Terms Of Service
This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, the user ("User" or "you"), and Huxley LLC ("Company," "we," "us," or "our"), concerning your access to and use of our website located at https://www.drinkhuxley.com (the "Website").
- Use of the Website
a. Age Requirement: The Website is intended for use by individuals who are at least 18 years old or the age of majority in your jurisdiction, whichever is older. If you are under the age of 18 or the age of majority in your jurisdiction, you may not use the Website.
b. License: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal and non-commercial use only.
c. Prohibited Conduct: You agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. Without limiting the foregoing, you agree that you will not:
i. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
ii. 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;
iii. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
iv. Use any device, software, or routine that interferes with the proper working of the Website;
v. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
vi. 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;
vii. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
viii. Otherwise attempt to interfere with the proper working of the Website.
- Intellectual Property
a. Ownership: 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.
b. Trademarks: The Huxley LLC name, the Huxley LLC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Huxley LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Huxley LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
c. License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal and non-commercial use only. You may 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:
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.
iii. 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.
- User Content
a. User Content: The Website may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and comments ("User Content"). You retain all rights in, and are solely responsible for, the User Content you submit to the Website.
b. License: By submitting User Content to the Website, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
c. Representations and Warranties: You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor the Company's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. Monitoring and Removal: The Company reserves the right to review all User Content submitted to the Website and to remove any User Content in its sole discretion, including without limitation any User Content that violates this Agreement or is otherwise objectionable.
- Disclaimers; Limitations of Liability
a. Disclaimer of Warranties: THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE WEBSITE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. Limitation of Liability: IN NO EVENT SHALL HUXLEY LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT
LIMITATION DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. Exclusions: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Huxley LLC, 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 or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
- Governing Law and Jurisdiction
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the state of Minnesota, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the federal or state courts located in Hennepin County, Minnesota.
a. Entire Agreement: These Terms constitute the entire agreement between you and Huxley LLC regarding the use of the Website.
b. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
c. Waiver: The failure of Huxley LLC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
d. Assignment: Huxley LLC may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Website.
e. Headings: The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
f. Contact Information: If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
By using the Huxley LLC website, you agree to these Terms of Service.