terms of use

The Site provides information about Conteur Élan, our bourbon, Story Society, events, experiences, cocktails, community and related products and activities.

Information presented on the Site is provided for general informational and promotional purposes.

We may modify, suspend, withdraw or discontinue any portion of the Site at any time, subject to applicable law.

Conteur Élan is a beverage-alcohol brand. References to our products are intended for adults of legal drinking age.

Nothing on the Site should be interpreted as encouraging excessive or irresponsible alcohol consumption.

Do not drink and drive. Do not consume alcohol when doing so would be unsafe, unlawful or inappropriate.

Information concerning our products, including age, origin, class or type, alcohol content, production methods and other product characteristics, is intended to correspond with applicable approved labeling and regulatory requirements.

Conteur Élan products may not be available in all jurisdictions.

Availability is subject to applicable federal, state and local laws, licensing requirements, inventory, retailer availability and other restrictions.

Purchases of beverage alcohol may be facilitated or fulfilled by independent licensed retailers, ecommerce providers, marketplaces, fulfillment providers or other third parties.

When you leave the Site or interact with a third-party purchasing service, your transaction may be governed by that third party's terms, privacy policy, shipping policies, return policies, age-verification requirements and other conditions.

Conteur Élan does not guarantee that any product displayed on the Site will be available for purchase in your location.

We endeavor to present product descriptions, images, pricing, availability and other information accurately.

However, errors may occasionally occur, and product packaging, availability, pricing, specifications and other information may change.

Where purchases are made through a third-party retailer or commerce provider, the price, taxes, shipping charges, availability and other transaction terms presented by that provider at the time of purchase will govern the transaction, subject to applicable law.

Participation in the Conteur Élan Story Society is subject to eligibility requirements and any additional terms presented when you enroll.

Membership does not guarantee access to any particular product, allocation, event, experience, promotion or benefit.

Story Society benefits, experiences, communications and offerings may change over time.

Membership may not be transferred, sold or used for commercial purposes unless expressly authorized by Conteur Élan.

We reserve the right, subject to applicable law, to suspend or terminate participation in cases of fraud, abuse, misuse, violation of these Terms or other inappropriate conduct.

The Site may allow you to submit stories, photographs, comments, testimonials, messages or other materials (“Submissions”).

You remain responsible for anything you submit.

By making a Submission, you represent that:

• • You have the necessary rights and permissions to submit the material.
• • Your Submission does not violate another person's copyright, trademark, privacy, publicity or other rights.
• • Your Submission does not contain unlawful, defamatory, threatening, discriminatory, obscene, fraudulent or otherwise inappropriate material.
• • Any individuals depicted in submitted photographs or other content are adults of legal drinking age where required by the context.
• • Your Submission does not depict irresponsible or unlawful alcohol consumption.

Additional Story Submission Terms may apply when submitting content through the Share Your Story experience.

The Site and its content—including the Conteur Élan name, logos, trademarks, trade dress, bottle and packaging imagery, designs, graphics, photographs, films, videos, audio, text, copy, recipes and other materials—are owned by or licensed to Conteur Élan and are protected by applicable intellectual-property laws.

You may access and use the Site for your personal, noncommercial use.

Unless expressly authorized in writing by Conteur Élan, you may not reproduce, modify, distribute, publish, display, transmit, create derivative works from, commercially exploit or otherwise use Site content except as permitted by applicable law.

Nothing contained on the Site grants any license or right to use any Conteur Élan trademark, logo, trade dress or other intellectual property without prior written permission.

You may not use the Site to:

• • Violate applicable law or regulation.
• • Misrepresent your identity or age.
• • Attempt to gain unauthorized access to the Site or related systems.
• • Introduce viruses, malicious code or harmful technology.
• • Interfere with the security or operation of the Site.
• • Scrape, harvest or collect information through unauthorized automated means.
• • Impersonate Conteur Élan or another person.
• • Use Conteur Élan intellectual property without authorization.
• • Submit unlawful or infringing content.
• • Engage in fraud, abuse, harassment or other harmful activity.

We may restrict or terminate access to the Site where reasonably necessary to protect Conteur Élan, our users, third parties or the integrity of the Site.

The Site may contain links to websites, retailers, social-media services, ecommerce providers or other services operated by third parties.

Those services are not controlled by Conteur Élan, and their terms and privacy practices may differ from ours.

The inclusion of a link does not necessarily constitute endorsement of the third party. Your use of third-party services is at your own risk and subject to their applicable terms.

We endeavor to keep Site content accurate and current but do not warrant that all content will always be complete, accurate, current or error-free.

The Site may occasionally be unavailable because of maintenance, technical issues, updates or circumstances beyond our control.

We may correct errors and update Site content at any time.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Conteur Élan disclaims warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranties that may lawfully be disclaimed.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTEUR ÉLAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Conteur Élan and its affiliates, officers, directors, employees and agents from claims, liabilities, damages, losses and reasonable expenses arising from your unlawful use of the Site, your violation of these Terms or your violation of another person's rights.

These Terms will be governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles, except where applicable law requires otherwise.

[Any venue, jurisdiction, arbitration or dispute-resolution provisions to be supplied or approved by legal counsel.]

We may update these Terms periodically to reflect changes in the Site, our practices, legal requirements or other circumstances.

When changes are made, we will update the Last Updated date at the top of this page.

Your continued use of the Site following an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

These Terms, together with our Privacy Policy and any additional terms applicable to particular features, promotions, submissions, memberships or services, constitute the agreement between you and Conteur Élan concerning your use of the Site.

Questions concerning these Terms may be directed to:

Conteur Élan

Louisville, Kentucky

legal@conteurelan.com

[Full legal entity name]

[Legal mailing address]