Terms of Use By entering www.spiritofyork.com you agree to and are bound by the terms and conditions set out below. Spirit of York Distillery Co. may revise these terms and conditions at any time – so check here periodically to note any changes.

1. Legal Drinking Age
   Spirit of York Distillery Co. maintains this website for people of legal drinking age. Do not enter and use this website if you’re not of legal drinking age in the province, state, territory or country in which you reside.
2. User Generated Content
   You agree to post content on this website in compliance with these terms and conditions. Upon posting content on this Website, you grant Spirit of York Distillery Co. and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and license under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall not post content that includes or contains: (1) non-public information about companies without the proper authorization to do so; (2) false information about yourself or others; or (3) a virus, trojan horse, worm, or other harmful or disruptive component.
3. Content Guidelines
   You agree that the content you post, submit, store, transmit, download, upload or distribute on this website:
   • Is NOT threatening, abusive, libelous, defamatory, obscene, or legally objectionable;
   • Does NOT constitute, encourage or condone:
   • a criminal offense or give rise to civil liability;
   • any form of violence, hatred or harassment;
   • any form of discrimination on any ground covered by federal, provincial and territorial human rights
     legislation in Canada, such as religion, race, colour, sexual orientation, disability, etc.;
   • Does NOT contravene any applicable law, regulation, policy, guidelines or industry standard, as
     determined by Spirit of York Distillery Co. ;
   • Does NOT communicate, depict or encourage:
     • Immoderate or irresponsible consumption of alcohol;
     • Consumption of alcohol by individuals who appear to be under legal drinking age;
     • An association between consumption of alcohol and any skilled or dangerous activity;
     • Consumption of alcohol in general;
   • Does NOT involve the unauthorized use of information, software, music, trademarks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right.
4. Monitoring
   At any time and without notice, Spirit of York Distillery Co. may screen, disallow, review, edit or remove any content posted by you that appears to violate these terms and conditions. Spirit of York Distillery Co. has the right, but not the obligation, to monitor any content on this Website to determine compliance with these terms and conditions and other Spirit of York Distillery Co. policies and to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request. Spirit of York Distillery Co. does not endorse any content submitted by you or by others. You agree not to rely on any content as being screened, reviewed, monitored or approved by Spirit of York Distillery Co.
5. Access
   You shall use this website for lawful purposes only. Spirit of York Distillery Co. has the right to deny any person access to this website or any portion thereof without notice. Spirit of York Distillery Co. has the right to immediately terminate your access to this website where your conduct is unacceptable, as determined by Spirit of York Distillery Co. in its sole discretion, or where you have breached any of these terms and conditions or any other policy on this website. Spirit of York Distillery Co. has the right to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
6. Copyright and Other Intellectual Property
   The trademarks and logos on this website are registered and unregistered trademarks of Spirit of York Distillery Co. or are used under license from, or with the consent of, the respective trademark owner. The display of trademarks or trade names on this website does not convey or create any license or other rights in these marks or names and their use without the written consent of Spirit of York Distillery Co. or the respective trademark owner is strictly prohibited.
7. Limited License
   Spirit of York Distillery Co. grants to you a strictly limited license to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on this website, for non-commercial (personal or educational) purposes only, provided that: (1) you do not modify any such content; and (2) you include with and display on each copy of such content the associated copyright notice and this limited license. No other use is permitted. Without limiting the generality of the foregoing, you may not: (1) make any commercial use of such content; (2) include such content in or with any product that you create or distribute; (3) copy such content onto your or any other person’s website; or (4) distribute such content to anyone whatsoever. Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright of Spirit of York Distillery Co. or any other person who owns the copyright in content provided on this website.
8. Use At Your Own Risk (Indemnification)
   By entering and using this website you agree that you do so at your own risk. You submit and post content, including personal information about yourself and others, at your own risk. You rely on content posted by others at your own risk. Spirit of York Distillery Co. does not warrant the quality, accuracy or completeness of any claims, statements or information on this website. Spirit of York Distillery Co. makes no representations about the suitability of any information or products contained or offered on this website for any purpose. All information is provided “as is” without warranty or condition of any kind. This website may include inaccuracies or typographical errors. Spirit of York Distillery Co. reserves the right to make changes to this website at any time. The next sentence is important. You agree to defend, indemnify and hold harmless Spirit of York Distillery Co., its affiliates and partners and each of their respective officers, directors, employees and agents, and any other parties involved in creating, producing, delivering, or monitoring this website, from and against all claims and expenses and from any liabilities or damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in connection with access to or use of this website or in the delay or inability to use this website, or in connection with any content, information, data, promotions, activities, products or services associated with this website, or in connection with your downloading of any materials, text, data, images, video or audio from this website, or in any connection otherwise, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, even if there is a fundamental breach or if Spirit of York Distillery Co. has been advised of the possibility of liability or damages.
9. Links to Third Party Websites
   This website may contain hyperlinks to websites operated by parties other than Spirit of York Distillery Co., such hyperlinks are provided for your reference only. Spirit of York Distillery Co. does not control such websites and is not responsible for their content. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Your access and use of such third party websites, including information, material, products and services therein, are solely at your own risk. Spirit of York Distillery Co.’s Privacy Policy is only applicable in regards to this website. You agree to review the privacy policy of any third party website before disclosing your personal information on that website.
10. Submissions
    Spirit of York Distillery Co. can’t accept or consider any creative ideas, suggestions or materials that you request on this website. If you submit your creative ideas, suggestions or materials anyways, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trademark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.
11. Governing Law
    This website is created and controlled by Spirit of York Distillery Co. (a third party may be applicable). The laws of Canada applicable therein shall govern the content on this website including these disclaimers and terms and conditions, without giving effect to any principles of conflicts of law.

