This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which we maintain (our “Site”). Please read these terms of use carefully before you start to use our Site. This Site is for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use.
These terms refer to the Privacy and Cookie Policies, which also apply to your use of our Site.
Please exit our Site immediately if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.

1. SOCIAL RESPONSIBILITY

As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (https://www.distilledspirits.org) – the Distilled Spirits Council for the United States and spirits EUROPE (https://spirits.eu/) – the European representative body for producers of spirit drinks,  and the UK wine and spirit trade association http://wsta.co.uk which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.

2. ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend, or terminate indefinitely the services we provide on our Site without notice. We may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards. We may also suspend, terminate, or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam or cybersecurity or data breaches or if we are required to do so by law. We will not be liable if for any reason our Site is unavailable at any time or for any period.
Where you are given a username and account details as part of your registration, you must keep your username and any passwords confidential, and you must not disclose them to any third party. We will not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred because of, or in connection with any unauthorised use of your username and password by a third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property and database rights, in our Site, and in the materials published on it by us, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.
Except as provided in these Terms and Conditions of Website Use, the use of this Site does not grant you any rights, title, interest, or license to any Materials you may access on this Site. You are entitled to use the Materials on the Site for the sole purpose of use of the Site, and you may not use the Materials for any other purpose not connected with your enjoyment of the Site. You may print a reasonable number of hard copies and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use.
You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us and/or, where applicable, by the relevant Owner.

4. ACCEPTABLE USE

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site where you are in breach of these terms.
You are not permitted to use the Materials outside of the Site, save that you may use the recipes contained in the Site for your professional and domestic use as you see fit. You may not use our Site:

• In any way that breaches any applicable local, national, or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way or which is intended to promote alcohol to minors.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

5. USER-GENERATED CONTENT AND MODERATION

We may from time to time provide interactive services on our Site which may include information and materials uploaded by other users of the Site, including, without limitation, comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, AND any additional terms that apply which you will need to agree to (e.g., Content Guidelines).
Unless otherwise stated in these terms and conditions or any applicable additional terms, we do not, and are under no obligation to: oversee, monitor or moderate any interactive service we provide on our Site, or any content uploaded by users of the interactive services on our Site.
The views expressed by other users on our Site do not represent our views or values and are not endorsed by us. We expressly exclude our liability for any loss or damage arising from using any interactive service by a user in contravention of our Content Standards.
If a Site promotes or markets any SoGood Sake branded products or services, we reserve the right to moderate any user-generated content that is uploaded to such Site to ensure that our Content Standards and/or Content Guidelines are being adhered to.

All materials published on our Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, are protected by intellectual property laws. If you wish to use any copyrighted materials found on our Site, you must obtain proper permissions or licenses from the respective rights holders. When using or referencing any materials from our Site, you should properly attribute and cite the source. Failure to comply with copyright laws may result in legal consequences.

We reserve the right to remove any user-generated content that we consider (in our sole discretion) contravenes our Content Standards.

If you wish to complain about content uploaded by other users, please contact us on hello@sogoodsake.com

6. UPLOADING MATERIAL TO OUR SITE

Where you submit your own content, images, photographs, recipes, videos, and any other materials (“Your Content”) to the Site, you hereby give us, and our group companies and business partners, a non-exclusive licence to display Your Content on the Site, and to use Your Content for our own purposes (including for our own promotional purposes), and to allow other users to view, interact with, share and download Your Content. You acknowledge that given the nature of the Site, Your Content will be publicly visible and may be shared by third parties, and that even if you delete Your Content from the Site, it may still be visible to third parties who have already interacted with or shared Your Content. You shall ensure that you have all relevant permissions, rights, and licences to publish Your Content on the Site
Your Content that you upload to our Site (including interactions with other users) must comply with our Content Standards. Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with our Content Standards.

7. CONTENT STANDARDS

Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards and our Content Guidelines where applicable. These standards apply to each part of any contribution as well as to its whole.
Your contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK, the US and any country from which they are posted.

