Welcome to the Kentucky Peerless Distilling Company (“Kentucky Peerless Distilling Co.” or “Peerless”) website (the “Website” or “Site”). This page lists the terms of use on which you may make use of this website and any and all other online or digital platforms. Please read these terms of use carefully before you start to use our Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use. To access this Website you must be of legal drinking age in the country where you reside. You must exit this Website immediately if you are not of legal age to consume alcoholic beverages in the country in which you reside or if you are in a country or territory where access to this Website is not permitted. Last updated: August 7, 2024
POLICIES
Privacy Policy
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information, and the page(s) you visited. We will not sell your personally identifiable information to anyone.
You are responsible for the confidentiality of your account (if any), your password (if any), and all statements made and acts or omissions on your account. If you believe someone has used your password or account without authorization, notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.
CONSENT TO ELECTRONIC COMMUNICATIONS
When you visit the Site or send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Security Policy
Your payment and personal information are always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including your credit card number, name, and address, so that it cannot be read over the internet.
Refund and Cancellation Policy
A full refund will be provided for cancellations made at least 48 hours before the scheduled experience time. Refunds for cancellations made less than 48 hours before the scheduled experience will not be given. Refund requests can be made via phone or email. Call 502-566-4999 or email contact@kentuckypeerless.com for refund approval.
Scope of Agreement
General. This Terms of Use Agreement (the “Agreement”) is between you (“You” and “Your”) and Kentucky Peerless Distilling Company. (“Peerless” or “We”). This Agreement governs Your access to and use of this Website, the Content (as defined below) made available to You through this Website, and services and other transactions offered through this Website. In addition to complying with the terms and conditions of this Agreement, You agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Website, which are incorporated into and made a part of this Agreement.
Binding Agreement
By accessing or using this Website in any manner you are deemed to have read, understood, and agreed to each of the terms, conditions, and notices set forth in this Agreement and the Privacy Policy. If you do not understand or agree to each of the terms, conditions, and notices in this Agreement, you should not access or use this Website in any manner and You should exit this Website immediately.
Modification of Website or Agreement
Peerless may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all of the services, Content, or transactions offered through this Website), in whole or in part, without notice or liability to You.
Peerless reserves the right to modify this Agreement at any time at its sole discretion. If Peerless changes these terms and conditions, Peerless will post the date of the last revision at the top of this Agreement and will post the revised version on the Website. The modified version of the Agreement will apply to all access and use of the Website and the Content provided in the Website thereafter. Additionally, Peerless may send an email to you notifying you of the changes to these terms and conditions at the time the revisions are made. By continuing to access and use the Website once the modified Agreement is posted, You indicate Your assent to the modifications and Your agreement to be bound by this Agreement as modified.
Availability and Use of Website
Availability. The availability of this Website depends on many factors, including some factors that are beyond Peerless’s control, such as Your connection to the Internet and the Internet backbone. Peerless shall not be liable to You if You cannot use this Site for any reason.
You represent and warrant that You are 21 years of age or older and have the ability to enter into this Agreement. If you are under the age of 21, you may not use this Website.
Restrictions on Use
You must use this Website only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Website (a) to reverse engineer or decompile it, or to gain access (or attempt to access) areas or Content provided on the Website or Peerless’s services for which You do not have the proper authorization; (b) to impersonate any person or entity (including Peerless or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Peerless’s services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in Section 4(c) above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of-service attack; (l) in a manner that Peerless determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the Content provided through the Website, or Peerless’s services.
Communications. By registering for the Peerless newsletter, you may receive periodic emails from Peerless. These emails may include information pertaining to Peerless services, confirmations, newsletters, or other messages. Peerless may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Peerless, please send an email to contact@kentuckypeerless.com and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.
Term; Termination
Termination. In addition to any other legal or equitable remedies, Peerless may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Peerless by e-mail at to contact@KentuckyPeerless.com or by regular mail to 120 North 10th street, Louisville, kentucky 40202.
Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Website and Peerless may, in addition to any other legal or equitable remedies, deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions that by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
Intellectual Property
Intellectual Property Laws. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Website and the Content provided therein, and any unauthorized access to or use of this Website or the Content therein may violate such laws. Peerless reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
Ownership. All information and data that is part of this Website, including without limitation, text, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Peerless or third parties. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Peerless or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of Peerless, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Peerless.
Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website.
COLORS
We attempt to display the colors of the products shown on the Site as accurately as possible. However, we cannot guarantee that the color you see on the Site matches the product color, as the display color depends, in part, upon the monitor or screen you use.
PRICING, SITE ERRORS AND OMISSIONS
Pricing or other errors or omissions may occur on the Site from time to time. Kentucky Peerless Distilling Co. attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Kentucky Peerless Distilling Co.
Links to Other Internet Sites
This Website may contain links to Internet sites owned, operated or maintained by third parties not under Peerless’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Peerless’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
Third Parties
References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third-party linked site or any link contained in any linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party’s terms and policies.
Purchaser Statutory Compliance
By accepting the Terms and Conditions upon purchasing distilled spirits you understand:
• If you are shipping to a Kentucky address to the best of your knowledge and belief, the address to receive the purchased distilled spirits is not located in a dry territory and shipping distilled spirits to the address will not violate any local ordinances.
• Upon the delivery of the purchased distilled spirits, a person that is at least 21 years old must sign for the delivery and I understand that the distilled spirits cannot be delivered without the verification signature.
• Kentucky Peerless Distilling Company is not responsible for any loss or breakage that occurs during shipping and that I or the common carrier or shipping company that delivers the distilled spirits bears the responsibility for ensuring that your purchase is whole upon delivery and that you received your purchased items.
Shipping Policy
Shipments will be shipped in 2-5 days after the order has been placed. All shipments containing alcohol are exclusively shipped by UPS and require a 21 year or older adult signature.
Distillery Pickup Policy
Due to limited availability, bottle pre-orders will be held no longer than 7 business days. If your bottle is not picked up within this time period, you will be refunded your order amount minus $10 per bottle purchase to accommodate for stock adjustment.
NOTICE
UPS assumes no liability for the information provided by the address validation functionality. The address validation functionality does not support the identification or verification of occupants at an address. Any request to the UPS Address Validation Street Level API shall be solely to validate and classify an address in connection with tendering a package for delivery via UPS.
Warranty Disclaimer; Limitation of Liability
Disclaimer. All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that You use this Website is at Your own risk. Peerless does not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, error-free or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. Peerless disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Peerless shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Site or on any site linked to the Website.
Limitation of Liability. To the maximum extent permitted by applicable law, Peerless, its affiliates, and any of their respective officers, directors, employees, or agents shall not be liable for punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if Peerless had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Peerless shall not be liable to You for any damages arising from Your use of the Website or from any other user of the Website, or from Your reliance on any information provided on the Website.
Indemnity
You agree to indemnify, defend, and hold harmless Peerless, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. Peerless reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Peerless’s defense of such claims.
INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property, and materials on the Site (collectively, the “Intellectual Property”) are owned, controlled or licensed by Kentucky Peerless Distilling Co., one of our affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the Intellectual Property and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Intellectual Property; (2) do not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third party in a commercial manner.
No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Sites, or any related software without the prior express written consent of Kentucky Peerless Distilling Co.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kentucky Peerless Distilling Co. without its prior express written consent. You may not use any metatags or any other “hidden text” utilizing Kentucky Peerless Distilling Co.’s name or trademarks without the prior express written consent of Kentucky Peerless Distilling Co.. You may not misuse the Site. You may use the Site only as permitted by law and/or as set forth in the Kentucky Peerless Distilling Co. policies governing such use. The licenses granted by Kentucky Peerless Distilling Co. shall automatically terminate if you do not comply with these Terms.