TERMS AND CONDITIONS FOR THE PROVISION OF PRODUCTS AND SERVICES BY SPIRIT OF YORK DISTILLERY CO.

In addition to the Terms of Use above, you agree to the following terms and conditions governing the offering by Spirit of York Distillery Co. of the Products and Services available on this website:

• Spirit of York Distillery Co. agrees to provide the products (the “Products”) and/or perform the services (the “Services”) described on this website in accordance with the provisions hereof and as set out in the Order Form.
• Spirit of York Distillery Co. shall have the sole right to supervise and direct the performance of the Services and shall in all respects act as an independent contractor.
• Spirit of York Distillery Co. shall be paid for the Products and/or the Services in accordance with the terms set out on this website or on the Order Form delivered to you electronically, in response to your Request for Products/Services.
• Spirit of York Distillery Co. represents and warrants to you that it shall carry out the Services with reasonable care and diligence and, that at the time title passes, you will have good and clear title to the Products being sold here under, free and clear of all liens and encumbrances. All Products provided to you shall have such warranty, if any, as the manufacturer thereof provides. Spirit of York Distillery Co.’s sole responsibility under any such warranty will be, at Spirit of York Distillery Co.’s option, to either repair or replace any Products which fail during the warranty period due to a defect in workmanship and/or material. The above warranty is contingent upon proper use of the Products in accordance with the published specifications with respect to such Products. THESE EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. SPIRIT OF YORK DISTILLERY CO. AND YOU AGREE THAT FOR ANY BREACH OR DEFAULT BY SPIRIT OF YORK DISTILLERY CO. IN CONNECTION WITH THIS AGREEMENT, EVEN FOR A BREACH OF CONDITION OR FUNDAMENTAL TERM OR FOR A FUNDAMENTAL BREACH OR BREACHES, YOUR EXCLUSIVE REMEDY SHALL BE PAYMENT BY SPIRIT OF YORK DISTILLERY CO. OF YOUR DAMAGES, TO A MAXIMUM AMOUNT EQUAL TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT. In no event shall Spirit of York Distillery Co., its affiliates, partners, or their respective directors, officers, employees or agents have any liability for your loss of profits, loss of business revenue, failure to realize expected savings, other commercial or economic loss of any kind whatsoever or for any indirect, special or consequential damages even if advised of the possibility thereof. Nor shall Spirit of York Distillery Co., its affiliates, partners, or their respective directors, officers, employees or agents be liable for failure to perform any of its obligations hereunder where such failure arises by reason of any cause beyond its reasonable control.
• When making purchases or other transactions through this website, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on this website. You agree to be bound by all of the terms and conditions on this website and on any applicable order form.
• This website is controlled and operated by Spirit of York Distillery Co. from its offices in the Province of Ontario, Canada. The Products accessed through this website will be delivered directly to you. You will be responsible for paying any delivery charges assessed.
• You agree that under no circumstances shall Spirit of York Distillery Co., its affiliates, partners, or their respective directors, officers, employees or agents be held responsible or liable for situations where the data stored or communicated through this website are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Spirit of York Distillery Co. at the time) which may exist in the network. Spirit of York Distillery Co. simply stores and facilitates the transmission of private electronic communications. Electronic communications on this website are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication.
• Your agreement with Spirit of York Distillery Co. is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. This excludes the application of the United Nations Convention on the International Sale of Goods.

CONSUMER PRIVACY POLICY

This website is operated by Spirit of York Distillery Co.

