This website (the “Site”) is operated by The Rum Journey, LLC (“The Rum Journey” or “Us”, “We”, “Our”). Through the site, The Rum Journey offers tours and merchandise related to the rum industry in Puerto Rico. All information, tools and services available on the Site are provided by The Rum Journey and are conditioned to your acceptance of all terms, conditions, policies and notices stated herein.
Please read these Terms carefully before accessing or using Our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use the Service.
Any new features or tools that are added to the Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and / or changes to Our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.
You may not use Our products for any illegal or unauthorized purpose nor may you, through your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by Us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to Our Return Policy.
We have made every effort to display the images of the products available on the Site as accurately as possible. We cannot guarantee that your computer monitor's display of the content of the Site will be accurate.
We reserve the right, but are not obligated, to limit the sales of Our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the email and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
We may provide you with access to third-party tools over which We have neither control nor input.
You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and / or features through the Site (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms.
In using Our Service and / or Site, you may be exposed to content from third-parties (“Third-Party Content”), either on Our Service or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of Our Service.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You own and are responsible for the content and information posted, or streamed, by you on the Site. You automatically grant Us, or warrant that the owner of the content has expressly granted Us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use any content that you post. We may sublicense its rights through multiple tiers of sublicenses.
Likewise, Our Site, both in its components and in its entirety, its logos and trademarks (“Trademarks”), images, text, video, audio, software, content, and arrangement thereof (“The Rum Journey Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Site on your personal device(s); and (ii) access and view any The Rum Journey Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use. You will not remove, alter or obscure any copyright, Trademarks or other proprietary rights notices incorporated in or accompanying the Site or The Rum Journey Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or The Rum Journey Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.
In order for you to share Our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or the Service in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at anytime. You may not use Our Trademarks to link to the Service or establish a link in such a way as to suggest any form of association, approval or endorsement on Our part without the express written permission of Us. Further, you may not use, frame or utilize framing techniques to enclose any of Our Trademarks, The Rum Journey Content, other proprietary information, including the images found on the Service, the content of any text or the layout / design of any page or form contained on a page of the Service or Site without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of The Rum Journey or any third-party.
If, at Our request, you send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Submissions”), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Submissions that you forward to Us. We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your User Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you make and their accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third-party.
In order to use the Service, you may create an account (“Account”), in which you can store your personal information, such as your name, last name, address, e-mail address, and phone number. When creating an account for using the Service, you will select a username and password. You are responsible for maintaining the confidentiality of your Account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account username and password.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed. For more information, please review Our Returns Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
Prices for Our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any par tor content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE
IF YOU USE OUR SITE AND / OR SERVICE, YOU DO SO AT YOUR SOLE RISK. OUR SITE, SERVICE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SITE OR THE PRODUCTS OFFERED ON THE SITE FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICE WILL BE ACCURATE OR RELIABLE.
THE RUM JOURNEY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM THE RUM JOURNEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT, INCLUDING YOUR PERSONAL INFORMATION, THROUGHTHE USE OF OUR SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no case shall The Rum Journey, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or services procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no event will Our aggregate liability to you or any third-party in any matter arising from or relating to Our Site, the Service, or these Terms exceed the sum of one hundred dollars ($100.00).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be as limited as permitted by law.
You acknowledge that neither The Rum Journey nor Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors have any kind of liability for any personal or material damage, death, illness, or any other damage or expense derived from your participation of the Site or Service, nor any of the products and services offered therein.
Your use and participation on the Site, Service and the products and services offered there in is voluntary and at your own risk, and you acknowledge that there maybe risks related said participation, which you voluntarily assume. In addition, you are responsible for your safety and supervision during any activity related to the Site, Service and the products and services offered therein, and you agree with The Rum Journey that neither you, nor your children, relatives, heirs, executors, administrators, assignees or attorneys, will make a claim of any kind, and release the The Rum Journey, its employees, administrators, agents, officers, directors, managers, members, assignees or proxies in their personal and professional character of any claim or cause of action in law or in equity.
You agree to indemnify, defend and hold harmless The Rum Journey and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or relating to (a) your use of our Site and / or Service; (b) your violation of these Terms or the documents they incorporate by reference; (c) your violation of any rights of another; (d) your conduct in connection with the Site and / or Service, and / or (d) any injury or loss related to the services or products offered through the Site or Service. If you are obligated to indemnify Us, We will have the right, in Our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or Us. You may terminate these Terms at any time by notifying Us that you no longer wish to use Our Service, or when you cease using Our site.
If in Our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms, We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to Our Service (or any part thereof).
The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by Us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and Us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms).
These Terms and any separate agreements whereby We provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to Our website. It is your responsibility to check Our website periodically for changes. Your continued use of or access to Our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about the Terms should be sent to Us at firstname.lastname@example.org.
When you visit this Site or send e-mails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing.