Terms of Use

Effective Date – 8/25/2021

This site is made available by Wheyward Spirit LLC (“Wheyward Spirit”). Throughout this site, the terms “Wheyward Spirit,” “we,” “us,” and “our” refer to Wheyward Spirit LLC. When you access and use this site, you agree to the terms and conditions that follow. We reserve the right, in our sole discretion, to modify or update these terms and conditions from time to time. If you do not agree to these terms and conditions, you must exit this site immediately.

Site Age Limitation

Wheyward Spirit and its representatives and agents maintain this site for the personal use of people who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. If you are not of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older, please exit this site immediately. 

Intellectual Property

We are the owner and/or authorized user of all trademarks, logos, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the site, unless otherwise indicated. Except with respect to the limited, non-exclusive license to access and view this site (including all its contents) and download and print certain material from this site as set forth below in the section entitled “Use of Material”, use of the site does not grant you any right, title, interest or license to any such intellectual property on the site. Except as set forth below in the section entitled “Use of Material”, you may not display, reproduce, distribute, modify, transmit, or otherwise use any of the intellectual property of Wheyward Spirit in any way for any public or commercial purpose, without the prior and express written consent of Wheyward Spirit.

Use of Material

This site (including all its contents) is the property of Wheyward Spirit or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, lawful, non-commercial use only, so long as you do not remove any copyright or other proprietary notices that appear on the material you print or download. If you are a distributor/retailer, you may also print and download the sell sheets (if available) for the sole purpose of promoting the products of Wheyward Spirit. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site, including by uploading the material or otherwise making the material available online. All rights not expressly granted here are reserved to Wheyward Spirit.

You may not use any computer program tools to access, acquire, copy or monitor any portion of the site or obtain materials or information through any means not purposely made available through the site.

Accuracy, Completeness and Timeliness of Information on This Site

Wheyward Spirit is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Wheyward Spirit has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Wheyward Spirit system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at websupport@wheywardspirit.com.

To be effective, your notification must (i) be in writing, (ii) be provided to us, and (iii) include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit us or our service provider 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;
• 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; and
• 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.

Wheyward Spirit is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
WHEYWARD SPIRIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHEYWARD SPIRIT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WHEYWARD SPIRIT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WHEYWARD SPIRIT, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE , OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES (OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY EFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY), YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE.
YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Indemnity

You shall indemnify, defend and hold harmless Wheyward Spirit, its subsidiaries and affiliates and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by a third party, and all associated liabilities, losses, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this site, content you transmit to this site, or your breach of the terms and conditions or any other laws, regulations and rules. Wheyward Spirit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Wheyward Spirit.

Jurisdiction

The terms and conditions shall be governed by and construed in accordance with the laws of Oregon, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of Oregon for any action arising from or relating to the terms and conditions or your browsing or use of this site.

Outside the United States

This site is intended for use by U.S. residents who are of legal age to purchase and consume alcoholic beverages and twenty-one years of age or older. Wheyward Spirit makes no claims that the content of this site is appropriate or may be downloaded outside of the U.S. If you access this site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product do not imply that Wheyward Spirit intends to make such products available in all countries, states or regions.

Changes to the Terms of Use

We reserve the right, at our complete discretion, to modify these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Modifications to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, change or suspend any aspect of the site, including, but not limited to, content, features or hours of availability. Wheyward Spirit may impose limits on certain features of the site or restrict your access to part or the entire site without notice or penalty.

Materials Submitted by You

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the site, by e-mail, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgment of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; and that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

Linking Policy

This site may provide, as a convenience to you, links to sites owned or operated by parties other than Wheyward Spirit. Each linked website has its own terms and conditions of use, as described in such site’s terms of use. Please read each website’s terms of use carefully before you use that site. Wheyward Spirit does not endorse the content on such sites (including but not limited to, any products or services available) and is not responsible for the availability, content or security of these external sites. If you use any such linked sites, you do so at your own risk.

Changes to this Site & Privacy Policy

We reserve the right, at our complete discretion, to change this Site & Privacy Policy at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

How to Contact Us

If you have any questions about these Terms of Use, please contact us by e-mail at websupport@wheywardspirit.com. Wheyward Spirit is headquartered in Portland, Oregon.

Miscellaneous

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place. This is the entire agreement between you and Wheyward Spirit regarding all aspects of your use of this site. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. We shall not be required to post a bond or other security in order to obtain injunctive relief. These Terms of Use bind and inure to the benefit of your and our respective successors, assigns, heirs, executors, trustees and administrators, as applicable.

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Privacy Notice

Effective Date – 8/25/2021

Wheyward Spirit LLC, ( “Wheyward Spirit”) respect your concerns about privacy. This Privacy Notice describes the types of personal information we collect about you, how we may use your information, with whom we may share it, and the rights and choices available to you regarding our use of the information. This Privacy Notice also describes the measures we take to safeguard your personal information and how you can contact us for more information about our privacy practices.
This Privacy Notice applies to the personal information we obtain via your transactions and interactions with Wheyward Spirit, including through your use of our website, social media pages and other platforms that reference this Privacy Notice (“Online Channels”); your visits to our distillery/visitor center, and when you connect with us via telephone, at our events and through surveys (“Offline Channels”); and through our third-party sources, including advertising and social media networks (collectively, the “Channels”).

Information We Collect

Information We Obtain About You

We may obtain personal information about you through various Channels as described above. The types of personal information we obtain include:

• Contact information (such as your name, email, postal address and telephone number);
• payment information (such as name, billing and delivery address) and payment card details (such as card number, expiration date and security code);
• online order history; 
• clickstream data and other information about your online activities (such as information about your devices, browsing actions and usage patterns, including across the Online Channels and third-party websites, that we obtain through the use of cookies and similar technologies); and
• other personal information contained in content you submit to us.