Your contributions must not:

• Contain any material which is unlawful, obscene, offensive, hateful, or inflammatory.
• Contain sexually explicit material.
• Harm, or attempt to harm, minors in any way.
• Be targeted at an under-legal drinking age audience.
• Encourage, condone, promote, or glamorise underage, excessive or irresponsible consumption of alcoholic beverages or drunk driving.
• Promote violence.
• Contain any material or engage in activities which are indecent, demeaning or insulting or would cause offence to others on grounds of gender, race, religion, creed, nationality, culture, disability, sexual orientation, or age.
• Infringe any copyright, database right, trademark, or other proprietary right of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal or immoral activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
• Be likely to harass, upset, embarrass, alarm, or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Disclose any personally identifiable information about yourself or any other party (e.g., telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived).

This list only serves to provide examples and is not meant to be an exhaustive list.

8. CONTENT GUIDELINES FOR ALCOHOL RESPONSIBILITY

“Content” includes any contribution posted or made available by You on our Site, including, but not limited to, cocktail names, recipes, comments, pictures, videos, and any other materials. Any, and all Content which You contribute to the Site must comply with these Content Guidelines.

Content must adhere to the following:

• Anyone whose image or video is featured should be and look the age required by local regulations (e.g., 25+ in the UK) and their express consent must be sought.
• No child/minor even in the background.
• Do not use or show personalities or celebrities, cartoon characters or images, music or any references that primarily appeal to persons below the legal age for consuming alcoholic beverages in the country or other territory in which you are located (e.g., Santa Claus).
• If you are in the US, do not reference names of, or website links to, legal entities and/or individuals that hold on-trade or off-trade alcohol beverage licenses in the US (“references” include, but are not limited to, statements, photographs, and videos).

Content should not display or condone:

• Activities that reward or encourage excessive or irresponsible consumption of alcohol, including but not limited to; underage consumption, drinking games, rapid or unsafe drinking, overconsumption, and drunk driving.
• Aggression or unruly, irresponsible, or anti-social behaviour or link alcohol with brave, tough or daring people or behaviour.
• Illicit drugs.
• Rewarding oneself with alcohol, or consuming alcohol to escape from something or overcome boredom, loneliness or other problems.
• Glamorising the consumption of alcohol itself or presenting alcohol as a key component of the sexual, social, professional, educational, or athletic success or popularity.
• Consumption of alcohol has any medical or therapeutic effect.
• Any activities or locations in which drinking would be unsafe or unwise; sport, violent behaviours (or games), dangerous environment/situations (e.g., water activities or driving any vehicle).

Alcoholic products/cocktails – Please endorse responsible consumption of alcoholic products and cocktails, and:

• Generally, advocate responsible drinking.
• Show controlled handling, pouring and serving of alcohol.
• We encourage you to create cocktails with lower ABV and cocktails without alcohol.
• We recommend you use ounces and ml measurements in your recipes.
• Avoid showing plastic straws.

This list only serves to provide examples and is not meant to be an exhaustive list.
For more on alcohol responsibility please visit http://www.responsibledrinking.org/  and https://www.responsibledrinking.eu/  or any official local alcohol responsibility site.

9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. We may help connect users offering their services (such as bartending, service staff and mixology services) (“User Services”) with other users seeking to use such User Services. We do not vet or scrutinise any content offering User Services. You acknowledge that we do not supervise or monitor or moderate users offering User Services and that we do not offer User Services. You agree that we are not liable or responsible in any way for User Services and that we do not endorse or recommend any particular User Services. Nothing in our relationship or these terms shall create any employment, agency, joint venture, partnership or other relationship between you and SOGOOD SAKE. We accept no responsibility for any liability arising in relation to the offer or receipt of any User Services and it is your responsibility to enter into contracts with other users as necessary to regulate such User Services.
You confirm that have all licenses, qualifications and experience necessary to offer any User Services advertised or offered by you.
We may help you register or attend events organised by other members and connect with other members at such events. You agree that we are not responsible for such events, nor are we responsible for the conduct of other attendees at such events.

