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Terms of Use

Read This Terms of Use Agreement Before Using This Website

Effective Date: This Terms of Use Agreement was last updated on August 20, 2010.

This Terms of Use Agreement sets forth the standards of use of the Whisknyc.com web site (“the site”). By using the Whisknyc.com website you (the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the whisknyc.com website. Your continued use of the site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Acceptable Uses

You may use this site for lawful shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any criminal manner, including, but not limited to hacking into the Site’s systems, spoofing or faking email headers, or slowing or stopping the functionality of the Site.

Upon registering you agree to provide true, accurate, and complete information about yourself as directed by the registration form. If you provide any information that is inaccurate, untrue, incomplete or suspicious, Whisk reserves the right to terminate your account and refuse any and all current and future use of the Site.

You are responsible for maintaining the confidentiality of the password and account that you create upon completion of the registration process. You are fully responsible for all activities that occur under your account. You agree to immediately notify Whisk of any unauthorized use of your account, or any other breach of security. You agree to ensure that you exit from your account at the end of each session. Whisk is not liable for any loss or damage arising from your failure to comply with this agreement.

Description of Service

Whisknyc.com is providing the Customer with ecommerce. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relating to such connection.

Disclaimer of Warranties

The site is provided by Whisknyc.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Whisknyc.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Whisknyc.com shall have no liability for any interruptions in the use of this Website. Whisknyc.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement to the fullest extent permitted by applicable law.

Limitation of Liability

Under no circumstances and under no legal theory shall whisk be responsible to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, even if whisk has been advised of the matter giving rise to the claim for such damages.

This site may provide, or third parties may provide, links to other websites or resources. because whisk has no control over such sites and resources, you acknowledge and agree that whisknyc.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. you agree that whisk shall not be 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 or through any such site or resource.

Indemnification

Customer agrees to indemnify, defend, and hold the owner of Whisknyc.com, its shareholders, subsidiaries, affiliates, officers and employees, harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from any violation of this agreement by you. Whisknyc.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Whisk in asserting any available defenses.

Modifications and Interruption to Site

Whisknyc.com reserves the right to modify or discontinue the site with or without notice to the customer. Whisknyc.com shall not be liable to customer or any third party should Whisknyc.com exercise its right to modify or discontinue the site. Customer acknowledges and accepts that Whisknyc.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible. We encourage all Customers to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Information

Occasionally there may be information on Whisknyc.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Colors

Whisknyc.com has made every effort to display as accurately as possible the colors of our products that appear on the Site. However, the colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate. Whisknyc.com often will rename a color. We reserve the right to ship the color Customer purchases, even if called a different name.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.

Compliance with Laws

Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Whisknyc.com, will all rights reserved, or is the property of Whisk and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Whisk is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Whisk.

Whisk
231 Bedford Avenue
Brooklyn, NY 11211

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the owner of Whisknyc.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of the site. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.