Terms of Use

LAST UPDATED: November 1, 2016

Terms and Conditions of Use
To access this Website you must be of legal drinking age in the country where you reside. Please exit this Website immediately if you are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Website is not permitted.

By entering this Application, you agree to be bound by the Terms and Conditions of Use (“Terms of Use”), which shall take effect immediately on your first visit of the Application. Please read the Terms of Use carefully before accessing and using the Website. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website.

Brown-Forman Corporation (the “Company,” “we,” “us”) may revise these Terms of Use at any time by updating this posting. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this Website. When using any Services (as defined in Section 2), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into these Terms of Use.

Except as otherwise stated in Section 10 (Promotions), if there is any conflict between these Terms of Use and specific provisions appearing elsewhere on the Website, then these Terms of Use shall prevail.

1. Restricted Uses.
The Website is owned and operated by Company. The content of this Website, including but not limited to any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Company or its affiliates (“Company’s Proprietary Material”) unless otherwise stipulated in writing. Company’s Proprietary Material is protected under the laws of the United States of America and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from Company’s Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Company’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Company. Subject to your compliance with these Terms of Use, and solely for as long as you are permitted by Company to access and use the Website, you may download one (1) copy of any particular materials from the Website for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download.

2. Description of the Services.
The Company provides users of the Website with access to content and services related to the Company’s products and concerning alcoholic beverages generally, including without limitation: (a) content such as information, drink recipes, audio and video clips, photographs, graphics, images, text, data, event information, links to third party websites, user comments, commentary, articles, opinions, postings and messages and (b) services such as “Profiles” (as defined in Section 8), “Forums” (as defined in Section 8), registration functionality, promotions (as described in Section 10) and interactive features (such content and services, collectively, the “Services”).

3. Use of Information/Materials.
You may print or have printed by a third party any downloadable information or materials offered on this Website provided that all of the following seven conditions are met:

• You require the materials or information solely for, private and not for direct or indirect commercial purposes;
• Your use of the materials is for lawful purposes;
• No copyright or other notice regarding the rights or property of third parties is removed from the materials or information;
• You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
• You do not use the materials or information to encourage or condone underage drinking, drunk driving or excessive consumption of alcoholic beverages;
• You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
• You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside or of the age at which you have the legal capacity to contract in the country in which you are resident, whichever is the greater.

4. Limited License.
Except for the limited license to download and print certain material/information from this Website for non-commercial and private purposes only, you have no right to use Company’s Proprietary Material. All rights with respect to Company’s Proprietary Material remain the exclusive property of Company or its affiliates.

5. Information Submitted Through the Website.
Your submission of information through the Website is governed by Company's Privacy Policy and Security Statement (the "Privacy Policy"), and these Terms of Use incorporate by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Website is true, accurate and complete and that you will maintain and update such information as needed such that the information remains true, accurate and complete.

6. Registration; User Names and Passwords.
From time to time, certain sections of this Website may be restricted to registered users. Where a registration procedure applies, you may be required to register with Company in order to access certain areas of the Website. You may not register or make any “Submissions” (as defined in Section 8 (Profiles, Forums, and Submissions)) unless you are of legal age to purchase alcohol in your country or territory of residence and in the country or territory from which you are accessing the Website. With respect to any such registration, we may refuse to grant you, and you may not use, a username or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify Company of any unauthorized use of your password or username or any other breach of security related to your account, your username or the Website, and to ensure that you "log off" and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

7. Rules of Conduct.
We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website and the Services, you agree to comply with all applicable laws, rules, and regulations. In addition, your use of the Website and any Service is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Website pursuant to Section 18 (Miscellaneous) below.

You agree not to:

• Post, transmit, or otherwise make available through or in connection with the Website:
  • any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (f) depicting or endorsing irresponsible drinking; or (g) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
  • any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";
  • any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
  • any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by Company in advance;
  • any personally identifiable information of another individual, without the prior consent of such individual;
  • any material, non-public information about a company, without the proper authorization to do so.
• Use the Website for any fraudulent or unlawful purpose.
• Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
• Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
• Use the Website to advertise or offer to sell or buy any goods or services for any business purpose without Company's express prior written consent.
• Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
• Frame or mirror any part of the Website.
• Create a database by downloading and storing Website content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Company's express prior written consent.

Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website and for paying all charges related thereto.

If Company is made aware of any information or materials posted, transmitted, or otherwise made available through or in connection with the Website that may be a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or a violation of these Terms of Use, Company has the right, but not the obligation, to remove or disable access to the respective information or materials.

