Terms and Conditions — Kansas City Whiskey Club

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Version Date: May 21, 2017

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you,

whether personally or on behalf of an entity (“user” or “you”) and Kansas City Whiskey Club, LLC. and its

affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use

of the __________ website as well as any other media form, media channel, mobile website or mobile

application related or connected thereto (collectively, the “Website”). The Website provides the following

service: __________ (“Company Services”). Supplemental terms and conditions or documents that may

be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by

reference.

Company makes no representation that the Website is appropriate or available in other locations other

than where it is operated by Company. The information provided on the Website is not intended for

distribution to or use by any person or entity in any jurisdiction or country where such distribution or use

would be contrary to law or regulation or which would subject Company to any registration requirement

within such jurisdiction or country. Accordingly, those persons who choose to access the Website from

other locations do so on their own initiative and are solely responsible for compliance with local laws, if

and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not

permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH

ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY

CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,

OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO

NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE

WEBSITE.

PURCHASES; PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree

to pay Company all charges at the prices then in effect for the products you or other persons using your

billing account may purchase, and you authorize Company to charge your chosen payment provider for

any such purchases. You agree to make payment using that selected payment method. If you have

ordered a product or service that is subject to recurring charges then you consent to our charging your

payment method on a recurring basis, without requiring your prior approval from you for each recurring

charge until such time as you cancel the applicable product or service. Company reserves the right to

correct any errors or mistakes in pricing that it makes even if it has already requested or received

payment. Sales tax will be added to the sales price of purchases as deemed required by Company.

Company may change prices at any time. All payments shall be in U.S. dollars.

REFUND POLICY

All sales are final and no refunds shall be issued.

USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, you represent and warrant that:

A. all registration information you submit is truthful and accurate;

B. you will maintain the accuracy of such information;

C. you will keep your password confidential and will be responsible for all use of your password

and account;

D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received

parental permission to use this Website; and

E. your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as

prompted by the Website’s registration form and (b) maintain and promptly update registration data to

keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not

current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,

inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and

refuse any and all current or future use of the Website (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate

in our discretion, such as when the user name is obscene or otherwise objectionable or when a

trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide

The Website may invite you to chat or participate in blogs, message boards, online forums and other

functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform,

publish, distribute or broadcast content and materials to Company and/or to or via the Website, including,

without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or

personally identifiable information or other material (collectively "Contributions"). Any Contributions you

transmit to Company will be treated as non-confidential and non-proprietary. When you create or make

available a Contribution, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing,

downloading and copying of your Contribution does not and will not infringe the proprietary

rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights

of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases

and permissions to use and to authorize Company and the Website users to use your

Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable

individual person in the Contribution to use the name or likeness of each and every such

identifiable individual person to enable inclusion and use of the Contribution in the manner

contemplated by this Website;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise

objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock,

disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any

government, does not incite, encourage or threaten physical harm against another, does not

violate any applicable law, regulation, or rule, and does not violate the privacy or publicity

rights of any third party;

E. your Contribution does not contain material that solicits personal information from anyone

under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not

violate any federal or state law concerning child pornography or otherwise intended to protect

the health or well-being of minors;

F. your Contribution does not include any offensive comments that are connected to race,

national origin, gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate, or link to material that violates, any provision of

this Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Website, or making them accessible to the Website by linking

your account to any of your social network accounts, you automatically grant, and you represent and

warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable,

perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use,

copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,

publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such

Contributions (including, without limitation, your image and voice) for any purpose, commercial,

advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such

Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may

occur in any media formats and through any media channels. Such use and distribution license will apply

to any form, media, or technology now known or hereafter developed, and includes our use of your name,

company name, and franchise name, as applicable, and any of the trademarks, service marks, trade

names and logos, personal and commercial images you provide. Company does not assert any

ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in

this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any

Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-
screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this

Agreement.

By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user

a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,

download, print and otherwise use your Contributions for their internal purposes and not for distribution,

transfer, sale or commercial exploitation of any kind.

GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no

obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or

inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should

have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive

language, profanity, or abusive, racist, or hate language; discriminatory references based on religion,

race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal

activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers

should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false

statements or organize a campaign encouraging others to post reviews, whether positive or negative.

Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or

partner of Company. Company does not assume liability for any review or for any claims, liabilities or

losses resulting from any review. By posting a review, the reviewer hereby grants to Company a

perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to

Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all

content relating to reviews.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

information about the Website or the Company Services ("Submissions") provided by you to Company

are non-confidential and Company (as well as any designee of Company) shall be entitled to the

unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,

without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes

it available. The Website may not be used in connection with any commercial endeavors except those

that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

A. attempting to bypass any measures of the Website designed to prevent or restrict access to

the Website, or any portion of the Website

B. attempting to impersonate another user or person or using the username of another user

C. criminal or tortious activity

D. deciphering, decompiling, disassembling or reverse engineering any of the software

comprising or in any way making up a part of the Website

E. deleting the copyright or other proprietary rights notice from any Website content

F. engaging in any automated use of the system, such as using any data mining, robots or similar

data gathering and extraction tools

G. except as may be the result of standard search engine or Internet browser usage, using or

launching, developing or distributing any automated system, including, without limitation, any

spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or

using or launching any unauthorized script or other software

H. harassing, annoying, intimidating or threatening any Company employees or agents engaged

in providing any portion of the Company Services to you

I. interfering with, disrupting, or creating an undue burden on the Website or the networks or

services connected to the Website

J. making any unauthorized use of the Company Services, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending unsolicited

email, or creating user accounts by automated means or under false pretenses

K. selling or otherwise transferring your profile

L. systematic retrieval of data or other content from the Website to create or compile, directly or

indirectly, a collection, compilation, database or directory without written permission from

