Epic Cask
Definitions
The terms “us”, “we”, and “our” refer to Epic Cask, the owner of this Website. A “Visitor” is someone who browses our Website without registering for our Services. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that encompasses both Visitors and Members. The term “Product” refers to any items we sell or give away.
All text, information, graphics, design, and data presented on our Website or through our Services, either created by us or by our Members, is referred to as “Content”. Content posted by our Members is distinguished as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Epic Cask and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. By using, accessing, and/or browsing our Website, you are agreeing to be bound by these Terms and Conditions, which include warranty disclaimers and other provisions that limit our liability to you. If you do not agree to be bound to each and every term and condition set forth herein, please exit our Website immediately and do not use, access, and/or browse it further. For you to use our Website and/or Services, you may also be required to agree to additional terms and conditions, which will be incorporated into this Agreement unless otherwise stated.
Age Restrictions
Use of our website is restricted to individuals who are of legal drinking age in their country or locality. In the United States, only those aged 21 or above are allowed to use our website.
Privacy Policy
Our Privacy Policy is considered part of this Agreement and is available on this website. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, do not use this Website or our Services.
Arbitration
Any legal disputes or claims arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain an injunction relating to – website operations, intellectual property, and our Service, will be settled exclusively through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such disputes or claims will be arbitrated on an individual basis and will not be consolidated with any claim or dispute of any other party.
The arbitral award may be entered as a judgment in any court with jurisdiction. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect our or your rights or property pending the completion of arbitration.
Each party will bear half the arbitration fees and costs.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Reliance on information posted & disclaimer
The materials contained on our site are provided for general information purposes only and are not intended to constitute legal or other professional advice. We do not accept any responsibility for any loss or damage that may arise from accessing or relying on the information on this site. To the fullest extent permitted by the law, we exclude all liability for any direct or indirect losses or damages arising from the use of this site.
Accessing our site
Access to our site is granted on a temporary basis, and we reserve the right to modify or discontinue any services we provide on our site without notice (see below). We are not responsible for any unavailability of our site at any time or for any period.
Intellectual property rights
You may print off one copy and download extracts of any page(s) from our site for your personal reference and draw the attention of others within your organization to material posted on our site. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. Commercial use of any part of the materials on our site is strictly prohibited without obtaining a licence to do so from us or our licensors. If you breach these terms of use, your right to use our site will cease immediately and you must return or destroy any copies of the materials you have made. All intellectual property rights in our site and the material published on it are owned by us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved.
Our site changes regularly
We strive to keep our site up to date and may revise the content at any time. In rare cases, we may need to suspend or close access to our site indefinitely. While we do our best to keep the material on our site current, it may become outdated without notice and we are not obligated to update it.
Our liability
Our material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or the law of equity. We also exclude any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Epic Cask.
Errors, Corrections, and Changes
Epic Cask does not guarantee that our Website will be free from errors, viruses, or other harmful components, nor do we guarantee that the information available on or through our Website will be correct, accurate, timely, or reliable. We reserve the right to change any content, software, and other items used or contained in our Website or Services at any time without prior notice.
Disclaimer
Our Website publishes content supplied by third parties, including Users, Advertisers, Merchants, and Sponsors. However, Epic Cask has no editorial control over such content and does not guarantee its accuracy, completeness, merchantability, or fitness for any particular purpose. Furthermore, we do not endorse the legality of any content provided by any of these parties. You understand that we do not operate or control the products or services offered by third-party Merchants, and are not a party to any transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and without warranties of any kind from us. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
Moreover, you acknowledge that nothing contained in our Website or Services constitutes financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Epic Cask or our Members. You agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Viruses, hacking and other offences
You must not misuse our site by introducing malicious material, such as viruses, trojans, worms, logic bombs, or other technology that is harmful. You must not attempt to gain unauthorized access to our site, the server on which it is stored, or any other server, computer, or database connected to it. You must not launch a denial-of-service attack or a distributed denial-of-service attack against our site. If you breach this provision, you will be committing a criminal offense under the law. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Your right to use our site will be terminated immediately upon any such breach.
We cannot be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material resulting from your use of our site or from downloading any material posted on it or any website linked to it.
Links from our site
When accessing a site through our website, please be sure to check their terms of use and privacy policies to ensure compliance and to understand how they may use your information. We provide links to other sites and resources provided by third parties on our website for informational purposes only. We have no control over the content of these sites or resources, and we cannot be held responsible for any loss or damage that may arise from your use of them.
Comments
We reserve the right to not publish any comments submitted to the site, using our sole discretion. We may withhold comments that are deemed offensive or spam, for example.
Variations
You must regularly check this page for any changes we make to these terms of use, as they are binding on you. Additionally, some of the provisions in these terms of use may be superseded by notices or provisions published elsewhere on our site. We reserve the right to revise these terms of use at any time by updating this page.
Warranty Disclaimer
Epic Cask is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website or by us. We provide rules for Member conduct and postings, but we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. We are not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time due to maintenance or other reasons. Epic Cask is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
We are also not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email due to technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
We are not liable for any loss or damage, including any personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Any reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
The information, content, and documents from or through our Website are provided ‘as-is’, ‘as available’, with ‘all faults’, and all express or implied warranties are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our Website and Services may contain bugs, errors, problems, or other limitations.
Epic Cask, including all our affiliates, has no liability whatsoever for your use of our Website or Services. We cannot guarantee and do not promise any specific results from the use of our Website or Services, including, but not limited to, related software. We do not represent or warrant that our content, services, or any software found within are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content, services, and related software is disclaimed.
Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our Website or Services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data, or other harm of any kind that may result. We and all our affiliates are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Epic Cask. Our Website and Services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Website or Services will create any warranty, representation, or guarantee not expressly stated in this agreement.
Limitation of Liability
In no event shall our company, its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of our website, content, services, or any related software accessed through or downloaded from our website or services, even if our company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our company’s liability to you for any cause whatsoever, and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us for website and/or services accessed during the previous month of your membership prior to the event giving rise to liability.
Use of Information
By submitting any information or materials to Epic Cask through our Website, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any manner we deem fit. You understand and agree that you will not be compensated for any Member Content. You warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate any complaints or alleged violations of this Agreement and take the necessary actions. This may include, but is not limited to, reporting any suspicious or unlawful activities to law enforcement, regulators, or other third parties and disclosing any information related to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information that is necessary or appropriate.
Payments
If you are purchasing something from us, you guarantee and affirm that (i) the payment information you provide is accurate and complete, (ii) your bank or credit card company will accept the charges you incur, (iii) you will pay the charges at the advertised prices, including any applicable taxes, and (iv) if your initial payment method is not honored, you will still pay the charges incurred, including any additional fees we may incur due to the declined payment.
Refund and Return Policy
If you purchase any goods directly from us, we may offer you a refund within 30 days of you notifying us in writing of your request, along with a valid reason for the return. The product must be returned to us in the same condition as when you purchased it. Any refund or return may be subject to restocking fees as specified on our website.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
If any part of this Agreement is found to be invalid or unenforceable, that portion shall be interpreted in accordance with applicable law. The remainder of the Agreement will remain in full force and effect. This Agreement shall take precedence over any conflicting or inconsistent Content. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of our right to enforce it. The rights granted to us under this Agreement shall remain in effect even after the Agreement is terminated.
Your concerns
If you have any concerns about material which appears on our site, please contact us via our contact page.
Thank you for visiting our site.