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Terms & Conditions

Terms and Conditions

Railean Distillers, LLC. ("RAILEAN") has created and maintains www.railean.com in order to provide information about RAILEAN, including exhibition, collection, event and visitor information. By accessing and using our website, you acknowledge and accept the following Terms of Use. RAILEAN may revise these Terms of Use at any time and without notice, and therefore, it is your responsibility to be in compliance with our current Terms of Use. If you do not agree to these Terms of Use, do not use our website.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RAILEAN. The collective work includes works that are licensed to RAILEAN. Copyright 2012, RAILEAN ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RAILEAN or purchasing RAILEAN products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RAILEAN or to purchase RAILEAN products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RAILEAN. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RAILEAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RAILEAN does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RAILEAN does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Rights and Reproductions

You may request materials for educational presentations, professional research, print and electronic publications, and media projects. All requests for materials MUST be made in writing. Permission for such use is granted at the sole discretion of RAILEAN. Please contact us for information concerning permissions. Certain fees may apply.

Trademark

All trademarks, service marks and trade names of RAILEAN used herein are trademarks or registered trademarks of RAILEAN or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify RAILEAN trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without RAILEAN's prior written consent. The use of RAILEAN's trademarks on any other website or network computer environment is not allowed. You may not use the RAILEAN's trademarks as a hyperlink (whether an image or text trademark) on or to any other website unless establishment of such a hyperlink is approved in advance.

You shall not use RAILEAN's name or any language, pictures or symbols which could, in RAILEAN's sole judgment, imply RAILEAN's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without RAILEAN's prior written consent.

Inappropriate Material

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of our website is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from our website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Fees

For all charges for any products and services sold through our website, we will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse RAILEAN for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on our website; or (iii) bypass any measures we may use to prevent or restrict access to our website.

Force Majeure

Neither RAILEAN nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy

Your use of our website and materials is subject to our Privacy Policy. Please read our Privacy Policy.

Disclaimer

Your use of and browsing of our website are at your own risk. EVERYTHING ON OUR WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. RAILEAN MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON OUR WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. RAILEAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAILEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN OR ON OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT RAILEAN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Indemnification

You agree to defend, indemnify and hold RAILEAN and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of our website or the Internet or the placement or transmission of any message or information on our website by you or your authorized users.

Limitation of Liability

RAILEAN DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING OUR WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM OUR WEBSITE. IN NO EVENT SHALL RAILEAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OUR WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF RAILEAN OR A RAILEAN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RAILEAN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR FOR THE PURCHASE OF YOUR ITEM(S).

Links

RAILEAN's website may contain links to websites operated by parties other than RAILEAN. Such links are provided for your reference only. RAILEAN does not control such websites and is not responsible for their contents. RAILEAN's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Termination

You or we may suspend your use of our website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Suggestions

All suggestions received through our website become the sole property of RAILEAN. Should a suggestion be implemented, RAILEAN is under no obligation to provide compensation.

Waivers

This website is created and controlled by RAILEAN in the State of Texas. These Terms of Use are governed by the laws of the State of Texas, without regard to its conflict of laws principles. By using our website, you hereby consent to the exclusive jurisdiction and venue of courts in Galveston County, Texas in all disputes arising out of or relating to the use of our website.

General

These terms and conditions are the entire agreement between the user and RAILEAN and supersedes any prior understandings or agreements (written or oral). If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Contact Information

For questions regarding our Terms of Use, please contact us via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .

Privacy Policy

Internet Privacy Policy

Railean Distillers, LLC. ("RAILEAN") is committed to providing you with the highest level of service available. While using our website, you may be asked to submit personal information. This Privacy Policy statement explains our policies regarding this information.

Collection of Your Personal Information

We will ask you when and if we need information that personally identifies you or allows us to contact you. In order to take advantage of certain aspects of our website, you will be asked to provide personal, identifiable information. You are entering this information knowingly and voluntarily. This information may include your name, address, telephone number, email address, credit card information, and other personally identifiable information. Except as otherwise provided, your personal information will be used solely for internal purposes and will not be shared with any third parties.

We may collect information about your interaction with our website. For example, we may use website analytics tools to retrieve information from your browser, including the site you came from, the search engine(s) and the keywords you used to find the website, the pages you view within the website, and your browser's width and height. We also may use technologies, such as cookies and web beacons (each described below), to collect information about the pages you view, the links you click and other actions you take on our website. Additionally, we collect certain standard information that your browser sends to every web site you visit, such as your IP address, browser type and language, access times, and referring website addresses.

Credit Card Information

All credit card information is collected using Secure Socket Layer protection, which is accepted as an Internet standard. Your credit card number is held in our system only until the charge is processed by a secure, authorized credit card gateway provider and is then only available in limited format (last four digits) to members of our service team for problem resolution.

Transaction information, including the transaction number and the last four digits of the credit card, and additional personal information obtained are stored on our system and encrypted with Secure Socket Layer protection.

Use of Cookies

We use cookies on this website to ensure the integrity of the data that is sent to you and to provide other functionality for the website. A cookie is a small text file that is placed on your hard disk by an Internet server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and generally can only be read by an Internet server in the domain that issued the cookie to you.

You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your Internet browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to submit information or utilize certain features of our website that depend on cookies.

Use of Web Beacons

We may sometimes use web beacons to assist in delivering cookies and to allow us to monitor certain statistics, such as the number of users who have visited certain pages. We may also include web beacons in our newsletters and emails in order to determine whether messages have been opened and acted upon. In addition, we may also employ web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit web beacons on our website from being used by third parties to collect or access your personal information.

Data Security

This website is maintained on an Internet server that is password protected with access granted to authorized users only. Staff personnel and agents granted permission to view certain administrative functions of the site are able to access the administrative area of the site where personal information may be stored and accessible only through a password and username.

Disclosure of Information

We may disclose personal information to third parties if required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with legal process, (ii) protect and defend our or any of our affiliates' rights or property, or (iii) act in urgent circumstances to protect the personal safety of our personnel or members of the public.

Guarantees and Warranties

RAILEAN and its affiliates, agents, or other persons developing and producing this website are not liable for injury or damages caused by errors or omissions of information, delays in posting, interruptions in service, or loss of data supplied by the user. You agree that this website is provided "as-is," "with all faults," and "as available." We do not guarantee the accuracy or timeliness of information available from our website. You may have additional consumer rights under your local laws that this Privacy Policy cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.

In addition, we reserve the right to change, discontinue or modify any or all services provided through our website either temporarily or permanently without out notice to users.

Third Parties

We may hire other companies to provide limited services on our behalf, such as website hosting, packaging, mailing, customer relations, and other services. If we provide personal information to such companies, we only provide the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.

Children

We are committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is under the age of 13.

Changes to this Internet Website Policy

This Privacy Policy may change from time to time without notice and for any reason. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates.

Contact information

We welcome your comments regarding this Privacy Policy. If you have questions about this Privacy Policy or believe that we have not adhered to it, please contact us at the contact information specified on our website at www.railean.com. We will respond to you as quickly as possible.