8. Profiles, Forums, and Submissions.
If available, you may post certain information and materials on your “profile page” in connection with the Website (your “Profile”). Further, Company and/or its service providers may offer features through the Website that enable you to post information, photographs and other materials and images publicly (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 7 above apply to Profiles and Forums. Additionally, without Company's express prior written consent, you may not use Profiles or Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use Profiles or Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

Information contained in the Profiles and Forums may be provided by third party visitors to the Website. Please note that Website visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. Company and its group companies and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, Company and its group companies and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Company or its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Company.

When you submit or make available any information, photographs or other materials and images through the Profiles, Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that those Submissions will be nonproprietary and nonconfidential, may be made available to the general public, and may be used by Company without restriction. You grant to Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission and that your provision of Submissions through the Profiles, Forums or otherwise through the Website complies with all applicable laws, rules, and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of these Terms of Use for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in a Profile, the Forums or otherwise in the Website. The Profiles and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Profiles and Forums or otherwise through the Website are those of such third parties and not of Company, and Company does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that Company has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

9. Monitoring.
Company may (but has no obligation to) monitor, evaluate, alter, refuse to post or remove Submissions before or after they appear on the Website. Company may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you become aware of any unlawful, offensive or objectionable materials(s) on the Website (except for material that infringes copyright, which is discussed in Section 17 (Claims of Copyright Infringement) below), please contact [[email protected]] with your name and address, a description of the material(s) at issue and the URL or location of such materials.

10. Promotions.
Any prize draws, contests or similar promotions made available through this Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such prize draw, contest, or promotion you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to read the applicable rules, if any, which will be linked from the particular activity and to review the Privacy Policy and Security Statement, which, in addition to these Terms of Use, will govern any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.

11. Links to or from Other Websites.
Except as otherwise expressly stated by Company on the Website, Company is not affiliated or associated with operators of any third party websites that link to or are linked from the Website. Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Website. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Website because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Company shall have the right, at any time and at its sole discretion, to block links to the Website through technological or other means without prior notice.

12. Limitation of Liability and Disclaimers.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO STOP USING THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY FOR COMPANY, ITS GROUP COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE WEBSITE OR SERVICES.

13. Indemnification.
To the fullest extent permitted under applicable law, you will indemnify, defend and hold the Company 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 (the "Claims"): (a) your use of, inability to use, or activities in connection with the Website or any Service; (b) any violation of these Terms of Use or any other Company terms, conditions or policies by you or through any account you may have with any Website; (c) any transaction; (d) any allegation that any Submission or other materials that you make available through the Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Website visitor, user, or customer, or any other third party; and you agree to reimburse the Company 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 Claim(s).

14. Termination and Enforcement.
You agree that Company, at its sole discretion, may terminate your access to or use of the Website or the Services, at any time and for any reason, including without limitation if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use (including but not limited to your failure to comply with the rules of conduct set forth in Sections 7 and 8 (Rules of Conduct; Profiles, Forums and Submissions) above). Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice and that Company may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files and shall not be required to make such information or files available to you after any such termination. Company reserves the right to take steps that Company believes are necessary or appropriate to enforce and/or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party's rights). Sections 4, 7-9, 11-15, and 18 shall survive any expiration or termination of these Terms of Use.

15. Governing Law.
These Terms of Use shall be governed by the laws of the Commonwealth of Kentucky, USA, without regard to its conflict of laws principles. You and Brown-Forman agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Kentucky and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Section 15 (Governing Law).

16. Contacting Us.
If you have any questions regarding the Website or these Terms of Use, please contact us by [[email protected]], by postal mail at: Brown-Forman Corporation, 850 Dixie Highway, Louisville, Kentucky 40210, USA or by telephone at +800-753-4567. Attention: Privacy Officer. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit or other payment card information or other sensitive information in your e-mail correspondence with us.

17. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send the Company a notice requesting that it remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Brown-Forman Corporation, c/o Julie Allen, 850 Dixie Highway, Louisville, Kentucky 40210 USA, Telephone 502-774-7592, Fax 502-774-7188, email: [email protected]

We suggest that you consult your legal advisor before filing a notice or counter-notice.

18. Important Note to New Jersey Consumers.
If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 12 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 12 above, the limitation on liability for lost profits, loss of use, loss of data, loss of other intangibles, loss of security of information, or unauthorized interception of information (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 12 above, application of the limitations of liability to the recovery of damages that arise under contract, tort (including negligence) or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 13 above, the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (e) in Section 15 above, the Kentucky governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law); and (f) in Section 15 above, the provision requiring claims or causes of action to be brought within one (1) year (for example, to the extent that New Jersey law provides consumers with a longer period in which to bring such an action).

