Terms & Conditions

The website displayed at www.kybourbontrailshop.com (this “Site) is operated by Upper Right Marketing. Your use and access to this Site is conditional upon your acceptance of these terms of use including our privacy policy. We reserve the right, in our sole discretion, to modify or update these terms of use from time to time with immediate effect. It is your responsibility to review these terms of use periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Contents and Intellectual Property

The copyrights to all materials, content and lay-out of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Upper Right Marketing, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Upper Right Marketing’s express prior written consent. Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Site is owned or licensed by Upper Right Marketing or its parents, affiliates, or subsidiaries and may not be used by you without the prior written consent of Upper Right Marketing or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on this Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

No Warranties

UPPER RIGHT MARKETING DOES NOT REPRESENT THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THiS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Upper Right Marketing also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

Indemnification

You agree to defend, indemnify and hold Upper Right Marketing harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the Site.

Ground Shipping:

You can expect delivery, via UPS or USPS Ground service, within 6-9 business days from the day you place your order (West Coast orders and those to Alaska and Hawaii may take slightly longer).

Questions about your order?

For all customer service inquiries, please call between 9:00am and 5:00pm EST: 1-877-654-0101.
ReturnsPlease email us at kybtshop@upperrm.com if you experience problems with your shipment.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Site’s Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyright work that you claim had been infringed;
A description of where the material that you claim is infringed is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Kentucky Bourbon Trail® Shop’s Copyright Agent for Notice is: Upper Right Marketing
675 Setzer Way
Lexington, KY 40508
Phone: 859-294-4705
Fax: 859-294-0262
Email: customerservice@kybourbontrailshop.com

We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information above. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the materials that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district n which Upper Right Marketing may be found, and that you will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

United States Governing Law; Void Where Prohibited

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of Kentucky, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Upper Right Marketing intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Site is void where prohibited. Your information will be transferred to Upper Right Marketing located in the State of Kentucky, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties. This policy is effective as of April 24, 2007.

Use of this Site

Upper Right Marketing maintains this Site for your personal purchases, entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the material and are retained and such information is not modified, copied or posted on any networked computer to broadcast to any media. All other copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except under Upper Right Marketing’s expressed written consent. All rights not expressly granted here are reserved to Upper Right Marketing. You may not use any computer program tolls, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Site or content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individuals who control or author them.

Limitation of Liability

In no event shall Upper Right Marketing, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your inks to other sites from, this Site. You acknowledge by your use of this Site, that your use of this Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Pricing for the Kentucky Bourbon Trail® SHOP
All prices are listed in U/S/ dollars.

Overseas Orders

Orders outside the U.S. must be placed through our customer service department by calling: 1-877-654-0101. Office hours are between 9:00am and 5:00pm Eastern Time.

Communications with this site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Upper Right Marketing will fully cooperate , including but not limited to, maintaining and disclosing any transmittals or communications that you have had with this Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the Site by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Upper Right Marketing cannot prevent the harvesting of information from this site, and you may be contacted by Upper Right Marketing or unrelated parties, by email or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Upper Right Marketing, may or may not be posted to this Site at the sole discretion of Upper Right Marketing and may be used by Upper Right Marketing or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Upper Right Marketing is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If you transmit any ideas, concepts, materials or other communications to the Site, you accept that it will not be treated as confidential and may be used by Upper Right Marketing without compensation in any manner what so ever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Upper Right Marketing may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Site, Upper Right Marketing is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Site. Upper Right Marketing assumed no responsibility or liability for any actions or communications by you or any related third party within or outside of this Site.

Termination

At its sole discretion, Upper Right Marketing may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

User Name and Password

You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Upper Right Marketing of any unauthorized use of your user name or password or any other breach of security.

Unaffiliated Products and Sites

Descriptions of, or references to , products, publications or sites not owned by Upper Right Marketing or its affiliates do not imply endorsement of that product, publication, or site. Upper Right Marketing has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Upper Right Marketing. Each link to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/ terms carefully before you use that site. Upper Right Marketing does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Upper Right Marketing does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.