10. OUR LIABILITY

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of our Group of Companies and our affiliates (“Our Group”) hereby expressly exclude and disclaim:
All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the User Services, or your use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
Nothing in these terms affects or limits your statutory rights as a consumer.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS

Your privacy is important to us. We process information about you in accordance with our Privacy Policy.

12. MALICIOUS CODE, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing any malicious code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary Material due to your use of our Site or to your downloading of any Material posted on it, or on any website linked to it.

13. LINKING TO OUR SITE

Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part. If you wish to make any use of Material on our Site other than that set out above, please address your request to hello@sogoodsake.com

14. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. INDEMNITY

You will indemnify Our Group against any loss, damage or cost incurred by us arising out of your use of our Site, any User Services provided by you or accessible to you via the Site, any breach of these terms and conditions by you, or your violation of any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defences.

16. ENTIRE AGREEMENT

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site.

17. JURISDICTION AND APPLICABLE LAW

Details of our internal complaint-handling system can be found here:
In the event a dispute cannot be resolved between us and any business users by means of our internal complaint-handling system, we may agree to enter into mediation to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure or Alternative Dispute Resolution Group (ADRG) procedure. Unless otherwise agreed by us in writing, the mediator will be nominated by CEDR or ADRG.
These terms are governed by English law; and the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and these Terms and Conditions of Website Use are governed by English law.

18. VARIATIONS

We may revise these terms of use at any time by amending this page.

19. TRANSFERRING THIS AGREEMENT

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

20. INFORMATION ABOUT US

In the present Terms and Conditions of Website Use and in the connected Cookie and Privacy Policies, “We” or “us” or “SoGood Sake” or “Group” means SVRI UK Limited. 2 Bishops Wharf, Walnut Tree Close, Guildford, UK, GU1 4UP

These Terms and Conditions are effective as of 20/07/2023.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and The American Sake Company, LLC, dba SoGood Sake (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Terms”), govern your access to and use of [WEBSITE DOMAIN NAME], including any content, functionality, and services offered on or through [WEBSITE DOMAIN NAME] (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER AND LOCATED WITHIN THE UNITED STATES.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, OR NOT LOCATED WITHIN THE UNITED STATES, DO NOT USE THIS WEBSITE. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To purchase Products or use other features on the Website, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding Products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of products and encouraging improved advertising standards for the industry as a whole.  

Online Purchases and Other Terms and Conditions

Our Website contains links to purchase alcohol products via independent, third-party retailers in the Paiseh, Inc. (“AccelPay”) network. Additionally, in order to process your payment, we partner with a third-party payment processor Shopify, Inc., (“Shopify”). We nor this Website are indirectly or directly involved in any sale of alcohol between you and licensed beverage alcohol retailers. This Online Purchases and Other Terms and Conditions section (together with the documents referenced in this section) tells you the terms and conditions on which AccelPay and Shopify facilitates the sale of any of the alcoholic (“Products”) listed on our Website to you. Please read these terms carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions of sale. Please understand that if you refuse to accept these terms and conditions of sale, you will not be able to order any Products.

If you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers, and your payment will be processed by Shopify. AccelPay’s and Shopify’s privacy notices, terms of use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay and Shopify apply to any purchase you make via AccelPay and Shopify and are between you and the third-party retailers in the AccelPay network. We do not accept any responsibility for delivery of orders of Products. For your reference, please find AccelPay’s legal terms, which include information about any orders you make from them, at the following hyperlink: https://www.accelpay.io/company/legal.  For Shopify’s legal terms, please see https://www.shopify.com/legal.

PLEASE REGULARLY CHECK THE ACCELPAY AND SHOPIFY WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

United States Only; Governing Law and Jurisdiction

This Website is intended only for users in the United States. By using the Website, you agree and acknowledge that the Website is hosted in the United States and that data collected through the Website will be stored and processed in the United States.  Please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and the Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Website, these Terms of Use, and/or our Privacy Policy, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California. 

Binding Arbitration

Any controversy or claim arising out of your use of the Website, these Terms of Use, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

This website is operated by:

The American Sake Company, LLC 

7050 Eddy Road

Arbuckle, California 95912

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: admin@sogoodsake.com