Last Updated: 10.04.22

Privacy Policy Applicable to Users of blacksteelspirits.com

Arenabar LLC, trading as Black Steel Spirits, (collectively, “Black Steel Spirits,” “We,” “Us” or “Our”), own and operate an e-commerce retail store through the website, www.blacksteelspirits.com (the “Website” or the “Site”). Black Steel Spirits recognizes the importance of safeguarding the personal information provided to us by the users of our Website.  We are committed to safeguarding that personal information and have implemented this privacy policy (the “Policy”) and internal policies and practices to keep your personal and financial information secure.

The Policy covers our treatment and use of personally identifiable information and/or personal data that is collected via the Website (the “Personal Information”) from Registered Users (as defined below) when such Registered Users electronically communicate with or otherwise access the Website. This Privacy Policy covers only Personal Information that is collected through the Website and does not govern Personal Information collected from any other source or in any other manner.

You are responsible for making sure that you are aware of our most current Privacy Policy. You can tell when we make changes to this Policy by visiting the page you’re reading now and referring to the “Last Updated” date at the top of this page to learn when this Policy was last revised.

The Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions of Use of the Website, and explains how Users’ information and data is used:

- California Privacy Rights

- Collection and Use of Information (Personal, Financial, IP Address, Other)

- Use of Cookies, Plug-ins and Web Beacons; Use of Analytics

- Do Not Track Signals

- Your Consent (In General)

- Use of Information (In General)

- Opting In and Opting Out of Electronic Communications

- Lawful Access, Legal Action and Investigations

- Disclosure of Personal Information to Non-Affiliated Third Parties

- Acquisition of Business

- Retention of Personal Information

- Links to Other Websites

- Information Storage and Protection

- Options to Review and Opt-Out Choices

- Changes in Policy

- Governing Law

- Contact Us

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that have been so disclosed. Black Steel Spirits only shares users’ Personal Information, including but not limited to e-mail addresses, with third parties with your consent, and gives you the right to opt out of having your Personal Information disclosed to third parties. However, Black Steel Spirits does not sell your Personal Information to third parties or share your Personal Information to third parties for the third parties’ direct marketing purposes.  If you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may send an email to hello@blacksteelspirits.com. For avoidance of doubt, this provision is made applicable to all Registered Users of the Website who want to request information about our use of their Personal Information, whether or not such user resides in California

Collection and Use of Information

The Personal Information We Collect. This Policy applies to all information collected by or submitted to the Website.  We consider “personal information” to mean information about an identifiable individual.  If you opt to create an account, you will be asked to provide a variety of information including, but not limited to, your name, mailing address, email address, and phone number.  You will be asked to provide a user name when you create an account.  

Financial Information. Black Steel Spirits may require billing and payment information such as credit and debit card information when you purchase items from the Website and/or create an account.  However, all payment transactions entered into on the Website are processed by Reserve Bar, a third-party.  You will provide your payment information to Reserve Bar through Shopify, and Reserve Bar’s Privacy Policy and Terms of Service will govern use and disclosure of that information. We encourage you to read carefully Reserve Bar’s Privacy Policy. .

IP Address. An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but Black Steel Spirits does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or visitors.  IP addresses may also be used to help diagnose problems with the Website and to gather broad anonymized demographic information about users of its Website. 

Other Information. When you access the Website, Black Steel Spirits will automatically receive some information about your use of the service.  The type of information that is automatically collected by Black Steel Spirits includes such things as the date and time of access of the Website, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Site.  This aggregate tracking information is used to help Black Steel Spirits improve and enhance the website experience for all of its Registered Users.  The information we collect in this manner is usually anonymized, and we will not identify you from this data, subject to a need to do so to protect the Site and/or other users.

*Use of  Cookies and Web Beacons; Use of Google Analytics 

The Website may make use of: (i) “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit; and (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity.  They contain information allowing us to recognize when you are visiting the Website and to keep track of your activities on the Site and your preferences.  Through the use of cookies and web beacons, we also may automatically collect information about your online activity on our Website, such as the links you click and the searches you conduct on our Website.  Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Website.  

If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility.  In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site's interactive functionality.