19. Miscellaneous.
If any provision of these Terms of Use 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. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Company relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) on the Website, by email, or by postal mail, at Company's discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

California Transparency in Supply Chains Act

Here at Sonoma-Cutrer Vineyards, it’s our mission to embed our core values into the company’s local and worldwide winemaking and business practices. As part of that mission, we focus on our three most important resources: our rich vineyards, our award-winning wines, and the people who make possible everything we do. That care for our people extends to those who are employed by us and to ensuring that those who aren’t – including all members of our supply chain – are treated with dignity.

On January 1, 2012, the Transparency in Supply Chains Act came into effect which requires certain retailers and manufacturers doing business in California to publicly disclose their efforts, if any, to eradicate slavery and human trafficking from their supply chains.

We do not use any forced labor in our operations and we expect the same of our business partners and suppliers. Accordingly, all of our employees are charged with identifying and working with reputable suppliers that are committed to complying with all federal, state, and foreign laws regarding labor practices.

When we source from suppliers, we typically do so from suppliers located in the United States, and we typically do not engage suppliers from countries with an increased risk of human trafficking and slavery. We monitor supplier behavior and compliance to ensure that our suppliers meet our high standards. It is our policy to cease doing business with any supplier who participates in human trafficking or forced labor practices. If we discover a concern with one of our suppliers, we may require appropriate corrective action or terminate the relationship.

We have and are continuing to educate our employees who are involved in the procurement of goods and services about the Transparency in Supply Chains Act to guard against any use of forced labor in our supply chains.

© 2016 Brown-Forman Corporation. All rights reserved.

Privacy Policy

LAST UPDATED: November 1, 2016

Welcome to our Web Site (the “Site”). This Site is administered by Brown-Forman Corporation (“BFC”) in Louisville, Kentucky, USA. We are committed to protecting the privacy of Internet users who visit our Site. This Privacy Practices Policy (“Privacy Policy”) is intended to inform you of the ways in which this Site collects information for the BFC brand featured on the Site (the “Brand”), the uses for that information, and the ways in which we will protect any personal information you choose to provide us.

Effective Date/Updates

This Privacy Policy was last updated on November 1, 2016. We may update this Privacy Policy from time to time. Changes in our Privacy Policy will be effective immediately.

If you are a regular visitor to this Site, we recommend that you check this Privacy Policy on a regular basis. By using the Site, you consent to the collection, use, and transfer of your information in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this Site.

Persons Under Legal Drinking Age Are Not Allowed

BFC maintains this Site for the use of individuals who are of legal age to consume alcoholic beverages under applicable law, and you must be of legal drinking age where you reside to access the Site or provide information to us. We do not solicit or knowingly collect personal information from persons under such legal drinking age, and we do not knowingly market our products or services to persons under such legal drinking age. [www.responsibility.org]

Information Voluntarily Provided by You

We may collect information that our visitors volunteer to us, including but not limited to name, date of birth, postal address, e-mail address, telephone numbers, cell phone numbers, gender, household information, consumption habits, product usage, attitudes and preferences regarding our products and other personal information (collectively, “Personal Information”). Any Personal Information you send us will be used for the purpose indicated on the Site or as stated in this policy.

Use of Personal Information

This Personal Information will be held by BFC and may be used by BFC and its affiliated companies and their agents, partners, or licensees. We will not sell, exchange or otherwise distribute your Personal Information to unaffiliated third parties without your consent, except to the extent required by law, or as set out below:

Agents and Service Providers. We sometimes contract with other companies and individuals to perform functions or services on our behalf. They may have access to Personal Information needed to perform their functions but are restricted from using the Personal Information for purposes other than providing services for us.

Business Transfers. In the event that our business is transferred to or merged with another company or entity, your Personal Information may be transferred to another company or entity that is part of the business transfer or merger.

Legal Matters. We may preserve and disclose any Personal Information and any information about your use of this Site if we have a good-faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of BFC, its affiliates, other users of this Site, or the public; (b) enforce the Site’s Terms of Use; or (c) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

The Personal Information we receive will be used in our marketing, promotion, and advertising of the Brand. As a result of providing us with your contact information, we may contact you by sending you mailings or other communications (electronic or otherwise) regarding the Brand’s products, services, promotions, or upcoming events that we believe may be of interest to you. We may also ask you (or have a service provider ask on your behalf) to participate in a survey seeking information or opinions related to our category of products.

