Terms of Service
Last Updated: September 5, 2019
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Please see Sections 6 and 10 below for more information.
1. Use of This Site
To use this Site, you must be at least 21 years old and above the legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site (an “Authorized User”). If you are not an Authorized User, you may be in violation of applicable laws or regulations and you must leave the Site immediately.
LII maintains this Site for your non-commercial, personal use only. If you are an Authorized User, you may download one copy of material displayed on the Site for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use any text, images, video, recordings, software code, HTML, designs, and/or other similar or related content or materials used on or in connection with the Site (“LII Content”) for public or commercial purposes without LII’s prior written permission.
While using the Site, you will not:
- Engage in any conduct that violates or infringes the rights of any other person or entity, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Engage in any conduct that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Create a false identity or impersonate any person, including falsely indicating that you are a LII official or representative, celebrity or public figure;
- Transmit to or though the Site any advertisement, solicitation, junk mail or other unsolicited or unauthorized commercial or promotional content (unless expressly permitted in writing by LII);
- Disrupt or attempt to disrupt the proper working of the Site (e.g., by hacking into LII’s servers or LII’s social media accounts);
- Restrict or inhibit any other person from using and enjoying the Site;
- Use any spambot, bot net or other bot, scraper or other automated means to access the Site or transmit any virus, worm, Trojan or other malware to or though the Site;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
- “Frame” or “mirror” any part of any of the Site unless you have LII’s prior written authorization;
- Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by LII); or
- Assist any person in engaging in any of the activities described above.
2. Intellectual Property
LII retains full and complete title to the LII Content. You may download, print and/or copy LII Content solely for your own personal use. Unless LII provides you with written authorization to do so, you may not:
- Incorporate any LII Content into any other work (such as your own website) or use LII Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell LII Content in any form or by any means; or
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the LII Content.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the LII Content without the written permission of LII.
3. Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by LII or its affiliates do not imply endorsement of that product, publication or site. LII has not reviewed all material linked to or from the Site and is not responsible for the content of any such material. Accessing any other sites is at your own risk.
4. Communications with this Site
Furthermore, LII is free to use any ideas, concepts, know-how, or techniques contained in any communication you send on or through the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Although LII may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, LII is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. LII assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
5. Sweepstakes & Promotions
6. No Warranties; Limitation of Liability
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT. While LII strives to keep information on the Site accurate and up-to-date, we do not warrant that prices, product descriptions, product images, and statements about product availability are accurate, complete, current, or error-free. All products, and the details pertaining thereto, are subject to availability. Product specifications, images, drawings, particulars and other information on the Site are intended to represent a general illustration of the Products only, and do not constitute a warranty or representation by LII that the Products are available as described or will conform with the same.
LII assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
In no event shall LII or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or resulting from your use of or inability to use the Site, the LII Content, or any communication or content you send or transmit on or through the Site. LII is not liable for any personal injury, including death, caused by your use or misuse of the Site or LII Content.
You agree to indemnify, defend and hold LII or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site or any service offered on or through the Site; (b) any violation of these Terms or any other terms, conditions or policies by you or through any account you may have with any website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse LII on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such claim(s).
8. Termination and Enforcement
Termination will not limit any of LII’s other rights or remedies. The provisions of these Terms shall survive suspension or cancellation of your account and/or termination of your access to the Site to the extent necessary to carry out the obligations of you and LII hereunder.
9. Governing Law
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of Connecticut, United States of America, without giving effect to the principles of conflicts of laws of such state. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that LII intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Dispute Resolution
Except where and to the extent prohibited by law, by using the Site, you and LII agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving LII’s intellectual property, (“Dispute”) both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 15 business days in which to respond to or settle the Dispute.
Notice to LII shall be sent to:
Limestone Imports, Inc.
8 Main Street
Ridgefield, CT 06877
Both you and LII agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the New York, New York, area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving LII’s intellectual property.
11. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12. Changes to Terms of Service
We may amend these Terms of Service from time to time in our sole discretion. By continuing to use the Site, or any portion thereof, after we post any such changes, you accept the Terms, as modified. We may change, restrict access to, suspend and/or discontinue the Site, or any portion thereof, at any time. The amended Terms supersede all previous versions of the Terms.
If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.