Terms of Use for This Website
The website displayed at www.makersmark.com (this "Site") is operated
by Beam Global Spirits & Wine, Inc. ("Beam Global"). Your use of
and access to this Site is conditional upon your acceptance of these
Terms of Use including our
Privacy Policy
. We reserve the right, in our sole discretion, to modify or update
these Terms of Use from time to time with immediate effect. It is your
responsibility to review these Terms of Use periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR
CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT
THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU
ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Permitted Users of this Site
This Site is intended to be used and accessed by people who are of
legal age to purchase and consume alcohol. If you are of legal age in
your country of residence and the country from which you are accessing
this Site, please continue. If you are not, please exit this Site
immediately.
Rights to Contents and Intellectual Property
The copyrights to all materials, content and lay-out of this Site
(including text, user and visual interfaces, images, look and feel,
design, sound, etc. and any underlying software and computer codes) are
proprietary to Beam Global, its parents, affiliates, subsidiaries, or
third party licensors. You may not copy, reproduce, post on any other
website, republish, upload, encode, modify, translate, publicly perform
or display, commercially exploit, distribute or transmit any portion of
this Site or make any derivative works from this Site in any way
without Beam Global's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright
or other intellectual property appearing on this Site is owned or
licensed by Beam Global or its parents, affiliates or subsidiaries and
may not be used by you without the prior written consent of Beam Global
or the appropriate owner. Your use of this Site does not grant you any
right, title, interest or license to any such intellectual property
appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
Beam Global maintains this Site for your personal entertainment,
information and education. You should feel free to browse the Site and
may download material displayed on the Site for non-commercial, lawful,
personal use only provided all copyright and other proprietary notices
contained on the materials are retained and such information is not
modified, copied or posted on any networked computer or broadcast in
any media. All other copying (whether in electronic, hard copy or other
format) is prohibited and may breach intellectual property laws and
other laws world-wide. All commercial use of all or part of this Site
is prohibited except with Beam Global's express prior written consent.
All rights not expressly granted here are reserved to Beam Global.
You may not use any computer program tools including, but not
limited to, web spiders, bots, indexers, robots, crawlers, harvesters,
or any other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process ("Tools") to access, acquire,
copy or monitor any portion of the Site or any content, or in any way
reproduce or circumvent the navigational structure or presentation of
the Site or any content, to obtain or attempt to obtain materials,
documents or information through any means not purposely made available
through the Site. Tools that use the Site shall be considered agents of
the individual(s) who control or author them.
No Warranties
BEAM GLOBAL DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES,
NON-INFRINGEMENT OR ACCURACY.
Beam Global also assumes no responsibility, and shall not be liable
for any such damages caused by viruses or other forms of contamination
or destructive features that may effect your computer equipment,
software, data or other property on account of your access to, use of,
or browsing in the Site or your downloading of any materials, text,
images, video or audio from the Site or any linked sites.
Limitation of Liability
In no event shall Beam Global, its parents, affiliates, subsidiaries
and services providers, or the officers, directors, employees,
shareholders, or agents of each of them, be liable for any damages of
any kind, including without limitation any direct, special, incidental,
indirect, exemplary, punitive or consequential damages, including lost
profits, whether or not advised of the possibility of such damages, and
on theory of liability whatsoever, arising out of or in connection with
the use or performance of, or your browsing in, or your links to other
sites from, this Site. You acknowledge by your use of the Site, that
your use of the Site is at your sole risk. Certain laws do not allow
limitations on implied warranties or the exclusion or limitation of
certain damages; if these laws apply to you, some or all of the above
disclaimers may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Beam Global harmless from
and against any and all claims, damages, costs and expenses, including
reasonable attorneys' fees, arising from or related to your use of the
Site.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or
services and to specific portions or features of the Site, including
but not limited to contests, sweepstakes, invitations, or other similar
features (each an "Application"), all of which additional terms and
conditions are made a part of these Terms of Use by this reference. You
agree to abide by such Application terms and conditions. If there is a
conflict between these Terms of Use and the terms of the Application,
the terms of the Application will control as relating to the
Application.
Pricing for Gift Shop
All prices are listed in U.S. dollars.
GROUND SHIPPING: You can expect delivery, via UPS or USPS Ground
service within 6-9 business days from the day you placed your order
(West Coast orders and those to Alaska and Hawaii may take slightly
longer).
Overseas Orders
Orders outside the U.S. must be placed through our customer service
department by calling: (502) 493-9595 or (800) 680-7890. Office hours
are between 8:30 am and 5:00 pm EST.
PLEASE NOTE: Deliveries require the signature of someone 21 years of age or older.
Questions about your order? For all customer service inquiries
please call between 8:30 am and 5:00 pm EST: Toll-free (800)680-7890.
Returns: Please e-mail us at returns@makersmarkgiftshop.com if you experience a problem with your shipment.
