The following terms and conditions of use (the “Terms and Conditions”) govern your use of the Lux Row Distillers web site www.luxrowdistillers.com and any and all other online digital platforms, which shall include, without limitation, the home page, splash page, all other pages under the same top level domain name, and all content thereon (the “Site”) and other online or digital platforms (such as Facebook) which are maintained by Lux Row Distillers, (“Lux Row Distillers” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Age Requirement for Use of Site
This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise use the Site and related services. Persons under legal purchase age are prohibited from using the Site or such services in any way. Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please do not visit this Site.
Services Available on the Site
Lux Row Distillers may make certain services available to visitors of the Site. For example, you may be able to chat with other visitors, post comments on a bulletin board, enter a sweepstakes, download a screensaver or other software or send branded post cards or party invitations to friends (these services are collectively referred to herein with the Site as the “Site”). Visitors are solely responsible for the User Information and other content they post on and through the Site. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the public portions of the Site (e.g., chat, bulletin boards, post cards, invitations), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Visitors to and users of the Site are encouraged to exercise caution when providing personal information about themselves.
As between you and Lux Row Distillers (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
You acknowledge and agree that in connection with your use of the Site and services you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Lux Row Distillers shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Unsolicited or Solicited Materials
Unless specifically requested, Lux Row Distillers does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Lux Row Distillers will be deemed not to be confidential or secret. By submitting or sending information or other material to Lux Row Distillers you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Lux Row Distillers you grant Lux Row Distillers the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.
You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold Lux Row Distillers, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LUX ROW DISTILLERS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LUX ROW DISTILLERS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUX ROW DISTILLERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LUX ROW DISTILLERS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF LUX ROW DISTILLERS OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL LUXCO BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF LUX ROW DISTILLERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify Lux Row Distillers and its affiliates, employees, agents, representatives and third party service providers and you agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this agreement.
Links from and to the Site
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Lux Row Distillers of such sites or the content, products, advertising or other materials presented on such sites. Lux Row Distillers does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Lux Row Distillers is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Lux Row Distillers respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lux Row Distillers’ copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Lux Row Distillers copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: firstname.lastname@example.org.
The Terms and Conditions and the relationship between you and Lux Row Distillers shall be governed by the laws of the State of Missouri, without regard to its conflict of law provisions. You and Lux Row Distillers agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Missouri, County of St. Louis. You and Lux Row Distillers each agree to submit to the personal and exclusive jurisdiction of the courts located within St. Louis County in the State of Missouri. The failure of Lux Row Distillers to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
BOOKING TERMS & CONDITIONS
Information About Us
Tours, experiences and events (“Experiences”) at Lux Row Distillers (the “Distillery”) are operated by Lux Row Distillers LLC (“we”, “the company”, “LRD”). Lux Row Distillers is located at 1 Lux Row, Bardstown, Kentucky 40004.
The following Booking Terms and Conditions, as well as any information contained in the booking form or tickets provided to you, apply to all bookings for Experiences at the Distillery. They shall be deemed to commence upon booking ticket(s) for an Experience.
Online Booking Service and Website
We will endeavor to ensure that the information displayed on the website is current and accurate. However, we cannot be held liable for any errors.
We reserve the right to change or withdraw the Experiences on the website without any prior notice.
Upon booking tickets for an Experience, you warrant that:
- You are 21 years old or over.
- All details you have provided for yourself or other guests are correct to the best of your knowledge.
- The payment card is your own and the total amount for the booking is able to be paid for in full from the account.
- You will abide by these Booking Terms and Conditions.
Conditions of Entry to the Experience
All Experiences are subject to availability and may be altered or cancelled at any time. On arrival, you must show the payment card used during online booking or the booking code for your party, because proof of payment is required prior to entry to the Distillery.
All visitors may be subject to an age check on arrival at the Distillery, so visitors should bring photo identification (“ID”) to the Distillery. We operate a Challenge 25 policy. If our staff believe or suspect any visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID. In that event, if you cannot produce valid photo ID, you will not be served and you may be asked to leave the Distillery.
All other concessions must bring valid proof of the relevant entitlement (e.g. military or services card, photo ID or passport).
Any guests under 21 must be accompanied by an adult over the age of 21.
Ticket holders for the Lux Row Experience must arrive at the visitor center between the specified arrival times. Latecomers will not be admitted to the Experience except at the absolute discretion of LRD.
We reserve the right to refuse admission to the Distillery.
As a working distillery, we cannot allow visitors with high heels or open-toed shoes into the production areas. Please ensure that you wear sensible footwear to the Distillery.
