General Terms and Conditions of Use

Welcome to our website www.barkey-us.com (the “Site”). These General Terms and Conditions of Use govern the access to and use of the Site. This Site is operated by Barkey Corporation (“Barkey” or “we”). The words “user”, “you” and “your” in these General Terms and Conditions of Use refer to a user of the Site.

1. USERS

By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years of age.

By using the Site you represent that you have read, understood and agree to be bound by the Website Policies (as defined below). If you do not agree to the Website Policies, please do not access or use the Site. Barkey reserves the right to modify and/or discontinue the Site, at any time, for any reason and without notice, and to terminate a user’s account should that user be in violation of any of the Website Policies.

2. LICENSE

All content included on the Site, such as works, images, button icons, pictures, products, text, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of Barkey, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws. Except as expressly permitted in these General Terms and Conditions of Use, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Barkey, its affiliates, and/or its content suppliers, as the case may be, in each specific instance. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “Barkey,” or any other colorable equivalent without the prior express written consent of Barkey. Barkey, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Barkey, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Barkey, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Content.

Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Site will cause irreparable harm to Barkey and that in such event money damages will not constitute sufficient compensation to Barkey. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Site, you specifically consent to Barkey obtaining injunctive relief against you in addition to any other legal or financial remedies to which Barkey may be entitled.

3. INTELLECTUAL PROPERTY

BARKEY is a trademark of Barkey. All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of Barkey or its affiliates, subsidiaries or suppliers. Barkey and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of Barkey or the applicable Intellectual Property owners.

Barkey vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Barkey will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

4. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS

If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to info@barkey-us.com.

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.

5. INTELLECTUAL PROPERTY

Notwithstanding anything to the contrary contained in Section 4, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Barkey’s Copyright Agent designated below with the following information in writing:

• 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 the service provider to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Barkey’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, NY 10018, Phone: 2122168000; Email: DMCA@tarterkrinsky.com

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.

For any information or notification send notice:

By mail to: Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, NY 10018,
Attn: Barkey DMCA Agent; or

By e-email to: DMCA@tarterkrinsky.com
Subject: Attn: Barkey DMCA Agent
By phone to: 212.216.8000

6. LINKS TO THIRD-PARTY WEBSITES

The Site may contain hyperlinks to other websites operated by unaffiliated third parties and which are in no way connected to the Site and contain information created, published, maintained or otherwise posted by such unaffiliated third parties. Barkey does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third party websites. Barkey shall not be held liable, directly or indirectly, for the content of such websites or the policies adopted by them, including without limitation their privacy policies, and/or for any damages or injury resulting or arising from the content or access to such other websites. Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third-party websites you access from the Site, as these General Terms and Conditions of Use and the Privacy Policy do not apply to websites operated by third parties. The Site provides links to other websites exclusively for its users’ convenience, and Barkey does not recommend that its users access such third-party websites, and any such use of any third-party website is at the user’s sole risk.

7. DISCLAIMER OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BARKEY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BARKEY NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, BARKEY DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. BARKEY OR ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM BARKEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARKEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

BARKEY’S PERFORMANCE UNDER THESE GENERAL TERMS AND CONDITIONS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF BARKEY’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT BARKEY IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, BARKEY’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, BARKEY’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

CERTAIN STATES 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. AMENDMENTS AND UPDATES

Barkey may amend, remove or update all or any part of the Website Policies at any time in its sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes; provided, however, that Barkey will not be obligated to inform you of any changes as they occur.

Last updated: July 8, 2021

9. CONTACT US

All requests for information, complaints or inquiries regarding orders deliveries and purchases should be directed to:

Email: info@barkey-us.com

10. CONTACT US

For any other legal information concerning your access to, use of, and purchases made on the Site or the way the Site may use and collect your personal information, please read the Site’s General Terms and Conditions of Sale, Return Policy and Privacy Policy (together with these General Terms and Conditions of Use, collectively, the “Website Policies”), which are incorporated into these General Terms and Conditions of Use by this reference.

11. MISCELLANEOUS

The Website Policies and their interpretation shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the state and federal courts located in the Commonwealth of Massachusetts, County of Suffolk.

If any condition of any part of the Website Policies shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof. In the event that these General Terms and Conditions of Use have been provided in any other language, the English version shall be controlling for the Site. The Website Policies constitute the entire agreement between you and Barkey with respect to your use of the Site and the Content and supersede any and all prior understandings or agreements between you and Barkey, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, Barkey has relied on your acceptance of these General Terms and Conditions of Use.