Company

M. tricking, defrauding or misleading Company and other users, especially in any attempt to learn

sensitive account information such as passwords

N. using any information obtained from the Website in order to harass, abuse, or harm another

person

O. using the Company Services as part of any effort to compete with Company or to provide

services as a service bureau

P. using the Website in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained

therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other

intellectual property rights under United States and foreign laws and international conventions. Company

Content, includes, without limitation, all source code, databases, functionality, software, website designs,

audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers,

button icons, scripts and service names are registered trademarks, common law trademarks or trade

dress of Company in the United States and/or other countries. Company's trademarks and trade dress

may not be used, including as part of trademarks and/or as part of domain names, in connection with any

product or service in any manner that is likely to cause confusion and may not be copied, imitated, or

used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only

and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,

sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent

of the respective owners. Provided that you are eligible to use the Website, you are granted a limited

license to access and use the Website and the Company Content and to download or print a copy of any

portion of the Company Content to which you have properly gained access solely for your personal, non-
commercial use. Company reserves all rights not expressly granted to you in and to the Website and

Company Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Company Services) links to other

websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,

music, sound, video, information, applications, software and other content or items belonging to or

originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party

Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by

us, and we are not responsible for any Third Party Websites accessed through the Website or any Third

Party Content posted on, available through or installed from the Website, including the content, accuracy,

offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party

Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any

Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If

you decide to leave the Website and access the Third Party Websites or to use or install any Third Party

Content, you do so at your own risk and you should be aware that our terms and policies no longer

govern. You should review the applicable terms and policies, including privacy and data gathering

practices, of any website to which you navigate from the Website or relating to any applications you use

or install from the Website. Any purchases you make through Third Party Websites will be through other

websites and from other companies, and Company takes no responsibility whatsoever in relation to such

purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

A. monitor the Website for violations of this Agreement;

B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this

Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of,

or disable (to the extent technologically feasible) any user’s contribution or any portion thereof

that may violate this Agreement or any Company policy;

D. in Company’s sole discretion and without limitation, notice or liability to remove from the

Website or otherwise disable all files and content that are excessive in size or are in any way

burdensome to Company’s systems;

E. otherwise manage the Website in a manner designed to protect the rights and property of

Company and others and to facilitate the proper functioning of the Website.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If you believe that content available on or through our Website infringes one or more of your copyrights,

please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”)

providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the

Notification. Please be advised that pursuant to federal law you may be held liable for damages if you

make material misrepresentations in a Notification. Thus, if you are not sure that content located on or

linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our

Website has a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

works at a single online website are covered by a single notification, a representative list of

such works at that website.

C. Identification of the material that is claimed to be infringing or to be the subject of infringing

activity and that is to be removed or access to which is to be disabled, and information

reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact the complaining party, such as an

address, telephone number, and, if available, an electronic mail address at which the

complaining party may be contacted.

E. A statement that the complaining party has a good faith belief that use of the material in the

manner complained of is not authorized by the copyright owner, its agent, or the law.

F. 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 an exclusive right that

is allegedly infringed.

Notifications should be sent to our Designated Copyright Agent as follows:

Designated Copyright Agent

__________ (“Company”)

__________

__________, __________ __________

Fax: __________

Email: __________

Phone: __________

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described

below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

If you believe your own copyrighted material has been removed from our Website and/or our service as a

result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”)

to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective

Counter Notification under the DMCA, your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the

material appeared before it was removed or disabled.

B. A statement that you consent to the jurisdiction of the Federal District Court in which your

address is located, or if your address is outside the United States, for any judicial district in

which our Company is located.

C. A statement that you will accept service of process from the party that filed the Notification or

the party's agent.

D. Your name, address and telephone number.

E. A statement under penalty of perjury that you have a good faith belief that the material in

question was removed or disabled as a result of mistake or misidentification of the material to

be removed or disabled.

F. Your physical or electronic signature.

You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set

forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will

restore your removed or disabled material after ten (10) business days but no later than fourteen (14)

business days from the date we receive your Counter Notification, unless our Designated Copyright

Agent first receives notice from the party filing the original Notification informing us that such party has

filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by

mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a

false Counter Notification constitutes perjury.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or

member of the Website, as applicable. You may terminate your use or participation at any time, for any

reason, by following the instructions for terminating user accounts in your account settings, if available, or

by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE

RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR

ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF

ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF

ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND

ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,

IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any

time in its sole discretion to block certain IP addresses from accessing the Website and Company

Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive

the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to

fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,

WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S

THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS

AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING

NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS

AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO

INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party, even

if you may be acting on behalf of the third party. In addition to terminating or suspending your account,

Company reserves the right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be

posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to

this Agreement when you use the Company Services after any such modification becomes effective.

Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore

important that you regularly review this Agreement and keep your contact information current in your

account settings to ensure you are informed of changes. You agree that you will periodically check the

Website for updates to this Agreement and you will read the messages we send you to inform you of any

changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the

Company Services (or any part thereof) with or without notice. You agree that Company shall not be

liable to you or to any third party for any modification, suspension or discontinuance of the Company

Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand

and agree that Company is under no obligation to become involved. In the event that you have a dispute

with one or more other users, you hereby release Company, its officers, employees, agents and

successors in rights from claims, demands and damages (actual and consequential) of every kind or

nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in

any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company

Services shall be governed by and construed in accordance with the internal laws of the

State/Commonwealth of Missouri, without regard to conflict of law provisions. With respect to

any disputes or claims not subject to informal dispute resolution or arbitration (as set forth

below), you agree not to commence or prosecute any action in connection therewith other

than in the state and federal courts located in Clay County, State of Missouri, and you hereby

consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens

with respect to, venue and jurisdiction in such state and federal courts. Application of the

United Nations Convention on Contracts for the International Sale of Goods is excluded from

this Agreement. Additionally, application of the Uniform Computer Information Transaction Act

(UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by

you related in any way to the Website or Company Services be instituted more than two (2)

years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy

or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to

negotiate any Dispute (except those Disputes expressly provided below) informally for at least

thirty (3) days before initiating any arbitration or court proceeding. Such informal negotiations

commence upon written notice from one person to the other.

C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal

negotiations, either you or Company may elect to have the Dispute (except those Disputes

expressly excluded below) finally and exclusively resolved by binding arbitration. Any election

to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT

ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND

HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the

Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where

appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA

Consumer Rules"), both of which are available at the AAA website www.adr.org. The

determination of whether a Dispute is subject to arbitration shall be governed by the Federal

Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and

your share of arbitrator compensation shall be governed by the AAA Consumer Rules and,

where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the

arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration

may be conducted in person, through the submission of documents, by phone or online. The

arbitrator will make a decision in writing, but need not provide a statement of reasons unless

requested by a party. The arbitrator must follow applicable law, and any award may be

challenged if the arbitrator fails to do so. Except where otherwise required by the applicable

AAA rules or applicable law, the arbitration will take place in Clay County, State of Missouri.

Except as otherwise provided in this Agreement, you and Company may litigate in court to

compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter

judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute

between Company and you individually. To the full extent permitted by law, (1) no arbitration

shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated

on a class-action basis or to utilize class action procedures; and (3) there is no right or

authority for any Dispute to be brought in a purported representative capacity on behalf of the

general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the

following Disputes are not subject to the above provisions concerning informal negotiations

and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the

validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or

arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any

claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you

nor Company will elect to arbitrate any Dispute falling within that portion of this Section found

to be illegal or unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and you and Company agree to

submit to the personal jurisdiction of that court.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or

omissions that may relate to service descriptions, pricing, availability, and various other information.

Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the

information at any time, without prior notice.

DISCLAIMERS

Company cannot control the nature of all of the content available on the Website. By operating the

Website, Company does not represent or imply that Company endorses any blogs, contributions or other

content available on or linked to by the Website, including without limitation content hosted on third party

websites or provided by third party applications, or that Company believes contributions, blogs or other

content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or

otherwise objectionable content you may encounter on the Website or in connection with any

contributions. The Company is not responsible for the conduct, whether online or offline, of any user of

the Website or Company Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR

SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S

CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO

LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL

PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY

SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS

OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY

KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY

TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU

AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE

YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,

LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR

COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE

FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU

TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF TWELVE (12) MONTHS

PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY

HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,

WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT

WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective

officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out

of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement

and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify Company, and you agree to cooperate, at your expense, with

Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,

action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the

address listed in the contact information below. Any notices given to you shall be given to the email

address you provided during the registration process, or such other address as each party may specify.

Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending

party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance

of the Company Services, as well as data relating to your use of the Company Services. Although we

perform regular routine backups of data, you are primarily responsible for all data that you have

transferred or that relates to any activity you have undertaken using the Company Services. You agree

that Company shall have no liability to you for any loss or corruption of any such data, and you hereby

waive any right of action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make

transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS

CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH

AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY

ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU

ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,

POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,

you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the

Company Services. The failure of Company to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement

are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest

extent permissible by law. This Agreement and your account may not be assigned by you without our

express written consent. Company may assign any or all of its rights and obligations to others at any time.

Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any

cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is

unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this

Agreement and does not affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between you and Company as a

result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will

furnish Company any documentation, substantiation or releases necessary to verify your compliance with

this Agreement. You agree that this Agreement will not be construed against Company by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of this

Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information

regarding use of the Company Services, please contact Company as set forth below or, if any complaint

with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at

400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Kansas City Whiskey Club, LLC.

13309 Redwood Lane

Smithville, MO 64089

Email: charley.cox@kansascitywhiskeyclub.com

Phone: (816) 678-3800