Terms & Conditions

Version 1.2

July 1, 2024

Welcome to WhiskeyTrove!

Before you start exploring and sharing your passion for whiskey, please take a moment to read and understand our terms and conditions.

1. Acceptance of Terms

1.1 By using WhiskeyTrove, you agree to abide by these terms and conditions. If you do not agree with any part of these terms, please refrain from using the app.

2. User Accounts

2.1. To use certain features, you may need to create a user account.

2.2. You are responsible for maintaining the confidentiality of your account information and ensuring its security.

3. Collection Information

3.1. The app allows you to track and share details about your whiskey collection.

3.2. You own the information you provide and share, but by using the app, you grant us the right to use, display, and distribute this information within the app.

4. Appropriate Use

4.1. Please use the app responsibly and refrain from any unlawful or harmful activities.

4.2. Do not share inappropriate content or engage in any behavior that violates our community guidelines.

5. Privacy

5.1. We respect your privacy. Please review our Privacy Policy for details on how we collect, use, and safeguard your information.

6. Intellectual Property

6.1. The app and its content are protected by intellectual property laws. You may not use, reproduce, or distribute any part of the app without our explicit permission.

7. Updates and Changes

7.1. We may update or change the app and its features from time to time. Your continued use of the app implies acceptance of these updates.

8. Termination

8.1. We reserve the right to terminate or suspend your account if you violate these terms.

9. Disclaimer of Warranty

9.1. The app is provided "as is" without any warranties. We do not guarantee that the app will be error-free or uninterrupted.

10. Limitation of Liability

10.1. We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the app.

11. Arbitration - Waiver of Trial by Jury

11.1 YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING,WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE,YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY,WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES,AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER,THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT,AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

11.2 Small Claims Court; Class Action Waiver

As an alternative,You may bring Your claim in Your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.You may bring claims only on Your own behalf. Neither You nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING,WITHOUT LIMITATION,ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

11.3 Procedures

These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or You can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.

11.4 30-Day Opt-Out Period

If You do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section,You must notify us in writing within thirty (30) days of the date that You first accept these Terms of Service (unless a longer period is required by applicable law), and then You must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below.Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If You do not notify us in accordance with this paragraph,You agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of Your first acceptance. Such notification must include: (i) Your name; (ii) Your email address and mailing address; and (iii) a statement that You do not wish to resolve disputes with us through arbitration or waive Your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section),You may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if You had properly opted out within the first thirty (30) days after You first accepted the provisions in this Disputes section. If You have not properly opted out, then by rejecting a future change,You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes You did not reject.A notification sent pursuant to this paragraph solely affects these Terms of Service; if You previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future,Your notification that You are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between You and us.

11.5 Severability

If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void.This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of Your relationship with us.

12. Governing Law

12.1. These terms are governed by the laws of California, and any disputes shall be resolved in the courts of California.

Thank you for using WhiskeyTrove! If you have any questions or concerns, please contact us at info@whiskeytrove.com. Cheers! 🥃