CONDITIONS OF USE

Your use of and access to this website (“Site”) constitutes acceptance of these Conditions of Use, all applicable laws and regulations, and our Privacy Policy, available on this Site (collectively, “Conditions of Use”). We reserve the right to amend these Conditions of Use from time to time without notice and at our discretion. Additionally, we reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.

If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained on this Site are protected by applicable copyright and trademark law.

All references to “our,” “us,” “we,” or “company” within these Conditions of Use are deemed to refer to Southern Distilling Company, LLC, its subsidiaries, affiliates, and associates.

01. Permitted Users of this Site

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.

02. Rights

The copyrights to all material, content and layout of this Site (including, but not limited to, text, user and visual interfaces, images, videos, look and feel, design, sound and any underlying software and computer codes) are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Conditions of Use.

03. Intellectual Property

Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Conditions of Use, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property that you may access on the Site. Except as expressly provided in these Conditions of Use, you may not use or reproduce the Intellectual Property.

04. Conditions of Use and Acceptable Usage Policy Relating to Public Forums

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of content from linked sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse. Please be aware that any Postings you make will be deemed not to be confidential or secret.

We do not endorse any Postings, whether we remove them or not. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through Public Forums. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

05. Linked Sites

We do not review all the sites linked to our Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the linked site. The use of any such linked web site is at your own risk.

06. Materials submitted by you

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.

07. No warranties

The Site is provided “as is,” and your use thereof is at your own risk. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. If you are dissatisfied with the Site, your sole remedy is and shall be to discontinue using the Site.

08. No liability

To the fullest extent permitted by law we and our officers, directors, employees, agents and assigns hereby disclaim any and all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from the Site, regardless of whether such loss, cost or damage arises from our negligence or otherwise, and regardless of whether we are or have been expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to, negligence, strict liability or product liability) arising from your use of the Site exceed, in the aggregate, $100.00 (us).

09. User Information

In the course of your use of the Site, you may be asked to provide personally identifiable information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy, including the use of “cookies.” You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

10. Indemnity

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Conditions of Use, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

11. Revisions and Mistakes

The materials appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this Site are accurate, complete, or current. We may make changes to the materials contained on this Site at any time without notice, provided that, we do not make any commitment to update the materials at all.

12. Jurisdiction

These Conditions of Use, including the Privacy Policy and any matter relating to the Site, shall be governed by North Carolina law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Conditions of Use that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of any state or federal court sitting in North Carolina, and you hereby irrevocably consent to the jurisdiction of such courts.

SMS / MOBILE TERMS & CONDITIONS

01. What are your mobile terms?

When you provide us with your mobile phone number, and opt-in to the SDC Text Alerts program you agree that Southern Distilling Company may send you text messages (including SMS and MMS) to that phone number.SDC Text Alerts Message frequency varies. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode 50500. For help, send a text message with the keyword HELP to shortcode 50500. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.‌

02. What can I expect to receive?

When you provide us with your mobile phone number and opt-in to the SDC Text Alerts, you agree that Southern Distilling Company may send you promotional offers via text message (including SMS and MMS) to that mobile phone number.

03. How do I sign up for these text messages?

For our SDC Text Alerts Text Alerts

All you have to do is text “TOUR” to 50500. Message frequency varies, message and data rates may apply, and you can always text HELP for help & STOP to cancel. When you opt-in to the service, we will send you an SMS message to confirm your signup.

If at any time you forget what keywords are supported, just text HELP to 50500. After you send the SMS message HELP to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

05. How do I opt out of these text messages?

You can cancel the SMS service at any time. Just text STOP to 50500. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

06. Will I be charged for the text messages I receive?

SDC Text Alerts will never charge you for the text messages you receive however standard message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided through the number 50500, you can send an email to Suzanne.Boyd@southerndistilling.com.

07. Supported wireless carriers

United States

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).‌

Canada

Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.

***This service and the carriers are not liable for delayed or undelivered messages***

SMS/MOBILE PRIVACY POLICY

Southern Distilling Company is dedicated to protecting your privacy and work hard to ensure our website, and services are both safe and secure for our visitors, clients, and subscribers.

01. Protection of Information

Any information communicated to through SDC Text Alerts and or storage will remain in the ownership of the user, which will be stored securely in accordance with our security policy and the law. Southern Distilling Company will take the necessary steps to secure your personal information with safeguards appropriate to the sensitivity of the information. Southern Distilling Company will, at no time, rent or redistribute this information without your consent, except where legally required to do so.

02. Subscribing and Unsubscribing

It is policy, that just as a user must opt in to a text marketing list, they have the right to opt out of a particular text marketing list as well. When a user opts out of a text marketing list, they will no longer receive any texts unless they, themselves, re-subscribe.

03. Limits On Our Abilities

Even though your privacy is of the utmost importance to us, due to standing legalities, we cannot promise that personal information will not be divulged to third parties in ways not explained by this privacy policy. Furthermore, we can (and you give us permission to) divulge any information about you to private entities, law enforcement or other government officials, as we, in our sole vigilance, believe needed to address and/or answer questions or resolve problems.

SDC Text Alerts reserves the right to change this privacy policy at its discretion. Your continued use of this service after changes to this privacy policy have been posted is taken as acceptance of those changes. It is your responsibility to monitor the privacy policy to determine whether any changes have been made. This privacy policy is subject to and applicable to all privacy laws.

You acknowledge that accepting this privacy policy is a condition of your relationship with Southern Distilling Company and its services and you agree to be bound by all of its terms and conditions.

If you have any questions regarding privacy, please read our privacy policy stated above.

04. Support

Email: Suzanne.Boyd@southerndistilling.com

Call: 704.978.7175