Terms of Service

Terms of Service

 

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Penelope Bourbon LLC’s relationship with you in the context of this website.

 

The term “Penelope Bourbon” or “Penelope Bourbon LLC” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use:

 

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

These terms of use permit you to use the website only for your personal, non-commercial use.

You are not authorized to and may not:

• Modify copies of any materials from this website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or materials.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the website or any services or materials available through the website.

 

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

 

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.

 

It is a condition of your use of the website that all the information you provide on the website is correct, current and complete.

You may use the website only for lawful purposes and in accordance with these terms of use. You agree not to use the website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or goods to and from the US or other countries).

Additionally, you agree not to:

• Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the website, including their ability to engage in real time activities through the website.
• Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the website.
• Introduce into, on or through the website any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the website.

 

Privacy
Your use of www.penelopebourbon.com is subject to Penelope Bourbon’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. You agree that all information you provide to register with this website or otherwise, including through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Electronic Communications
Visiting www.penelopebourbon.com or sending emails to Penelope Bourbon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Links to third party sites/Third party services
www.penelopebourbon.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Penelope Bourbon and Penelope Bourbon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Penelope Bourbon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Penelope Bourbon of the site or any association with its operators.

 

International Users
The Service is controlled, operated and administered by Penelope Bourbon from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Penelope Bourbon Content accessed through www.penelopebourbon.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification
You agree to indemnify, defend and hold harmless Penelope Bourbon, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Penelope Bourbon reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Penelope Bourbon in asserting any available defenses.

 

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

 

PENELOPE BOURBON LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PENELOPE BOURBON LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PENELOPE BOURBON LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENELOPE BOURBON LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PENELOPE BOURBON LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Changes to Terms
Penelope Bourbon reserves the right, in its sole discretion, to change the Terms under which www.penelopebourbon.com is offered. The most current version of the Terms will supersede all previous versions. Penelope Bourbon encourages you to periodically review the Terms to stay informed of our updates.

 

Governing Law and Jurisdiction

All matters relating to the website and these terms of use and any dispute or claim or losses arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

 

Any claim arising out of, or related to, these terms of use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey although we retain the right to bring any claim or proceeding against you for breach of these terms of use in your state or country of residence or any other relevant state or country in which you can be reached by legal process. You waive any and all objections to the exercise of jurisdiction over you by such courts or tribunals and to venue in such courts or tribunals, including the objection of inconvenient forum.

 

Waiver and Severability

No waiver by Penelope Bourbon of any term or condition set forth in these terms of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition herein, and any failure of Penelope Bourbon to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

 

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.