Black Steel Spirits may use certain analytics tools, including Google Analytics. Analytics tools help website and mobile application owners understand how visitors engage with their websites.  We can view a variety of reports about how visitors interact with our Website so we can improve it. Google Analytics collects information anonymously.  Google Analytics uses cookies, and IP addresses, and reports website trends without identifying individual visitors. For more information related to Google Analytics, click HERE. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about, and to install, the Google Analytics Opt-out Browser Add-on, click HERE. 

Do Not Track Signals 

Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked.  However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals.  In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Your Consent

We only collect, use and/or disclose your Personal Information with your consent. We will request your consent to use your Personal Information for a particular purpose when we collect such information.  Additionally, when you submit your Personal Information to us to become a Registered User of our services, you are consenting to the collection of your Personal Information for the purposes identified or apparent at the time of collection and/or as otherwise described in this Privacy Policy.

You must be 21 years of age and a resident of the United States to use this Site. Black Steel Spirits does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of any of the Site is designed with the purpose of attracting such children.

In General

We only collect, use and/or disclose your Personal Information with your consent. We will ask for your consent to collect and maintain your Personal Information; to use your Personal Information to communicate with you electronically and otherwise; and to track your activities on the Site using cookies and other tracking devices. We do not share your personal information with third parties for marketing or other purposes, but if we were to do so in the future, we would first obtain your consent.

When you register for an account through the Website, we will provide you with the opportunity to receive information from us about services, products, information and/or offers that we think might be of interest to you. If you no longer want to receive such information, follow the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy.

If you use the Website from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries.  By visiting the Website, you consent to these transfers.

Use of Information

In General.  We use the Personal Information you provide to us for the purpose of communicating with the parties to the transactions in which you are engaged or with other persons or entities with whom you are involved in connection with the transactions on the Website and to process and bring those transactions to completion and is also be used in the following ways:

- To deliver materials, information and services which may be of interest to you

- To give you notice of and/or resolve any problems that may arise in connection with our services

- To better understand the needs and interests of our customers,

to analyze the success of our services and Website and for research and development purposes

- To manage the Website's interactive functionality

- To help us improve and enhance the Website experience for all of its visitors, and customize the content on our Website, for compliance with our legal and regulatory obligations, which we may do without your consent, as otherwise reasonably required to provide customer services and maintain the Website, to investigate potential breaches of the Terms and Conditions of Use of the Website

- For any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and as otherwise permitted by law

We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent you have opted-in and agreed to receive such communications, and as such activity is permitted by law. With your consent, this information may also be used to help us and our commercial partners, and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You will be given the opportunity to opt-out of receiving future mailings or other messages each time you receive such communications from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy.

Opting In and Opting Out of Electronic Communications.   At certain points where Personal Information is collected on our Website, there will be a box to indicate that you wish to receive certain information or communications from us. You must opt in to receive electronic communications, such as emails from us. You may also opt-out of receiving any such communications in the future at any time.  In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. 

Lawful Access, Legal Action and Investigations.  Your Personal Information may otherwise be disclosed to non-affiliated third parties with your consent, or to comply with, applicable laws and regulations.  Your Personal Information is transmitted and stored only on servers located in the U.S.  We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions of Use, or otherwise in accordance with applicable law. 

Disclosure of Personal Information to Non-Affiliated Third Parties. In addition to the above disclosures, Black Steel Spirits may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us.  In such situations, Black Steel Spirits requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information, and (b) limit the use of such Personal Information to the purposes for which it was provided.  We will not sell, rent or market Personal Information collected on this Website to non-affiliated third parties for their marketing purposes, unless we have your consent.  However, we may disclose aggregated statistics about visitors to the Website, along with anonymous information concerning individual users of the Website.  We may aggregate anonymized information with additional information collected from the Site and from other sources. We may share anonymized information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Acquisition of Business.  In the event thatBlack Steel Spirits or an affiliate of Black Steel Spirits is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Black Steel Spirits goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Black Steel Spirits may continue to use the Personal Information as set forth in this Privacy Policy.  If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. 

Retention of Personal Information.  Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping. At some point Black Steel Spirits may elect to destroy, erase or anonymize your Personal Information.  Once anonymized, we undertake not to re-identify the information.

You may have the right to request access to the Personal Information that we hold about you, which includes the right to amend, correct or delete that information, as appropriate, and to receive an account of how it has been used and a list of the organizations to whom it has been disclosed.  In some circumstances, you may have the right to object to Black Steel Spirits’ use of that Personal Information. You may request access and update your Personal Information by writing to hello@blacksteelspirits.com.

