By using this website and the accompanying links, resources, and information, (the “Website”) you/ the participant (herein referred to as "User") agrees to the follow terms stated herein, which shall take effect immediately.
THIRSTY, LLC (herein referred to as the “Company”) agrees to provide the information and resources via an internet web page and the associated social media accounts (collectively referred to as the “Website”) to the User. User agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Website.
The Website is developed strictly for informational purposes ONLY. The Website information, materials, and resources do not purport to be, nor should be construed factually accurate at any given time. The Company assumes no responsibility for errors or omissions that may appear on the Website.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CORRECTNESS OF THE INFORMATION INCLUDED ON OR WITHIN THE WEBSITE. Any testimonials or reviews by our customers or audience represented on our Websites, content, landing pages, social media accounts, or offerings have not been scientifically evaluated, and the experiences may vary.
Furthermore, the Company does not represent and warrant that the Website or any offers listed thereon will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or accurate at any given time. OFFERS, PRICING, HOURS OF OPERATION, MENUS, OR ANY OTHER INFORMATION PROVIDED ON THE WEBSITE MAY CHANGE AT ANY TIME. Use of the Website is at the User’s sole risk.
This Website is intended for use by adults over the age of 21 only. No individuals under the age of 21 may access or use the Website.
The Company respects its Users’ privacy and requires that each User mutually respects the privacy of the Company and other Website users (herein referred to as “Other Users”). The User shall not disclose, reveal, usurp, or make use of any confidential information discovered during its use of the Website, and shall not use such information in any manner. This covenant shall not extend to or include information rightfully obtained from a third party. Any confidential information shared by Other Users belongs solely and exclusively to the Other User who discloses it.
User shall not disclose, harvest, or disseminate the names, email addresses, company titles or positions, phone numbers or addresses of Other Users. The User shall not engage in data mining, scraping, crawling, email harvesting, or using the Website to compile a collection of listings, including a competing listing product or service. The User may not use contact information received during the Website, nor any Materials for any unsolicited commercial e-mail, including but not limited to advertising, marketing, or “list building.”
Furthermore, User agrees that if he or she violates or displays the likelihood of violating this section of the Terms, the Company may terminate the User’s use of the Website with no refund.
The Company’s Website and the information contained therein is copyright to the Company alone. Use of the Website is provided under a single-user license for the User’s individual use only. User may not copy, alter, redistribute, sell, sublicense, or otherwise share the Company’s intellectual property without express written permission. Any information or materials shared by the Company belong solely and exclusively to the Company.
All intellectual property, including Company’s trademarks, copyrights, trade secrets, and the copyrighted Website and/or Website materials shall remain the sole property of the Company. By its use of the Website, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to the Company or Other Users.
Furthermore, by using or participating in any interactive area of the Website, the User grants to the Company a perpetual, irrevocable, royalty free license in and to the text, images, videos, or other content posted therein, including but not limited to the right to reproduce, share, post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. This license shall survive the term of this Agreement.
LIMITATION OF LIABILITY
THIS WEBSITE PROVIDES INFORMATION RELATED TO THE PURCHASE OF ALCOHOLIC BEVERAGES. ALL USERS AGREE TO DRINK RESPONSIBLY. USERS SHALL NOT CONSUME ALCOHOL AND DRIVE, OPERATE HEAVY MACHINERY, OR ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. USERS SHALL ABIDE BY ALL STATE AND LOCAL LAWS AND REGULATIONS RELATED TO THE PURCHASE AND CONSUMPTION OF ALCOHOL.
USER ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR UNFORESEEABLE, RESULTING FROM USE OF THE INFORMATION ON THE WEBSITE. User shall indemnify, defend, and hold harmless the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, writers, designers, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any and all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my use of the Websites, excluding any such expenses and liabilities which may result from malicious misconduct by Company, or any of its directors or employees. User shall hold all of the Company’s shareholders, directors, trustees, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, employees, and successors, and other Releasees personally harmless for any actions, inactions, or representations of the Company.
User shall defend Company and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – arising out of or resulting from his or her use of or use of the Website(s). IN NO INSTANCE SHALL THE USER HOLD THE COMPANY AND/ OR ITS RELEASEES RESPONSIBLE FOR ITS USE OF THE WEBSITE OR ANY DAMAGES RESULTING THEREFROM. THE USER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND RELEASEES FOR DAMAGE, INJURY, OR DEATH RESULTING FROM ITS USE OF THE WEBSITE.
User shall hold Company harmless for damages of any kind resulting or arising from the use of the Websites, including but not limited to direct, indirect, incidental, special, negligent, consequential, punitive, or exemplary damages arising out of the use or misuse of Company’s information or the User’s enrolment in the Website. from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the use of the Website(s).
Company is committed to providing all Other Users in the Website with a positive Website experience. By purchasing this Website, User agrees that in the following circumstances, the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s use of the Website without refund if the User:
- becomes disruptive to the Company or fellow Other Users;
- fails to follow the Website guidelines,
- impairs the use of the Other Users in the Website;
- exhibits harassing, threatening, violent, or otherwise unsavory behavior during his or her use of the Website, at the sole discretion of the Company; or
- the User violates these terms as determined solely by the Company.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Henrico County, Virginia. All claims against Company must be lodged within 100-days of the date of the completion of the Website. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email with receipt confirmed.
From time to time, the Website may include links to products or services that may provide referral payments to the Website (hereinafter “Affiliate Links). The Company shall disclaim such Affiliate Links on the corresponding web page of the Website.
Concerns or questions related to Affiliate Links should be addressed to:
This Agreement shall be binding upon and inure to the benefit of the Parties, the Releasees, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The User may not assign this Agreement. The Company may modify terms of this agreement at any time to reflect then-current policies. All modifications shall be posted on this URL at the Company’s website. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, the performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
The Company values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our 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 copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website;
- Your address, telephone number, and e-mail 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; and
- 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.
The Copyright Agent for Notice of claims of copyright infringement is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
CJFox Law, PLLC
2920 W Broad Street
Richmond, Virginia 23230