The Brand Collective WEBSITE TERMS OF USE

Last Updated: March 1, 2024

Websites, mobile applications, and other platforms (the “Website”) that link to these Terms of Use are operated by or on behalf of The Brand Collective, LLC and/or one of its affiliates (“TBC”, “We”, or “Us”) in the United States.  These Terms of Use are entered into by and between you, the user (“You”), and The Brand Collective. These Terms of Use govern your access and use of, including any content, functionality and services offered on or through, our websites, mobile applications, or other platforms (collectively, the “Website”).

 

Please read the Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, incorporated herein by reference. If You do not agree to these Terms of Use or the Privacy Statement, You must not access or use the Website.

 

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN THE EVENT OF A DISPUTE.  PLEASE READ THEM.

 

Accessibility: If you are having any trouble accessing these Terms of Use or the Website, please contact Us at contact@tbcoll.com.  Our hours of operations are: 9 a.m. to 5 p.m. EST.

 

This Website is intended for your use only if You are of legal age to purchase alcohol in the United States. If You do not meet this requirement, You should leave the Website immediately.

1. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion without notice. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes.

2. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

Making all arrangements necessary for You to have access to the Website; and
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information You provide on the Website is correct, current and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement, and You consent to all actions We take with respect to your information consistent with our Privacy Statement.

 

If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

 

We have the right to disable any user name, password or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion if, in our opinion, You have violated any provision of these Terms of Use.

3. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Brand Collective and/or its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit You to use the Website for your personal, non-commercial use only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on our Website without The Brand Collective’s permission.

 

No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by The Brand Collective. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You warrant and agree that, while using the Website, You shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:

 

(a) are in breach of any part of these Terms of Use;

(b) restrict or inhibit any other user from using and enjoying the Website;

(c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;

(d) contain a virus, malware, or other harmful component, advertising of any kind; or

(e) contain any false or misleading indications of origin or statements of fact.

 

You also warrant and agree that You shall not:

 

(a) impersonate, or misrepresent your affiliation with any other person or entity;

(b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material);

(c) engage in spamming or flooding; or

(d) attempt to gain unauthorized access to other computer systems through the Website. Except as otherwise expressly permitted herein, You may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is protected by copyright.

 

Additionally, You agree not to:

Show or forward the contents of this Website to persons under the legal age to purchase alcohol in the United States; and

Otherwise attempt to interfere with the proper working of the Website.

5. USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

 

All User Contributions must comply with these Terms of Use including the Content Standards set out below.

 

Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant Us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose without compensation to you.

 

You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

 

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not The Brand Collective, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.  Additionally, We shall have no liability for any loss or damage suffered by You as a result of use or disclosure of such User Contributions by Us to the extent permitted by law.

6. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for The Brand Collective;

Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE BRAND COLLECTIVE AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Because We cannot review all material before it is posted on the Website, to the extent permitted by law, We assume no liability for action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, in Company’s sole discretion;

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Encourage or condone under-age drinking, drunk-driving, or excessive consumption of alcohol beverages;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
Contain themes or images appealing to children, such as Santa Claus; and
Depict anyone who appears to be or is younger than 21 years of age.

8. COPYRIGHT AND IP AGENT FOR THE UNITED STATES

If You believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent named below:
Your address, telephone number, and email address;

Identification of the copyrighted work that You claim has been infringed or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at the Website;

A description of where the alleged infringing material is located;
A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by You, made under the penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

9. COPYRIGHT AGENT

contact@tbcoll.com

10. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Brand Collective, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Brand Collective. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

11. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links to social media platforms or links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. GEOGRAPHIC RESTRICTIONS

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

13. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BRAND COLLECTIVE NOR ANY PERSON ASSOCIATED WITH THE BRAND COLLECTIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BRAND COLLECTIVE NOR ANYONE ASSOCIATED WITH THE BRAND COLLECTIVE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE BRAND COLLECTIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. LIMITATION ON LIABILITY

IN NO EVENT WILL THE BRAND COLLECTIVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. INDEMNIFICATION

Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless The Brand Collective, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

16. DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE, THESE WEBSITE TERMS OF USE, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF COMPANY OR OUR AFFILIATES, OR PARTNERS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or otherwise have a cause of action in equity, We may seek injunctive or other appropriate relief in any court of competent jurisdiction, and You consent to jurisdiction and venue in any such court for such purposes.  Arbitration under this agreement shall be conducted before the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules then prevailing, available at Consumer_Rules_Web_2.pdf. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

If an in-person arbitration hearing is required, then that hearing will be conducted either in New York, New York or, at your option, a location that is reasonably convenient for both parties.  If You wish to seek arbitration You must first send a written demand to Us (the “Demand”). The Demand should be sent by U.S. Postal Service certified mail to the AAA and to Us at The Brand Collective USA, LLC, 16192 COASTAL HIGHWAY LEWES, DELAWARE 19958-9776, Attention: Legal Department.

 

The Demand must:

(i) list your name and address and our name and address;
(ii) describe the nature and basis of the claim or dispute;
(iii) set forth the specific relief sought and the amount of damages sought, if any, and
(iv) identify the requested locale for any in-person hearing.

The copy sent to the AAA must also include a copy of this arbitration agreement and the AAA’s applicable filing fee. In any arbitration under this section, each party will be responsible for paying any fees in accordance with AAA rules, except that We will pay for your reasonable filing, administrative, and arbitrator fees if your total claims for damages do not exceed $10,000 and are non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between Us and You individually, and

(i) no arbitration or proceeding shall be joined with any other;
(ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and
(iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  In the event that any court with competent jurisdiction or any arbitrator appointed pursuant to this section holds that this restriction on joinder of claims is unenforceable, then this agreement to arbitrate all disputes will not apply.

17. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, to the extent not subject to the arbitration provisions above, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

19. WAIVER AND SEVERABILITY

No waiver by The Brand Collective of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Brand Collective to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

20. ENTIRE AGREEMENT

The Terms of Use and our Privacy Statement constitute the sole and entire agreement between You and Us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.