Through the Online Channels, you may be able to place orders for products or services using methods of payment that are provided by third parties. Such options provided by third parties have separate privacy policies that govern the use of personal information collected by them.

Information We Obtain by Automated Means

When you interact with our Online Channels, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a small text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We use these automated technologies to collect information about your devices, browsing actions, and usage patterns. The information we obtain in this manner may include your device IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of website visits. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the Online Channels around your preferences; (4) measure the usability of our Online Channels and the effectiveness of our communications; (5) provide customer support; and (6) otherwise manage and enhance our Online Channels.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without certain cookies you may not be able to use and enjoy all of the features of our Online Channels. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

How We Use the Information We Collect

We may use the information we obtain about you to:

• Provide our products and services to you;
• provide technical support;
• process and fulfill orders (including delivery) in connection with our products and keep you informed about the status of your order;
• personalize your experience with the Online Channels;
• communicate with you and provide customer support;
• send you offers or other marketing, advertising or promotional materials on behalf of Wheyward Spirit;
• perform analytics (including market and consumer research, trend analysis and financial analysis);
• operate, evaluate, develop, manage and improve our business (including operating, administering, analyzing and improving our products; developing new products; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
• protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We process your personal information for these purposes in order to perform our contracts with you, to comply with and enforce legal requirements to which we are subject and for the establishment, exercise or defense of legal claims. We also process your personal information in the pursuit of our legitimate interests as outlined above, such as to improve our business and protect against fraud. To the extent required by applicable law, we rely on your consent for certain forms of processing.

We also may use the information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

Third-Party Analytics Services

We use third-party web analytics services on our Online Channels, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses, cookies and other device identifiers) to evaluate use of our Online Channels. To learn more about Google Analytics and how to opt out, please visit https://policies.google.com/technologies/partner-sites. 

Online Tracking and Interest-Based Advertising

Through our Online Channels, we may collect information about your online activities to provide you with advertising about products and services tailored to your interests. You may see our ads on other websites or mobile apps because we may participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites, and to build a profile of users’ online browsing activities. The information our ad networks may collect includes data about users’ visits to websites that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites. This data collection takes place both on our Online Channels and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. Our Online Channels are not designed to respond to “do not track” signals received from browsers. To learn how to opt out of ad network interest-based advertising please visit: https://aboutads.info/choices, https://www.networkadvertising.org/choices/, and https://preferences-mgr.truste.com/.

Information Sharing

We take your privacy very seriously, and we do not sell, rent or otherwise disclose personal information we obtain about you in connection with the Online Channels, except as described in this Privacy Notice. We may share your personal information with our affiliates for the purposes described in this Privacy Notice. We also may share your personal information with service providers who perform services on our behalf for the purposes described in this Privacy Notice. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that facilitate payment card processing, order fulfillment and provide marketing services.

In addition, we may disclose information about you: (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies (such as law enforcement authorities); (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent. We also reserve the right to transfer personal information we have about you in the event we sell or transfer (or contemplate the sale or transfer of) all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Data Transfers

We may transfer your personal information to countries outside of the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will implement appropriate safeguards to help ensure that we protect that information as described in this Privacy Notice and in accordance with applicable law.

Your Rights and Choices

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences, stop receiving emails or submit a request, please contact us as specified in the How to Contact Us section of this Privacy Notice.

To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, update, amend or delete your information, or that we restrict the processing of such information by contacting us as specified in the How to Contact Us section of this Privacy Notice.

Subject to applicable law, you also may have the right to receive, in a structured, commonly used and machine-readable format, the personal information that you provided to us about you, with your consent or based on a contract to which you are party. You also have the right to have this information transmitted to another company, where it is technically feasible. You may lodge a complaint with the data protection authority in your country if you are not satisfied with our responses.

Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.

Other Online Services and Third-Party Features

Our Online Channels may provide links to other online services for your convenience and information, and may include third-party features such as apps, tools, payment services, widgets and plug-ins (e.g., Facebook, Twitter and Instagram buttons). These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, Wheyward Spirit is not responsible for these third parties’ information practices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

How We Retain Personal Information

To the extent permitted by applicable law, we typically retain personal information we collect about you for as long as it is needed (1) for the purposes for which we collected it and in accordance with the terms of this Privacy Notice, which generally means that we will keep personal information for the duration of our relationship with you; (2) to take into account applicable statute of limitation periods and comply with mandatory applicable laws; or (3) for legitimate business purposes to the extent permitted by applicable law. As described in the Your Rights and Choices section of this Privacy Notice, to the extent provided by the law of your jurisdiction, you may request that we delete your information or restrict the processing of such information by contacting us as indicated below.

Legal Purchase Age and Minors’ Personal Information

The Online Channels are directed toward a general audience of legal age to purchase alcohol. Wheyward Spirit does not knowingly collect or use information from individuals under 21 (or other relevant legal age based on applicable law) obtained through the Online Channels. If we become aware that we have collected personal information from an individual under the age of 21 (or other relevant legal age based on applicable law), we will promptly delete the information from our records. If you believe that an individual under the legal purchase age may have provided us with personal information, please contact us as specified in the How to Contact Us section of this Privacy Notice.

Updates to Our Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. If we make a change, we will modify the “Effective Date” at the top of this page so you can see if this Privacy Notice has changed since the last time you viewed it. If we make a significant change to our privacy practices, we will update you by posting a notice on the Online Channels, by email or through other reasonable means.

How to Contact Us

The entity responsible for the collection and use of your personal information is Wheyward Spirit unless otherwise indicated. Wheyward Spirit is Headquartered in Portland, Oregon.

If you have any questions or concerns regarding this Privacy Notice, please contact us by email at websupport@wheywardspirit.com.