BY USING THIS INTERNET SITE (“barskool.com”) YOU ARE AGREEING TO BE BOUND BY THE USER TERMS AND CONDITIONS OF USE SET FORTH BELOW. barskool inc. RESERVES THE RIGHT TO REVISE THE USER TERMS AND CONDITIONS OF USE FROM TIME TO TIME. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THE USER TERMS AND CONDITIONS OF USE EACH TIME YOU ACCESS AND USE barskool.com. barskool inc., ITS AFFILIATES AND DELEGATED AGENTS MAINTAIN barskool.com IS FOR PERSONAL USE, IN COUNTRIES AND TERRITORIES WHERE THE CONSUMPTION OF ALCOHOLIC BEVERAGES IS LAWFUL, BY PERSONS WHO ARE LAWFULLY PERMITTED TO CONSUME BEVERAGES ( 21 YEARS OF AGE IN THE UNITED STATES, 19 YEARS OF AGE IN CANADA. ) PLEASE EXIT THIS SITE IMMEDIATELY IF YOU DO NOT ACCEPT THE USER TERMS AND CONDITIONS OF USE, ARE NOT OF LEGAL DRINKING AGE FOR THE CONSUMPTION OF ALCHOHOLIC BEVERAGES IN THE COUNTRY OR TERRITORY WHICH YOU ARE LOCATED; OR IF IN A COUNTRY OR TERRITORY WHICH USE OF THIS INTERNET SITE IS NOT PERMITTED AND ILLEGAL. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER barskool inc.. NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT barskool inc. OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. barskool inc. RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE. Use of Materials. You may print or have printed by a third party any downloadable material contained on this Site provided that the following five conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; (iii) the material is not altered in any manner; (iv) you are located in a country or other territory where the consumption of alcoholic beverages is permitted; and (v) you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located. Copyrights, Trademarks and Other Proprietary Rights. The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of barskool inc. and its affiliates (“barskool’s Proprietary Material”) unless otherwise noted. barskool’s Proprietary Material is protected under the laws of Canada and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from barskool’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use barskool’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of barskool inc.. No License. Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of barskool’s Proprietary Material. All rights, title and interest in and to all aspects of barskool’s Proprietary Material remain the exclusive property of barskool inc.. Indemnification. You agree to defend, indemnify, and hold harmless barskool inc. and its affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney’s fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the User Terms and Conditions of Use Jurisdiction. The User Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Canada. You irrevocably consent to the jurisdiction of the courts located in Canada for any action to arising from or relating to the User Terms and Conditions of Use or your browsing or use of this Site. Email or suggestions. Any communication or other content that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will be treated as non-confidential and non-proprietary. By transmitting content to this Site, you automatically grant to barskool inc. a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that barskool inc. and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that barskool inc. need not provide any compensation or acknowledgement to you in exchange for any such use.. You agree not to transmit to this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, pornographic, or profane content, or any other content that could constitute or encourage conduct that would violate any law. barskool inc. and its affiliates will fully co-operate with any law enforcement authorities or court order requesting or directing barskool inc. and its affiliates to disclose the identity of, help identify, or locate anyone transmitting any such content. barskool inc. and its affiliates do not pre-screen or monitor content transmitted to this Site by third parties and are not responsible for screening or monitoring any such content. If notified, barskool inc. and its affiliates may investigate an allegation that content transmitted to this Site is in violation of the User Terms and Conditions of Use and determine whether to have the communication removed from this Site. However, barskool inc. and its affiliates are under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. barskool inc. and its affiliates assume no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. Privacy. Your privacy is important to barskool inc. and its affiliates. This statement describes the information gathering and dissemination practices for our Web site (“barskool.com”), including the types of information we collect and how we may use that information. In summary, we do not obtain any personally identifying information (“personal information”) about you other than that which you choose to provide, and we do not sell, rent, or otherwise disclose any personal information you provide to anyone outside of barskool, our advertising and promotional agencies and consultants. Personal Information In general, you can visit our Site without telling us your name or revealing any personal information such as your address, telephone number or e-mail address. However, before you may enter our Site, you will be required to verify that you are of legal age to consume alcoholic beverages in the country in which you are located. We use this information to prevent minors and people in countries where alcoholic beverages are prohibited from accessing our Site. In certain parts of the Site, we may ask you to provide your name or other personal information so that we can provide you with information that you request and/or respond to feedback that you submit to the site. We may ask you for demographic data, such as your preferred language or country of residence, in order to tailor your experience on the Site, display content customized to your preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information, but without it we may not be able to fulfil some types of requests. If you do not want your personal information collected, simply do not submit it through the Site. We make significant efforts to ensure that the personal information you provide to us remains private. We will not sell, rent, or otherwise disclose the personal information you provide to us through the Site to third parties unless we are required to do so by law or have a good faith belief that such action is necessary to conform with existing laws or to co-operate with law enforcement agencies or in legal proceedings. When you visit our Site, your Internet browser will automatically send us your Internet Protocol (“IP”) address and information such as the type of browser you use, the date and time you accessed our Site, and the IP address of the Web site from which you linked to our Site. We may use this information to give you access to the Site, to tailor your experience on our Site, to display content customized to your preferences, and to otherwise administer the Site. barskool inc. does not send unsolicited e-mail (“SPAM”). We may, however, send you information that you request or respond to your e-mails to us. If you would prefer not to receive direct communications from us, you can opt out of this at the time of information collection. Or, if you decide to have your name removed from our mailing list at a later date, you may do so by sending an e-mail to cheers@barskool.com with the word “UNSUBSCRIBE” in the subject line. Links Our Site may offer links to other sites. We encourage our users to be aware when they leave our Site and to read the privacy and other policies of the sites they visit. Please be aware that we are not responsible for other companies’ policies or practices. This Site contains links to third party Web sites. These links are provided solely for your convenience. barskool inc. and its affiliates do not endorse the content of any such third party Web site, have not reviewed all material linked to any such site, and are not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted solely at your own risk. Security barskool inc. has taken steps to make all information received from our on-line visitors as secure as possible against unauthorized access and use. All information is protected by our security measures, which are periodically reviewed and updated. Please be aware, however, that it may be possible for others to read messages that you send over the Internet, so do not send any information by e-mail that you would like to keep confidential. Amendment of Policy. barskool inc. approaches Internet communications with a strong commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and develop. We therefore reserve the right to amend this Privacy Policy at any time with or without notice. Please check this page periodically for changes. Contacting Us If you have any questions about our privacy statement, the practices of this Site or your experience on barskool.com, please contact us at by e-mail at cheers@barskool.com. General. barskool inc. makes no claims that the content of this Site is appropriate or may be downloaded outside of Canada. If you access this Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that barskool inc. and its affiliates intend to make such products or services available in all countries. If any provision of the User Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the User Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any provision of the User Terms and Conditions of Use shall be deemed a further or continuing waiver of any such provision or any other provision.
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