1. 1. General Principles.
      Spirit of York Distillery Co. is committed to preserving and safeguarding your right to privacy. Spirit of York Distillery Co. voluntarily adheres to the Canadian Standards Association Model Code for the Protection of Personal Information. This Consumer Privacy Policy (the “Policy”) sets out the manner in which Spirit of York Distillery Co. collects, uses, discloses and otherwise manages your personal information. You agree that Spirit of York Distillery Co. may, in its sole discretion, modify the Policy at any time with or without notice to you. The revised Policy shall be posted on the Spirit of York Distillery Co. website located at www.spiritofyork.com and every other Spirit of York Distillery Co. website (individually and collectively, the “Website”). You should review the Policy on a regular basis for any such changes. You agree that your continued use of the Website after the revised Policy has been posted constitutes your consent to such revised Policy. The Website may contain links to other non-Spirit of York Distillery Co. websites. Spirit of York Distillery Co. is not responsible for the privacy practices or content of such other websites.

Information We Collect

1. Relationship Marketing.
   Spirit of York Distillery Co. may collect information about you when you register to become a member of any Spirit of York Distillery Co. group, for example a newsletter database. The information collected may include your name, address, telephone number, email address, mobile phone number, date of birth, gender and facts regarding your consumer habits and preferences. Website. Spirit of York Distillery Co. may collect information about you when you access the Website. Spirit of York Distillery Co. keeps a record of the email addresses of those who communicate with us via the Feedback tool. Spirit of York Distillery Co. also collects both aggregate and user-specific information on what web pages consumers access or visit, and information volunteered by the consumer, such as survey information and contest application information. Purchases. Spirit of York Distillery Co. may collect information about you when you purchase products from it by telephone, mail, fax or on-line. The information collected may include your name, address, company name, telephone number, fax number, email address and credit card information. Complaints. Spirit of York Distillery Co. may collect information about you if you contact Spirit of York Distillery Co. with a consumer complaint or request. The information collected may include your name, address, telephone number, email address, date of birth and facts regarding the complaint or request. Marketing Research. Spirit of York Distillery Co. may collect information about you if you participate in any Spirit of York Distillery Co. marketing research. The information collected may include your name, address, telephone number, email address, date of birth, gender, income and facts regarding your consumer habits and preferences. Contests and Promotions. Spirit of York Distillery Co. may collect information about you if you participate in any Spirit of York Distillery Co. contest or promotion. The information collected may include your name, address, telephone number, email address, mobile phone number, date of birth, gender, facts regarding your consumer habits and preferences, and facts relevant to the contest or promotion participation. Third Parties. Spirit of York Distillery Co. may employ third parties to collect your personal information on Spirit of York Distillery Co.’s behalf for the purpose of administering contests, promotions and on-line activities. Such third parties are contractually bound to comply with all applicable privacy laws and this Policy.
2. Use of Personal Information.
   Spirit of York Distillery Co. uses your personal information for one or more of the following purposes: (1) identify who you are; (2) improve the content of the Website and other Spirit of York Distillery Co. communications; (3) contact consumers for marketing purposes; (4) improve its products and services; (5) process and ship your order for products; or (6) process your consumer complaint or request.
3. Use of Cookies.
   Cookies are simple text files that web browsers place on computer hard drives when sites are visited. Cookies cannot damage files, nor can they read information from a user’s hard drive. Spirit of York Distillery Co. uses cookies to help us measure the number of visits, average time spent, page views and other statistics relating to use of our Website. Our Cookies pose no security risk to you as they contain no personal information, only a special string that tells the service that you are a past user of the Website. No personal information is stored within the Cookies. Please note that certain features on the Website may not function if you do not accept Cookies. Therefore, please accept any Cookies that Spirit of York Distillery Co. sends to your computer. You can turn off the Cookie warning by selecting preferences or options from your browser’s menu, and turning off the warning toggle.
4. Disclosure of Personal Information.
   Except as set out below, Spirit of York Distillery Co. will not sell, transfer or disclose any of your personal information to any third party without your consent. Certain personal information may be disclosed to third parties solely for the purpose of processing or arranging delivery of your order or processing your complaint or request. Spirit of York Distillery Co. may also disclose your personal information to third parties who administer contests, promotions and on-line activities on its behalf. In addition, Spirit of York Distillery Co. must provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. Spirit of York Distillery Co. may also disclose personal information to assist it in collecting a debt owed by you.
5. Security Safeguards.
   Spirit of York Distillery Co. understands the importance of protecting your personal information and uses the latest Internet security protocols to protect personal information collected through the Website and other measures to protect information collected through other new media tools. However, you should be aware that the Internet and other new media tools may not be secure. Therefore, Spirit of York Distillery Co. does not represent or warrant the complete security of the personal information provided by you to Spirit of York Distillery Co. through these media. You understand that you are providing such information to Spirit of York Distillery Co. at your own risk.
6. Unsubscribe from Spirit of York Distillery Co..
   If you do not want to receive email or other communications from Spirit of York Distillery Co., please either modify your communication preferences on the website, go to the “contact us” link on the Website and send an email with “unsubscribe” in the subject line, or follow the unsubscribe instructions related to other new media tools where applicable.