Cookies

Please read our Cookie Policy by clicking here.

In the course of ensuring network security and consistent service for all users, we employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers or the network, and monitor and tune the performance of our networks. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used for the purpose of maintaining the security and performance of our networks and computer systems.

Pixel Tags

We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single-pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.

E-mails to Friends.

In the event that we offer the functionality to permit you to send messages regarding Site-related content to a friend through the Site, you may provide us with your friend’s e-mail address so that we can facilitate your sending a message to your friend; provided, however, that we reserve the right to refuse to facilitate the message for any reason, including without limitation restrictions placed on this functionality by your jurisdiction or that of your friend. BFC may retain your friend’s email address but will use your friend’s address only as described in this Privacy Policy and will not send additional promotional messages to your friend unless your friend registers with us (or has registered previously). Please note that any personal data you provide in connection with your request to send messages to your friend may be disclosed to your friend.

By using our send-to-a-friend functionality, you confirm that all friends you nominate to receive messages are of legal drinking age in the country where they reside and that they have consented to receive the email(s) from this Site that you request us to send.

Promotions

We may have promotions or sweepstakes on our Site. When you enter a promotion or sweepstakes, we will ask for Personal Information about you. We will use this information for the purposes of administering the promotion or sweepstakes. We will also use and store this information for the purposes set forth under “Use of Personal Information” above unless you instruct us otherwise either through mechanisms provided with the entry form or by contacting us. Any additional uses for this information will be set forth in the Official Rules of the promotion.

Information Posted by Visitors

BFC may make available through the Site services such as message boards to which you are able to post information, photos, images and other materials. Please note that any information, photos, images or materials you disclose through such services or otherwise on the Site becomes public information, and may be available to visitors to the Site all over the world and to the general public. In addition, when you choose to make a posting on such services, certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

Also, please recognize that the individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting our opinion.

Third-Party Websites

The Site may contain links to third-party websites. These linked websites are not under BFC’s control, and we are not responsible for the privacy practices or the contents of any such linked website or any link contained in any linked website. We provide such links only as a convenience, and the inclusion of a link on the website does not imply endorsement of the linked website by BFC. If you provide any personal data through any such third-party website, your transaction will occur on the third party's website (not this Site) and the personal data you provide will be collected by and controlled by the privacy policy of that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Your Information and Opting-Out

If you do not want to receive further communications from the Brand, please send a written request to the postal or e-mail address set out in this Privacy Policy or follow the opt-out instructions in the e-mail you receive from us. Please specify the means of communication from which you would like to opt-out. Otherwise, you may not get communications you would otherwise expect to receive from us. To unsubscribe click here.

Access to and Amendment of Information

You can ask to review and correct the Personal Information that we maintain about you by sending a written request to [Sonoma-Cutrer] Consumer Support, 850 Dixie Highway, Louisville, KY 40210 USA or via email at [email protected]

External Links

This Site may include links to other websites whose privacy policies we do not control. Once you leave our servers (you can usually tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you are visiting (unless otherwise stated). That policy may differ from ours. If you can't find the privacy policy of any of these sites via a link from the site's homepage, you should contact the site directly for more information.

Information Storage and Security

This Site and all information that you submit through this Site is collected, stored, and processed in the United States. We use reasonable physical, electronic, and administrative safeguards to protect your Personal Information from unauthorized or inappropriate access. However, regardless of the effectiveness of our security measures, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by, at a minimum, keeping any computer passwords you use to access the Internet or this Site strictly confidential.

Information Related to Employment

If you choose to submit your resume or apply for a position with us through this Site, we will use (and transfer, if necessary) the information you provide in order to evaluate your experience as it relates to potential employment opportunities with BFC or our affiliated companies throughout the world. We will use the information to contact you regarding any positions for which we believe you may be interested in submitting an application or other opportunities at BFC or our affiliates that we think may interest you.

Contact Information

Questions regarding this policy should be directed to Sonoma-Cutrer Consumer Support, 850 Dixie Highway, Louisville, KY 40210 USA or via email at [email protected]

CH1 10774312.2

© 2016 Brown-Forman Corporation. All Rights Reserved.

Linking Policy

This Agreement governs the limited permission Sonoma Cutrer (“Brand”) grants for establishing a hyperlink between a user's website and the “Brand’s” SonomaCutrer.com (“Site”). The “Brand” is the Brown-Forman Corporation brand featured on the Site. By creating a hyperlink between your website and the Site, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements (and submit the information required below), you may link to our site:

A. This Agreement applies only to the Site.

B. You may link by using only standard text hyperlinks, such as those shown above. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of the Brand either on the Site or in any website source code (such as a meta tag) and no such rights are granted herein.

