TERMS OF USE

When visiting and using this website, you agree to the terms and conditions that follow, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to or cannot abide by these terms and conditions, immediately cease using this website. BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Permitted Users

This website is intended to be used and accessed only by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this website, please continue. If you are not, please exit this website immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this website. We expressly disclaim responsibility for compliance with laws and regulations outside the United States which may govern your use of this website.

Terminology

Throughout the website, the terms “All To Xcellence Vodka,” “ATX Vodka,” “we,” “us,” and “our” refer, as appropriate in the context, to Roberson Distillery, LLC.

Links

This website may include links to other websites, some of them operated by third-parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all of the information on other websites and are not responsible for the content of any other websites or any products or services that may be offered through them. Third-party websites may contain information with which ATX Vodka does or does not agree. Inclusion of links to other websites or references to unaffiliated products does not constitute an endorsement of the content or products of those linked websites or an association with those linked websites. Different terms and conditions may apply to your use of any linked websites. You should review the privacy policy, terms or use, and any other relevant policies of all linked websites.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Purpose of this Site

This website is operated for the purpose of providing general information about ATX Vodka. ATX Vodka products are sold only in compliance with the laws of the particular jurisdictions in which they are sold, or intended to be delivered to.

Accuracy Completeness and Timeliness of Information on this Site

We are not responsible for inaccurate, incomplete, or out-of-date information on this website. The material on this website is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, more complete, or timelier sources of information. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through the website meet your specific requirements. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to the website.

You understand that when using the website, you might be exposed to user generated content, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user generated content. You further understand and acknowledge that you may be exposed to user generated content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ATX Vodka with respect thereto, and agree to indemnify and hold ATX Vodka harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

Use of this Website and its Materials

This website (including all its contents) is the property of ATX Vodka or its licensors and is protected by copyright, trademark, trade secret, and other laws of the United States and other countries. We authorize you to browse through the website and print and download copies of material on the website for your personal, noncommercial use only, so long as you do not remove any copyright, trademark, or other notices that appear on the material you print or download and you do not modify, copy, or post any of the material on any network or broadcast in any medium. You agree that you will not otherwise copy, display, or transmit any material on the website in any manner or medium. You also agree not to modify, sell, broadcast, distribute, or create derivative works of any material on the website in any manner or medium, including by uploading the material or otherwise making the material available online. All restrictions, rights granted by you, and all disclaimers and limitations of liability by us shall survive termination.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individual(s) who control or author them.

User Generated Content

This section applies to your submission of ratings, reviews, comments, photos, videos, questions and answers, and other user-generated content associated with an assessment of our products or services (“Review”). In order to submit a Review, we may ask you to create an account with us, or otherwise ask to submit information, such as a headline, your comment, your name, email address, or other information about you and your personal experience. You may submit a Review if you have had a personal experience with our product or service. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or others as to the origin of any Review. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. Your Review should be objective, honest and unbiased; it should be about who you are and what you have experienced, whether positive or negative, and you should state your opinion truthfully and accurately. If you have any affiliation with us, please be transparent about it in your submission. Your Review should only concern your experience with a product or service you purchased, and not include irrelevant comparisons or references to websites, hyperlinks, URLs, etc. that are not associated with the website. This form is only a forum to evaluate your experience about a product or service you have purchased; if you have a request about your order, please contact us here.

Please do not submit a Review if you have yet to make a purchase or have no experience with the specific product or service with us. You may not upload to, distribute, or otherwise publish through this website, any content that:

  • could damage the reputation of ATX Vodka or any third party;
  • promotes or advertises any third party or contains any logos, phrases or trademarks, or other third party materials;
  • discriminates against anyone connected to race, national origin, gender, sexual orientation, or physical handicap;
  • is false, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, infringing on proprietary or intellectual property rights, abusive, illegal, or otherwise objectionable;
  • may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability, or violate any law;
  • encourages, condones, or glamorizes underage drinking, drunk driving, or excessive consumption of alcoholic beverages;
  • attempts to corrupt the material, images, or files of this website; or
  • may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do submit material, and unless we expressly indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name you submit in connection with such content, if we so choose. All personal information provided via this website will be handled in accordance with the website’s Privacy Policy. Notwithstanding the foregoing, any information or material you submit to this website, and which has not been specifically requested by us, will be deemed not to be confidential, secret, or proprietary. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize ATX Vodka to use the content you post; that any “moral rights” in your content have been waived; that you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the content in the manner contemplated by the website and these terms; that the content is true and accurate; that use of the content you supply does not violate these terms and will not cause injury to any person or entity; and that you will indemnify and defend ATX Vodka for all claims that directly or indirectly arise from content you supply.

We do not endorse any content or any opinion, recommendation, or advice you express herein, and we expressly disclaim any and all liability in connection with any content you submit. We reserve the right to deny the publishing of any user generated content, to remove or reinstate user content, and to terminate your ability to upload user content, in our sole discretion at any time without prior notice to you.

Trademarks

This website features logos and other trademarks and service marks that are the property of, or are licensed to, ATX Vodka. The website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Online Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify us at the following address:

ATX Vodka
ATTN: Legal
4701 Priem Lane, Suite 3B
Pflugerville, TX 78660

You may also contact us here. In compliance with the federal law of the United States, please include the following in your letter or email: (i) identification of infringing and infringed materials; (ii) your contact information (name, physical address, and phone number); (iii) statement of your good faith belief in the existence of the infringement; (iv) a statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature. If we become aware that one of our users is a repeat copyright infringer, we will take reasonable steps, within our power, to terminate that user.

We may give notice to our users by means of a general notice on our website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the following information: (i) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (ii) your contact information (name, physical address, and phone number); (iii) a statement of your good faith belief that the material was removed by mistake or misidentification; (iv) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); (v) your consent to accept service of process from the party who submitted the takedown notice; and (vi) your physical or electronic signature.

For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.

Order confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason.

Shipping

If applicable, all orders placed on this website are subject to product availability. We are prohibited from shipping to certain states and certain countries outside the United States.

You are responsible for all shipping charges unless we expressly agree otherwise. Shipping charges will be calculated during the online ordering process. Shipping and handling charges are nonrefundable unless we sent the wrong item.

Errors on our website

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to modify any stated solicitation(s) for offers and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY ITEM OR SERVICE YOU PURCHASE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ATX VODKA 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 WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL OR PURCHASE ANYTHING FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR PURCHASE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of liability

IN NO EVENT WILL ATX VODKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL) OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, 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, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD ATX VODKA AND ITS OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO, OR ARISING OUT OF YOUR USE OF THE WEBSITE IN VIOLATION OF THESE TERMS AND/OR ARISING FROM A BREACH OF THESE TERMS AND/OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE RESERVE THE RIGHT TO EXCLUSIVELY DEFEND AND CONTROL ANY CLAIMS ARISING FROM THE ABOVE AND ANY SUCH INDEMNIFICATION MATTERS AND THAT YOU WILL FULLY COOPERATE WITH US IN ANY SUCH DEFENSES.

Jurisdiction

ATX Vodka is headquartered in Pflugerville, Texas, in the United States of America, and this website is operated in the United States. The laws of the State of Texas govern these Terms of Use and your use of the website. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Dispute resolution

All disputes arising out of your use of the website or the parties’ relationship hereunder shall be resolved by final and binding arbitration in Austin, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration as provided herein shall be the exclusive remedy for all claims and disputes. Judgment upon any award rendered by the arbitrator(s) may be entered in any State or Federal court having jurisdiction thereof. The expenses of the arbitration shall be borne equally by the parties. Any claim shall be arbitrated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings, or otherwise. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin your infringement or other misuse of intellectual property rights.

Waiver

Our failure to exercise or enforce any right or provision of this agreement, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right thereafter to enforce that right or provision. If any provision of these terms is found by a court of competent jurisdiction to be unenforceable or 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 these terms shall remain in full force and effect.

Changes to these terms

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