TERMS OF USE FOR THIS WEBSITE
The website displayed at www.makersmark.com (this "Site") is operated
by Beam Global Spirits & Wine, Inc. ("Beam Global"). Your use of 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.
Permitted Users of this Site
This Site is intended to be used and accessed by people who are of legal age to
purchase and consume alcohol. If you are of legal age in your country of residence
and the country from which you are accessing this Site, please continue. If you
are not, please exit this Site immediately.
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 Beam Global, 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 Beam Global's express
prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual
property appearing on this Site is owned or licensed by Beam Global or its parents,
affiliates or subsidiaries and may not be used by you without the prior written
consent of Beam Global 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 the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal
penalties.
Use of this Site
Beam Global maintains this Site for your personal 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 materials are retained and such information
is not modified, copied or posted on any networked computer or broadcast in any
media. All other copying (whether in 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 with Beam Global's express
prior written consent. All rights not expressly granted here are reserved to Beam
Global.
You may not use any computer program tools including, but not limited to, web spiders,
bots, indexers, robots, crawlers, harvesters, or any other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process ("Tools")
to access, acquire, copy or monitor any portion of the Site or any 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 individual(s) who control or author them.
No Warranties
BEAM GLOBAL DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF
THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE 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 PURPOSES,
NON-INFRINGEMENT OR ACCURACY.
Beam Global also assumes no responsibility, and shall not be liable for any such
damages caused by viruses or other forms of contamination or destructive features
that may effect 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.
Limitation of Liability
In no event shall Beam Global, its parents, affiliates, subsidiaries and services
providers, 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 whatsoever, arising out of or in connection with the
use or performance of, or your browsing in, or your links to other sites from, this
Site. You acknowledge by your use of the Site, that your use of the 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 laws apply to you, some or all of the
above disclaimers may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Beam Global harmless from and against any
and all claims, damages, costs and expenses, including reasonable attorneys' fees,
arising from or related to your use of the Site.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or 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 Gift Shop
All prices are listed in U.S. dollars.
GROUND SHIPPING: You can expect delivery, via UPS or USPS Ground service within
6-9 business days from the day you placed your order (West Coast orders and those
to Alaska and Hawaii may take slightly longer).
Overseas Orders
Orders outside the U.S. must be placed through our customer service department by
calling: (502) 493-9595 or (800) 680-7890. Office hours are between 8:30 am and
5:00 pm EST.
PLEASE NOTE: Deliveries require the signature of someone 21 years of age or older.
Questions about your order? For all customer service inquiries please call
between 8:30 am and 5:00 pm EST: Toll-free (800)680-7890.
Returns: Please e-mail us at returns@makersmarkgiftshop.com if you experience a problem with your shipment.
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.
Beam Global will fully cooperate, including but not limited to, maintaining and
disclosing any transmittals or communications that you have had with the 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 e-mail or otherwise, including
any data, questions, comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary. Beam Global cannot prevent the "harvesting"
of information from this Site, and you may be contacted Beam Global or unrelated
third parties, by e-mail or otherwise, within or outside of this Site. Anything
you transmit may be edited by or on behalf of Beam Global, may or may not be posted
to this Site at the sole discretion of Beam Global and may be used by Beam Global
or its affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting. Furthermore, Beam
Global is free to use any ideas, concepts, know-how, or techniques contained in
any communication you send to the Site for any purpose whatsoever including, but
not limited to, developing, manufacturing and marketing products using such information.
If you transmit any ideas, concepts, materials or other communications to this Site,
you accept that it will not be treated as confidential and may be used by Beam Global
Beam Global without compensation in any manner whatsoever, including without limitation
reproduction, transmission, publication, marketing, product development, etc.
Although Beam Global may from time to time monitor or review discussion, chats,
postings, transmissions, bulletin boards, and the like on the Site, Beam Global
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. Beam Global assumes no responsibility
or liability for any actions or communications by you or any unrelated third party
within or outside of this Site.
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 copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- 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, it's 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.
Maker's Mark's Copyright Agent for Notice is:
Beam Global Copyright Agent
Beam Global Spirits & Wines, Inc.
510 Lake Cook Road
Deerfield, IL 60015
Phone: 847-948-8888
Fax: 847-948-8610
E-mail: copy.right@beamglobal.com
We may give notice to our users by means of a general notice on our Site, electronic
mail to a user's e-mail 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 below. To be effective, the counter-notification
must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has 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 or 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 in which Beam Global may be found, and
that you will accept service of process from the person who provided notification
of allegedly infringing material or an agent of such person.
Termination
At its sole discretion, Beam Global 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 Beam Global 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 Beam Global or its affiliates do not imply endorsement of that product, publication or site. Beam Global 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 Beam Global. Each linked 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 of use carefully before you use that site.
Beam Global 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. Beam Global 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.
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 Illinois, 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 services do not imply that they are appropriate or available to all persons
of legal purchasing age in all locations, or that Beam Global 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 Beam Global located in the State of Illinois, 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
Privacy Policy
Maker's Mark® Bourbon Whisky, 45% Alc./Vol.
We make our bourbon carefully, please enjoy it that way.
Read the Maker's Mark Responsibility Statement here.
Beam Global Spirits & Wine, Inc.
510 Lake Cook Rd, Deerfield, IL 60015
©2007 Beam Global Spirits & Wine, Inc. All rights reserved.