To protect the confidentiality of your information and respect your wishes for how it is used, Black Steel Spirits offers “opt out” alternatives.  Specifically, you may instruct us not to share Personal Information about you with our affiliated entities.  As noted above, you may also opt-out of receiving electronic communications from us at any time.  You may make your privacy choice at any time and it will remain in effect until you change it.

If you would like to check, change, or confirm your privacy choices please contact us at hello@blacksteelspirits.com.

Links to Other Websites and Services

The Website may contain links to various other sites. These sites may seek to collect from your user information voluntarily or may otherwise collect certain information (for example, your IP address).  Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Our website may also include social media features, such as the Facebook “like” button and widgets, the “Share this” button or other interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review.

Information Storage and Protection

Black Steel Spirits will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with Applicable Law.

There are industry standard safeguards in place to protect Registered Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel.  Personal Information will be stored in databases and servers located in the United States.  However, no transmission made through the internet can be made completely secure, and accordingly, we will not, to the extent permitted by applicable law, be liable for the disclosure of any Users’ Personal Information that occurs as a result of, for example, transmission errors or the actions of any third party.

In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, Black Steel Spirits will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.

Options to Review and Opt-Out Choices

In addition to having the ability to opt-out of receiving electronic communications, such as emails from Black Steel Spirits (to unsubscribe, click “unsubscribe” button at the bottom of such emails), Registered Users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by accessing and editing their accounts on the Website or by sending an e-mail to our privacy officer at hello@blacksteelspirits.com.  Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in Black Steel Spirits’ records after any such revision or deletion. 

As the Website evolves, Registered Users may be offered additional options for reviewing and/or editing Personal Information.  Please check this Privacy Policy often to make sure you have reviewed the most recent version.

If for any reason you wish to discontinue the use of the Website and have your Personal Information removed from our database, please contact us at hello@blacksteelspirits.com.

Changes in Policy

From time to time, Black Steel Spirits’ Privacy Policy may change. Black Steel Spirits will post changes to the Privacy Policy on the Website. Please review this Privacy Policy often so that you will remain abreast of our current policies. Users of the Website are responsible for making sure they are aware of the provisions of Black Steel Spirits’ most current Privacy Policy.

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. 

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information you may contact us at hello@blacksteelspirits.com.

Arena Bar LLC Black Steel Spirits Store Terms and Conditions of Use

We are pleased to welcome you to https://www.blacksteelspirits.com (the Website” or the “Site”).  These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website. Arena Bar LLC trading as Black Steel Spirits (collectively, “Black Steel Spirits”), operates an online retail store from which registered website users can view and purchase products from us (the “services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Black Steel Spirits, their respective subsidiaries, successors in interest and assigns, and https:/www.blacksteelspirits.com.  

Please read these terms of use carefully before using this Website and make sure you understand them.  These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Black Steel Spirits and you regarding your use of this Website and supersede any prior statements or representations.  This Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof.  You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms of Use.

Consent to Terms and Conditions

By using the Website and/or registering for an account, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.  

Use of the Site

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations.  To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the Website and/or register for any interactive functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.

By having accepted these Terms of Use, and/or entering and participating in the activities offered on the Site, you affirm, represent and warrant that:  (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change.  Black Steel Spirits reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on the Site and changes will become effective once posted.  Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies.

Ownership of the Website

Black Steel Spirits owns, licenses and/or has the right to use this Website and all intellectual property rights to the same, including but not limited to the intellectual property owned by us and/or third party vendors (“Vendors”) who have granted Black Steel Spirits the right to use their intellectual property on the Website (collectively, “Materials”). Made hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Black Steel Spirits’ intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Black Steel Spirits and/or Vendors (collectively, “Black Steel Spirits’ intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Black Steel Spirits’ consent.

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Black Steel Spirits, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Provision of the Services by Black Steel Spirits

Black Steel Spirits seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Black Steel Spirits provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Black Steel Spirits may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally, at Black Steel Spirits’ sole discretion. Black Steel Spirits may disable your account, with no notice to you if, in Black Steel Spirits’ sole and subjective discretion, you are in violation of any of the Terms of Use.

Purchasing From the Site

All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Reserve Bar. Please review carefully the terms and conditions of use on Reserve Bar’s website. Black Steel Spirits is not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Reserve Bar terms.

