky, in Lexington, Kentucky, for the purpose of resolving all such claims or disputes. These Terms and Conditions and any other legal notices published by Liquor Stores on this Website, shall constitute the entire agreement between you and Liquor Stores concerning this Website. If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction, to be invalid, void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Liquor Stores’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Liquor Stores reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of this Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
If you have questions, please contact Liquor Stores by emailing us at email@example.com or at
921 Beaumont Centre Parkway
Lexington, KY 40513
Last revised: January 16, 2012.