C. You agree that each site on which the link will appear shall conform and be in compliance with the following guidelines:

Each site shall only market products to adults and shall have an independently audited demographic indicating at least 70% of its site visitors are of legal drinking age. The age when a person is considered an "adult" will vary among countries. When a country has adopted either a "minimum drinking age" or "minimum purchase age," such legal requirements will define what is an “adult” for purposes of this Agreement.

Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold. No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group. No site will use sexual slang, situations or depictions, or exploit the human form in any manner that offends local standards of decency.

With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Code of Responsible Practices for Beverage Alcohol Advertising and Marketing of the Distilled Spirits Council of the United States (DISCUS) available at www.discus.org/industry/code/code.htm. You agree not to use the link on any website that disparages the Brand, the Site, or the Brand’s products or services, or which infringes on the Brand’s or Brown-Forman Corporation’s or its affiliates’ intellectual property or other rights. You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.

You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Sites.

You may link only to the opening page for each of the Brand’s Sites and you may not skip the web pages requiring the viewers of our Sites to verify their age.

You may link to the Site only by accepting this Agreement and by completing our contact form.

You agree to indemnify and hold the owners of the Brand and its affiliates (“Brand and Affiliates”) harmless from and against any claims for damages or other claims, asserted against the Brand and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising you’re your website being linked to the Site.

The Brand reserves the right to terminate this Agreement and to seek the appropriate remedies against any action by you that does not conform to these terms and conditions.

You agree that you have entered into this Agreement as a matter of your own free will, and that you will not challenge the validity of this Agreement or its binding effect or enforceability.

Upon the termination of this Agreement, you shall immediately remove the link from your website(s). This Agreement cannot be modified except in a writing signed by both parties. This Agreement is subject to the substantive laws of the Commonwealth of Kentucky and the state and federal courts resident therein, and you agree to be subject to the personal jurisdiction of the Commonwealth of Kentucky, Jefferson County, and the federal court in Louisville, Kentucky with respect to this Agreement. No waiver of any right or action by either party shall be deemed a waiver of any other right or action, or of a continuing waiver of the right or action.

Note that most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing the internet software browsing settings. It may also be possible to change the settings to enable acceptance of specific cookies. Please refer to the help section on your browser. If cookies are disabled you will be unable to access our Website. For more information about cookies and how to disable them please visit www.allaboutcookies.org.

Complete our linking agreement form.

Cookies Policy

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember certain information. Cookies cannot be used by themselves to identify you.

Currently, two types of cookies are used on this Website. However, cookies may be changed at any time by updating this posting. Please refer to the "Last Updated" legend at the top of this posting.
Session cookies are temporary cookies that remain in the cookie file of your browser until you leave the site.

We use session cookies to:

• Carry information across pages of our Website and maintain your preferred language throughout the session. This cookie will be initiated each time you affirm your age on our Website.

Persistent cookies remain in the cookie file of your browser even after the browser is closed. The length of time a cookie remains depends on its lifespan.

We use persistent cookies to:

• Help us recognize that you have already affirmed your age with the Website. If you select the “Remember Me” option, a non-expiring cookie will be used to keep your birth date and country of residence and allows re-entry to the Website without having to affirm your age each time you visit. If you do not choose the “Remember Me” feature, then a cookie is held for two hours and allows re-entry to the Website without having to affirm your age each time you visit. After two hours, you will be prompted to affirm your age again to gain entry to our Website.
• Track the number of entries to a contest/sweepstakes/prize draw. If a contest/sweepstakes/prize draw allows only one entry per day, a cookie may be used to prevent multiple entries. This type of cookie is used only if you enter a contest/sweepstakes/prize draw.
• Generate anonymous, aggregated statistics about the visitors to this Website by using Google Analytics. These statistics help us understand how users navigate the Website and help us improve the structure of our Website. These statistics include for example: most popular and least popular pages visited, amount of time visitors stay on the site and the percentage of visitors that leave the site before entering their birth date. These cookies expire within two years after you leave the Website. Google offers instructions to opt out of tracking by Google Analytics across all websites at http://tools.google.com/dlpage/gaoptout.

Note that most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing the internet software browsing settings. It may also be possible to change the settings to enable acceptance of specific cookies. Please refer to the help section on your browser. If cookies are disabled you will be unable to access our Website.

For more information about cookies and how to disable them please visit www.allaboutcookies.org.