Shipping/Cancellation

Please Reserve Bar’s Delivery Policy for more information. 

Resolving Disputes

If you have a dispute with Black Steel Spirits relating to the Webstore or the services, please contact Reserve Bar at customerhelp@reservebar.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our services.

Use in the United States

This Website is intended for use within the United States, and we control and operate the Website from the United States.  We make no representation that materials on the Site are appropriate or available for use outside the United States.  If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links

The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Black Steel Spirits. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Black Steel Spirits shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Black Steel Spirits is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations.  Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your device to avoid disclosure of such.  You further agree that you will be responsible for all activity taken under your password and/or account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services.  

User Conduct

In connection with your use of the Website, you may not and you agree that you will not:

- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations

- Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site

- Use the Site, Material and content on the Site (collectively, “Content”) for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Black Steel Spirits’ endorsement, partnership or otherwise misleads others as to your affiliation with Black Steel Spirits

- Copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;

infringe the rights of Black Steel Spirits, Vendors, or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights

- Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology

- Register for more than one account or register for a Black Steel Spirits account on behalf of an individual other than yourself

- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity

- Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site

Limitation of Liability and Warranty and Use Disclaimer

Black Steel Spirits endeavors to make sure that all information and data it originates on the Website is accurate.  However, Black Steel Spirits is not responsible for any damages or loss related to the use of this Website. 

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  BLACK STEEL SPIRITS MADE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER BLACK STEEL SPIRITS (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES BLACK STEEL SPIRITS MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF BLACK STEEL SPIRITS’ SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Black Steel Spirits is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Indemnity

Unless prohibited by law, you agree to indemnify Black Steel Spirits, and each of its parent, subsidiary and affiliated entities (collectively, “Black Steel Spirits”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use.  You agree that your representations and warranties, and your obligation to indemnify Black Steel Spirits, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Black Steel Spirits electronically, via e-mail or otherwise, you consent to receive electronic communications from Black Steel Spirits.  You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Black Steel Spirits satisfy any legal requirement that such communication be in writing.  Black Steel Spirits encourages you to retain your own copies of relevant information; however, upon your written request, Black Steel Spirits will provide you with a copy of the information you provided to Black Steel Spirits when creating your Account. Please see our Privacy Policy concerning providing information to Black Steel Spirits, your consent to receiving information from Black Steel Spirits, your ability to withdraw such consent, and Black Steel Spirits’ obligations with respect to maintaining and/or returning any information you have provided to Black Steel Spirits. To request a copy of information you provided to Black Steel Spirits, please contact us at hello@blacksteelspirits.com.

With respect to all communications you make to Black Steel Spirits directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Black Steel Spirits shall have no obligation to protect your communications from disclosure; (ii) Black Steel Spirits shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Black Steel Spirits shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.

Acquisition of Business

In the event that Black Steel Spirits or an affiliate or Black Steel Spirits is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Black Steel Spirits goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under our Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Black Steel Spirits may continue to use the Personal Information as set forth in our Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. 

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at hello@blacksteelspirits.com.

Copyright Infringement - Notice and Take-Down Policy

Black Steel Spirits values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Black Steel Spirits in writing as follows:

Electronic Mail Address: hello@blacksteelspirits.com

In your notice, you must include the following:

- A physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner

- Identification of the copyrighted work(s) that is (are) allegedly being infringed

- Identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Black Steel Spirits to locate such materials

- Contact information (e., name, address, email address) sufficient to enable Black Steel Spirits to contact you

- A statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law

- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed

U.S. Export Controls

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable.  Downloading or using the Software is at your sole risk. 

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.  No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Black Steel Spirits of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, andBlack Steel Spirits’ failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction.  Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration. 

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury. 

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content and/or the Materials.

By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 

Notwithstanding anything to the contrary set forth in these Terms of Use, Black Steel Spirits may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Black Steel Spirits, in the event that Black Steel Spirits believes that there is a violation, or a threatened violation, that has jurisdiction of any of Black Steel Spirits’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Black Steel Bourbon is not a licensed beverage alcohol retailer. All alcohol orders are sold and shipped by licensed retailers on the ReserveBar.com network. Please find their Privacy Policy here and their Terms & Conditions here.