PRICES AND PAYMENT
The price of any Experience will be as quoted on the website www.luxrowdistillers.com. All prices shown are inclusive of Kentucky sales tax. We reserve the right to change the prices of any Experience at any time and without prior notice. However, once a booking e-mail has been received by you, the price of that Experience will not change.
We accept Visa and MasterCard credit cards. By booking an Experience, you consent to payment being charged to your credit/debit card. All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer does not authorize payment, we will not be liable for any delay or non-delivery.
All experiences shall be booked and paid for in US dollars.
Cancellations and Changes to Booking
If we cancel your Experience in its entirety, you will be entitled to a full refund for the purchase price of the Experience.
We will use reasonable endeavors to be open and operational during published opening hours, but we reserve the right to close the Experience on any given day or part thereof, whether for security or any other reason, without notice. In the event of total closure, any tickets issued for use only on the day of closure will be exchanged or refunded by LRD at the price paid for them, but no further compensation will be paid.
From time to time, parts of the Experience may be closed (e.g. for maintenance, events or for technical reasons). Tickets will not be refunded and no compensation will be paid in the event of such closures.
Tour check-in is required 20 minutes prior to your scheduled tour time. Guests who arrive past the scheduled check-in time will be placed on the next available tour time if space is available. We cannot guarantee or refund your tour if you/your guests arrive late. We will try to get you/your group on the next available tour if possible, but this is not guaranteed as our Distillery tour groups are limited to 18 people. Joining a tour after it has started will not be permitted. If you cancel a booking within 24 hours of your tour time, your ticket will not be refunded. If you do not arrive for a scheduled Experience, tickets cannot be exchanged or refunded except at the discretion of LRD management.
You may cancel unused vouchers/gift cards from Lux Row Distillers at any time up to 7 days after the date upon which the voucher was purchased. Please contact us by phone or by e-mail at email@example.com within the 7 day period and we will provide a full refund. Refunds will be made to the person who purchased the voucher using the same means of payment used for the initial purchase. Once an experience has been booked using the voucher the right to cancel the voucher will be lost.
Dollars are U.S. and Distillery is in Eastern Standard Time (EST).
Any group of 8 people or more must be booked in advance by contacting Lux Row Distillers. We have a capacity restriction of 18 people on each Distillery tour.
If you suffer losses as a result of LRD breaking these conditions, our liability is strictly limited to the purchase price of the Experience you purchased.
We are not responsible for any loss of profit, loss of business, loss of goodwill, or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the Experience.
Notwithstanding the foregoing, nothing in these terms limits in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter which cannot be excluded by law.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
AT THE DISTILLERY
Visitor Health and Safety
Distillery staff may draw visitors’ attention to certain Health & Safety procedures, to which visitors must adhere.
While at the Distillery, visitors must observe the following:
- No pets or animals. Guide dogs and hearing dogs are welcome in the visitor center, but cannot enter the Distillery as it is a food production facility.
- No access to any area of the Distillery other than areas designated for access by Visitors.
We reserve the right to remove anyone from the Distillery if their behavior is considered likely to cause offense or create a nuisance to other visitors or staff.
In the interests of safety, visitors may be asked to submit to a search of their person or belongings and anyone refusing to submit or found to be in possession of materials believed by LRD to be dangerous or unsuitable will be denied entry or removed from the Experience.
LRD accepts no responsibility for loss, theft or damage to any personal belongings brought into the Experience.
Flash photography and video recording is strictly prohibited within the production areas.
When in the production areas, for safety reasons mobile phones, cameras and any electrical equipment must be switched off.
From time to time LRD or other authorized third parties may carry out photography or other recording at the Distillery and any images or recordings may feature Visitors. Visitors consent to the use of such images by LRD in connection with advertising, promotions or monitoring and acknowledge that the copyright in such images rests with LRD and/or any authorized third party. By purchasing a ticket, you consent to this agreement.
If you have any requirements for special assistance please contact us in advance to ensure we can receive you and ensure you get the best possible experience.
Hearing Impaired Assistance
The tour of the production area is hosted by a tour guide who explains the production process. For visitors with hearing impairments, we can offer a written script on request.
Visually Impaired Assistance
Guide Dogs are welcome in the visitor center, but cannot enter the Distillery as it is a food production facility. We recommend carers accompany our visually impaired visitors.
The Distillery operates a Free Carers Policy, whereby it offers a free carer ticket to any customer who requires essential assistance to visit our Distillery.
GeneralWe also reserve the right to refuse to process a transaction for any reason. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected. These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these terms and conditions. Any contract between you and us pursuant to these terms and conditions will be binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of your rights or obligations arising under such a contract, without our prior written consent.
Lux Row Distillers LLC
1 Lux Row
Bardstown, KY 40004, U.S.A.