Terms of Service

Updated September 2021

This page and the documents referred to herein outline the terms of use under which you may make use of this website and all other online or digital platforms which we maintain (including, without limitation, mobile and other applications, such as Facebook, Instagram and ConvertKit). Our Website and online/digital platforms (“Website”, “Site”) are operated by Montanya Distillers. Throughout the Site, the terms “we”, “us” and “our” refer to Montanya Distillers. We offer this Website, including all tools, information, and services, available to you, the user, provided that you accept all terms, conditions, policies and notices stated here.

Please read these terms of use carefully before you use our Site. This Site is intended for use by individuals who are lawfully permitted to purchase and consume alcoholic beverages in their country of residence. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, media and/or contributors of content. By visiting our Site and/or purchasing something from us, you engage in our “Service” and you indicate that you accept these terms of use and that you agree to abide by them.

Please leave our Site immediately if you do not accept these terms of use or if you are not lawfully permitted to consume alcoholic beverages. Content is to be shared only with those able to legally purchase and consume alcohol in their country of residence.

Any new features, tools or content which are added to the current site or store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These Terms of Service are intended to work in concert with our Privacy Policy.

SECTION 1 – SOCIAL RESPONSIBILITY

We have worked hard to create a high-quality product, brand and marketing. It is always our intention to align our Website, marketing and communications with our company philosophies and practices related to drinking responsibly, environmental responsibility, and gender and ethnic diversity. We care about not promoting alcohol to individuals who are below the legal drinking age in their respective country or location, and develop our marketing and communications to encourage responsible consumption of alcohol and alcoholic beverages by those who are legally able to do so.

SECTION 2 – USE OF AND ACCESS TO OUR SITE

Use of our Site and any related communications, including email newsletters, social media posts, online advertising and print communications, is permitted to users who are legally able to purchase or consume alcohol. The Site is not intended for individuals below the legal drinking age or individuals in countries or territories where the sale, advertising and consumption of alcoholic beverages is not permitted. Individuals under 21 in the U.S. or below the drinking age in the country where they are located should not view the content. Users who are legally able to purchase and consume alcohol should not share the content with those who are under age or otherwise disallowed from purchasing and consuming alcohol. You may read more about this in our Responsible Drinking Statement.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to change, suspend indefinitely or terminate the content or services provided on our Site without notice. We reserve the right to suspend or terminate the Site without notice. We will not be liable if, for any reason or any length of time, you are unable to access our Site or the services provided therein.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without express written permission by us.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 4 – OWNERSHIP OF MATERIALS

All materials published on our site, including but not limited to trademarks, designs, logos, text, images, audio and video materials (“Materials”) are owned by us and/or our partners. The Materials are protected by intellectual property laws and treaties and all such rights are reserved. These Materials are provided for the purposes of providing information and services only. Unless explicitly stated on the Site or by a representative of Montanya Distillers (i.e. Founder, Owner, Media Manager or Communications Manager), reproduction of content is not allowed without permission.

Any materials submitted by a third party for inclusion on the website must be original materials, created by that third party or submitted with the permission and consent of the creator. This applies to written materials, photographs, graphics, videos and other forms of content.

If you believe that any materials published on our site are not properly credited to an original source or violate a copyright, please contact us at info@montanyadistillers.com and include the specific web page/URL that contains the source in question. This information must be provided as we will not click on unidentified or suspicious links for any purposes, including the assessment of proper attribution.

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We update our website regularly to reflect current products, services and company messages. The material on this site is provided for general informational use and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6 - ONLINE STORE TERMS

Our website and our online store are hosted on Squarespace. Squarespace provides us with the online platform that allows us to sell our products and services to you. We sell only merchandise and non-alcoholic items for shipment to consumers through the online store, including but not limited to clothing, barware, glassware and bitters (“Merchandise”). The bitters are highly concentrated and in non-potable form, so you do not need a liquor license to buy or sell them.

Cocktail kits, rum infusions and rum are offered for sale on occasion and must be picked up from the Tasting Room in Crested Butte, Colorado and proper identification must be provided at time of pickup to demonstrate the legal ability to buy alcohol. These items and any other alcoholic items ordered through the online store may not be shipped direct to consumer. All other purchases of rum and alcoholic beverages, including but not limited to artisan cocktails, must be made in person at our Tasting Room or through licensed, legally compliant on-premise or off-premise vendors.

The terms of this agreement apply only to purchases of Merchandise made through the online store. Any purchases of Montanya rums or products made through our wholesale program, third-party vendors and retailers, or in our tasting room are subject to their respective purchase agreements with the licensed purveyors.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to drinking and copyright laws).

SECTION 6A - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for the merchandise in our online store are subject to change without notice. Any prices or suggested retail values listed in association with our rums, which are not available for purchase through this site, are not necessarily reflective of what you will find through third-party retailers. We are not responsible for the price at which distributors or third-party retailers sell Montanya rums. Individual business practices and location- and site-specific laws and regulations dictate product prices.

We reserve the right at any time to modify or discontinue the online store (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6B - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6C – SHIPPING

We are a small distillery, not Amazon. We do our best to ship your order within a few days of receiving it, but unexpected delays may occur. We will try, but are not required, to let you know when you can expect to receive your merchandise.

SECTION 6D – RETURN POLICY

Purchases may be returned unused/unworn provided that they are returned within 14 days of receipt. Perishable or consumable items that have been opened, such as bitters, will not be accepted for returns. If purchased items arrive broken or damaged, please send a photograph of the item(s) to info@montanyadistillers.com within 2 business days of receipt and we will replace the items. Unworn clothing that does not fit may be exchanged for a different size.

We will cover the cost of shipping for the replacement of broken or damaged items. You are responsible for the cost of shipping when returning or exchanging items that are not damaged or broken.

This return policy does not apply to wholesale purchases of rum made through our distribution partners or the purchase of rum through our tasting room or third-party retailers. All such transactions are subject to their own rules and polices, as set by the distributor, retailer or tasting room management.

SECTION 6E - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us through our online store. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PAID PLACEMENTS AND PROMOTIONS

We do not publish paid placements or paid content on the website, in our newsletters or via social media.

From time to time, we may pay for product placement or promotion on a third-party social media platform, and share that published content through our own online communication channels.

Also from time to time, we promote events for which we are a sponsor or a host on the blog, in our newsletters or on social media. We do not receive financial or any other form of compensation for these promotions from other event sponsors or host locations.

We also from time to time publish content that features retailers who sell Montanya rum in the form of blog posts, social media posts or in newsletters. This is content that we provide to help customers find our rums in their markets, or to celebrate artisan cocktails and the bartenders who make them. We do not receive money, in-kind benefits or services from the featured retailers. We do not give money, in-kind benefits or services to featured retailers.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Montanya Distillers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Montanya Distillers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in the state of Colorado.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@montanyadistillers.com.