All software used on the Site is the property of Kentucky Peerless Distilling Co. or its suppliers and is protected by U.S. and international copyright laws. All rights not expressly granted to you in these Terms are reserved and retained by Kentucky Peerless Distilling Co. or our licensors, suppliers, publishers, rights-holders, or other content providers. Kentucky Peerless Distilling Co. names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through the Site are trademarks or trade dress of Kentucky Peerless Distilling Co.. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kentucky Peerless Distilling Co.. All other trademarks or marks not owned by Kentucky Peerless Distilling Co. that appear on the Sites are the property of their respective owners, who may or may not be affiliated with or connected to Kentucky Peerless Distilling Co..
Relationship Between the Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Peerless as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of Peerless and Peerless shall not be liable for any representation, act or omission by You to the contrary.
Linking to our Site
Unless otherwise authorized in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part. If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director as specified in section 20 of the present Terms and Conditions of Website Use.
Assignment
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests, or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Peerless’s successors, assigns, and licensees.
Governing Law and Jurisdiction; Limit on Commencing Actions
Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Commonwealth of Kentucky, U.S.A. in all disputes arising out of or relating to the use of this Site.
Limitation on Actions. You must commence any cause of action or claim against Peerless within one (1) year after the cause of action or claim arises, otherwise, You agree that Your cause of action or claim shall be barred.
International Access
This Website can be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.
Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website by e-mail to contact@KentuckyPeerless.com or by regular mail to 120 north 10th street, Louisville, Kentucky 40202.
Waiver; Severability; Integration
No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Peerless’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Peerless shall not obligate Peerless to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.
Reservation of Right
Peerless reserves to itself any and all rights not expressly granted herein.
Distillery Terms
Waiver
Kentucky Peerless Distilling Co. does not own or operate the entities that provide goods and services during the tour. This includes, but, is not limited to, lodging facilities, airline, or other transport companies. All such entities are independent organizations. Kentucky Peerless Distilling Co. is not liable for any negligent or willful act or failure to act of any such person or entity, or of any third party.
In addition and without limitation, Kentucky Peerless Distilling Co. is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services, whether resulting from, but not limited to, acts of God, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, third party (including Client) negligence, recklessness, or intentional misconduct, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time.
Air Conditioning/Heating
Kentucky Peerless Distilling Co. is not responsible for any damages or discomfort caused by inadequate heating and/or air-conditioning in our facilities.
Holidays and Changes
During local or national holidays and private events, Kentucky Peerless Distilling Co. may close or operate on limited schedules. On such occasions, Kentucky Peerless Distilling Co. may make itinerary adjustments. Kentucky Peerless Distilling Co. will inform the client well in advance of the departure date if any such adjustments need to be made. If, due to weather, flight schedule changes/cancellations or other uncontrollable factors, the Client is required to spend any additional night(s) en route to, or from, the Client’s gateway city, the Client will be responsible for his or her own hotel, transfers, meals, and other costs.
Smoking
Smoking or vaping is not permitted in our facility.
Special Assistance
Notify Kentucky Peerless Distilling Co. well in advance of the tour of any physical challenges or other special needs that may require accommodation or support arrangements on the tour. Kentucky Peerless Distilling Co. will use its best efforts to make accommodations for special needs, but if such accommodations cannot reasonably be made, Kentucky Peerless Distilling Co. will refund the Client’s deposit/payments according to the Cancellation Policy mentioned above.
Participants are understood to be in sufficient good health to undertake their designated experience. Kentucky Peerless Distilling Co. requests that all travelers notify us in writing as early as possible of any physical or health conditions or other special needs while traveling (e.g., wheelchair requirements, access to refrigerators to store medications, dietary requirements or allergies, requests for large seats, limited walking ability during touring, schedule requirements, etc.)well in advance of the tour. We will make reasonable efforts to accommodate the needs of our travelers. In cases where we cannot accommodate a traveler’s special needs, persons requiring this assistance must be accompanied by a companion who will be responsible for independently providing the needed assistance.