Communications with this Site
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate the law. Beam Global will
fully cooperate, including but not limited to, maintaining and
disclosing any transmittals or communications that you have had with
the Site, disclosing your identity or helping to identify you, with any
applicable law or regulation, law enforcement authorities, court order
or governmental authority.
Any communication or material you transmit to the Site by e-mail or
otherwise, including any data, questions, comments, suggestions, or the
like is, and will be treated as, nonconfidential and non-proprietary.
Beam Global cannot prevent the "harvesting" of information from this
Site, and you may be contacted Beam Global or unrelated third parties,
by e-mail or otherwise, within or outside of this Site. Anything you
transmit may be edited by or on behalf of Beam Global, may or may not
be posted to this Site at the sole discretion of Beam Global and may be
used by Beam Global or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, Beam Global is free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to the Site for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using such
information. If you transmit any ideas, concepts, materials or other
communications to this Site, you accept that it will not be treated as
confidential and may be used by Beam Global Beam Global without
compensation in any manner whatsoever, including without limitation
reproduction, transmission, publication, marketing, product
development, etc.
Although Beam Global may from time to time monitor or review
discussion, chats, postings, transmissions, bulletin boards, and the
like on the Site, Beam Global is under no obligation to do so and
assumes no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Site. Beam
Global assumes no responsibility or liability for any actions or
communications by you or any unrelated third party within or outside of
this Site.
Notice and Procedure for Making U.S. Claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide a Notice with the
following information to the Site's Copyright Agent:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number and e-mail address;
* A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, it's agent or
the law;
* A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Maker's Mark's Copyright Agent for Notice is:
Beam Global Copyright Agent
Beam Global Spirits & Wines, Inc.
510 Lake Cook Road
Deerfield, IL 60015
Phone: 847-948-8888
Fax: 847-948-8610
E-mail: copy.right@beamglobal.com
We may give notice to our users by means of a general notice on our
Site, electronic mail to a user's e-mail address in our records, or by
written communication sent by first-class mail to a user's physical
address in our records. If you receive such a notice, you may provide
counter-notification in writing to the designated Copyright Agent that
includes the information below. To be effective, the
counter-notification must be a written communication that includes the
following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to
which access has been disabled, and the location at which the material
appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you
have a good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled; and
4. Your name, physical address and telephone number, and a
statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your physical address is
located, or if your physical address is outside of the United States,
for any judicial district in which Beam Global may be found, and that
you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such
person.
Termination
At its sole discretion, Beam Global may modify or discontinue the
Site, or may modify or terminate your account or your access to this
Site, for any reason, with or without notice to you and without
liability to you or any third party.
User Name and Password
You acknowledge and agree that you are responsible for maintaining
the confidentiality of your user name and password. You shall be
responsible for all uses of your membership, whether or not authorized
by you. You agree to immediately notify Beam Global of any unauthorized
use of your user name or password or any other breach of security.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites
not owned by Beam Global or its affiliates do not imply endorsement of
that product, publication or site. Beam Global has not reviewed all
material linked to the Site and is not responsible for the content of
any such material. Your linking to any other sites is at your own risk.
Linking Policy
This Site may provide, as a convenience to you, links to sites owned
or operated by parties other than Beam Global. Each linked to website
has its own terms and conditions of use, as described in that site's
legal notice/terms of use. Those terms and conditions may be different
than these Terms of Use, and we urge you to read each website's legal
notice/terms of use carefully before you use that site. Beam Global
does not control, and is not responsible for the availability, content
or security of these external sites, nor your experience interacting or
using these external sites. Beam Global does not endorse the content,
or any products or services available, on such sites. If you link to
such sites you do so at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the
Site shall be deemed acceptance of and consent to, the laws of the
State of Illinois, United States of America, without regard to
principles of conflict of laws. Notwithstanding the foregoing, this
Site may be viewed internationally and may contain references to
products or services not available in all countries. References to a
particular product or services do not imply that they are appropriate
or available to all persons of legal purchasing age in all locations,
or that Beam Global intends to make such products or services available
in such countries. Any offer for any product, feature, service or
Application made on this Site is void where prohibited. Your
information will be transferred Beam Global located in the State of
Illinois, United States, which location may be outside of your own
country, and by providing us with your information, you are consenting
to such transfer. Although we will use all reasonable efforts to
safeguard the confidentiality of any personal information collected, we
will not be liable for disclosure of personal information obtained due
to errors in transmission or the unauthorized acts of third
parties.This policy is effective as of April 24, 2007
Privacy Policy
Maker's Mark® Bourbon Whisky, 45% Alc./Vol.
We make our bourbon carefully, please enjoy it that way.
Read the Maker's Mark Responsibility Statement here.
Beam Global Spirits & Wine, Inc.
510 Lake Cook Rd, Deerfield, IL 60015
©2007 Beam Global Spirits & Wine, Inc. All rights reserved.