DAVIDSON RESERVE TERMS OF USE

TERMS AND CONDITIONS

These terms of use govern your use of the website located at www.davidsonreserve.com (the “Website”). Please read the Davidson Reserve Terms of Use carefully before using the Website.

By using the Website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the Website. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms (including our Privacy Policy and Rules) will mean you accept those changes.

YOUR REGISTRATION

To access the Website or some of the resources they have to offer, you may be asked to provide registration details. It is a condition of use of the Website that all the details you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Website, or any of their resources, and to terminate or suspend your account, if applicable.

RESTRICTIONS ON USE OF MATERIALS

The Website is owned and operated by Davidson Reserve (referred to as “DR,” “we,” “us,” or “our” herein). No material from the Website or any website owned, operated, licensed, or controlled by DR may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. All trademarks, service marks, trade names, and copyrights on the Website are proprietary to DR or used with permission from third party rights holders. DR respects the intellectual property rights of others and asks users of the Website to do the same. Modification of the materials or use of the materials for any other purpose is a violation of DR’s copyright, trademarks, and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. In addition, direct linking, deep linking, framing, page-jacking, meta-tagging, and using a robot, spider, or automated device of any kind to monitor or copy the Websites is strictly prohibited.

In the event you download software from the Website, the software, including any files, images, audio-visual materials incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by DR, and DR does not transfer title to the Software to you. DR retains full title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

If you believe that any content appearing on the Website infringes your copyright rights, we want to hear from you. Please forward the following information in writing to Pennington Distilling Co, 900 44th Avenue North , Nashville, TN 37209:

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SS seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in U.S.C. section 512(c) or elsewhere.

SUBMISSIONS

DR is always interested in hearing from you regarding our business products and services. Although we welcome your comments, DR does not accept or consider unsolicited creative ideas, suggestions, submissions, or materials that are sent to us in any format and by any means of transmission (including email), other than those that we have specifically requested. Any such material will either be sent back to you or discarded.

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by DR might seem to others to be similar to their own creative work. It has been our experience that while you may believe that a submission or idea is unique, in many cases, such submission or idea resembles other submissions or ideas that DR has received, whether solicited or unsolicited, or are similar to projects that are being created by or on behalf of DR. While we do value your feedback on our business products and services we request that you be specific in your comments on those products and services. Therefore, please do not send unsolicited submissions of any kind to DR, including, without limitation, any unsolicited creative suggestions, stories or ideas, concepts, notes, formats, artwork, or other similarly-related materials.

Please note that if, despite our request, you send to use or transmit via email or through the Website unsolicited creative suggestions, stories or ideas, concepts, notes, formats, artwork, or other similarly-related materials (collectively, the “Submissions”), such Submissions are and will be treated as non-confidential and non-proprietary and DR will not be liable for any use or disclosure. Without limitation of the foregoing, to the extent it has the legal right, DR shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

From time to time, areas on the Website may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Website to govern those submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

PUBLIC COMMUNICATION

You shall not upload to, distribute through, or otherwise publish through the Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy and Rules), we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of the Website and their systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on DR; (2) protect and defend the rights or property of DR; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

Please act responsibly when using the Website. You may only use the Website and their contents for lawful purposes and you are prohibited from storing, distributing or transmitting any unlawful material through this site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by DR) or privately transmitted on or through the Websites are the sole responsibility of the sender, not DR, and that you are responsible for all material you upload, post or otherwise transmit to or through the Website.

THIRD-PARTY WEBSITES

This Website may link you to other websites on the Internet. These other websites are not under the control of DR, and you acknowledge that (whether or not such websites are affiliated in any way with DR) that DR is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any site by DR or any association with its operators. DR does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such Websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

JURISDICTIONAL ISSUES

This site is controlled and operated by DR from its offices within the State of Tennessee, United States of America. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

DR makes no representation that materials or other content on the Website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Websites from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

DISCLAIMERS

THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPEAKEASY SPIRITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAVIDSON RESERVE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF NGBD OR AN NGBD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of Tennessee. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Nashville, Tennessee, and you consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

HOW TO CONTACT US

The Website is controlled and operated by Davidson Reserve. Please forward any comments or complaints or any questions regarding privacy to 900 44th Avenue North , Nashville, TN 37209 or email us at jenny@speakeasymarketing.com.