YOUR PRIVACY RIGHTS
FINLEY DISTRIBUTING, LLC PRIVACY POLICY
Access to www.finleybeer.com is restricted to people of legal drinking age (21 years of age), as is access to all advertising and marketing information on the site.
Your privacy is important to us, and we are providing this Privacy Policy to explain our policies regarding personal information that may be provided by our customers. The “Personally Identifiable Information” in this policy refers to information or a combination of information that you provide to us through the use of www.finleybeer.com (“Website”) that can be used to uniquely identify you.
The Website is intended only for persons of legal drinking age. Date of birth verification is required at the entrance of the website.
Finley Distributing, LLC (“Finley”) may collect, use and disclose Personally Identifiable Information about you to its affiliates and others; however, Finley will not sell any Personally Identifiable Information about you to outside parties without permission.
The effective date of this Privacy Policy is November 6, 2007. Finley reserves the right to modify or amend this Privacy Policy at any time. If Finley modifies or amends this Privacy Policy, material changes will be conspicuously posted on this Website. Changes will be effective immediately upon their posting to this Website. By accessing or using this Website after such changes are posted, you agree and consent to all such changes. Our Privacy Policy is described in more detail below:
Collection and Use of Information
Finley may collect any content, record, or electronic communication of any kind, including Personally Identifiable Information, subject to applicable laws. This includes both information that you voluntarily share with us, as well as other information collected, for example through Internet Protocol (“IP”) addresses and the use of “cookies,” which may be placed on your computer when you access the Website. (See the “Cookies” Section Below). If you do not want information collected from the Website, please do not submit any information to us or agree to the collection of your information.
Finley may collect Personally Identifiable Information about you (for example, requesting a combination of your name, date of birth, telephone number, e-mail address, mailing address, or related information) in order to verify that you are of legal drinking age, provide you with goods or services to communicate with you, send you information and materials for participation in contests, events and activities, and for marketing and other purposes. Finley may also disclose and share Personally Identifiable Information about you with affiliated entities and others, for marketing and other purposes.
However, Finley will not sell any Personally Identifiable Information about you to any outside parties. Finley may sell information that is not Personally Identifiable Information, such as aggregate statistics regarding the number of visitors to our Website and other information that does not uniquely identify you. Finley and its affiliates may also send you e-mail and other promotions and other information that may be of interest to you from Finley or its affiliates or other third parties. If you wish to not receive such e-mail promotions in the future, you will be given the opportunity to opt-out.
Finley maintains full rights to any information collected on this Website, and may freely collect, use and disclose such information, unless otherwise prohibited by this Privacy Policy or applicable law. In the event of a change in control of Finley or sale by Finley of substantially all of its assets, any Personally Identifiable Information or other information owned by Finley may be transferred to such Finley successor who will comply with the terms of this Privacy Policy.
Cookies
Finley may use cookies to track the use of our Website, and to facilitate and enhance your experience on our Website. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies enable us to facilitate access to different aspects of our Website. For example, by showing when and how you and other users visit our Website, cookies help us to see which pages of the Website are popular and which are not. This helps us improve our Website, because we can eliminate pages that are unpopular, and update and improve those pages that are visited frequently. It can also help us to improve your enjoyment of the Website, for example, by remembering your address or ordering information when you request information or services on the Website.
Requests for Access to Your Information, or Corrections to Errors or Changes in This Information
If you wish to have access to Personally Identifiable Information about you in our records, please contact us with your request. You may also request that we update Personally Identifiable Information about you, or request correction of any factual errors that you believe may exist regarding this information.
Security
To prevent unauthorized access, and maintain data accuracy and the correct use of information, we have put in place appropriate procedures to safeguard and secure the information we collect online. While we cannot guarantee that loss, misuse or alteration to data will not occur, we try to prevent such unfortunate occurrences through the use of industry standard security measures. In the event that a breach into our security systems occurs and your personal information is or there is a possibility that an unauthorized person acquires that information, Finley will notify you of such a breach within the timeline applicable by law.
Privacy Practices of Third Party Websites
This Website may contain advertisements and links to other websites, and information regarding third parties or third party websites. Finley is not responsible for the privacy policies or practices of any third parties or third-party websites, including websites of any sponsors or linked websites, or for the privacy policies or practices of any other third parties. To the extent that you disclose Personally Identifiable Information to any sponsors’ websites, linked websites or other third parties, different rules may apply to their use or disclosure of any Personally Identifiable Information you disclose to them, and we encourage you to review their privacy policies before disclosing Personally Identifiable Information to them.
Agreement to Terms
By your use of this Website, you hereby agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. Finley reserves the right to change this Privacy Policy at any time.
By your use of this Website, you also hereby agree to the Terms of Use of the Website, which are incorporated into this Privacy Policy by reference. Please carefully review the Terms of Use at the following link.
Contacting Us
If you have any questions or concerns regarding this Privacy Policy, or any requests for access to or changes to information about you, please contact us as follows:
By Mail:
Finley Distributing, LLC
2104 S. Euclid Ave
Tucson, AZ 85713
By Telephone:
(520) 623-8800
WEBSITE TERMS OF USE
General
Your access to and use of this site is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the website, so that you fully understand your rights and responsibilities. You acknowledge and agree that you are of legal drinking age (21 years of age).If you are an under-aged person, you are not allowed to access or use the www.finleybeer.com website (“Website”).You further acknowledge and agree that you must be of legal drinking age to purchase or consume any products or merchandise offered via this Website or to participate in any of our promotions or other offers on this Website or otherwise. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE.
Finley Distributing, LLC (“Finley”) reserves the right to change these Terms of Use at any time. If we decide to change the Terms of Use, we will post any changes on this website. Any such changes shall be effective upon posting on the website. By accessing the website following the posting of changes to the Terms of Use, you agree to all such changes.
These Terms of Use are agreed to by and between you and Finley. In consideration of your use of and access to this website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and Finley hereby agree to all of the terms of these Terms of Use.
FINLEY INTELLECTUAL PROPERTY RIGHTS
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this website is copyrighted by Finley, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Finley or its affiliates appear throughout this website, including Finley Distributing, our logos, and various other names and marks. This website may also contain references to third-party marks, and copies of third party copyrighted materials, which are the property of the respective owners. If you have any questions regarding a specific mark or any other Finley or third party intellectual property posted on this website, please contact Finley as described below. Any unauthorized use of any such marks, trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
USE OF THIS WEBSITE
You understand and expressly agree that use of this website is at your own risk, that any material or data downloaded or otherwise obtained through the use of the website or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. Finley shall not be liable to users for any damage resulting from use of this website, nor is Finley in any way responsible for the conduct of users, or information posted or exchanged on the website.
Although Finley endeavors to provide accurate information, this website is intended to be for general reference purposes only. Finley makes no guarantees with respect to any information provided on the website, and disclaims any warranties with respect to the accuracy of information or other material on the website.
You shall not, and shall not allow any third party to translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this website (collectively the “Software”), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software or distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.
NO WARRANTY
This website is provided by Finley on an “AS IS” basis. Finley disclaims all warranties with respect to this website, and to any information, products or services available on this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Finley also makes no warranty or representation regarding the results that may be obtained from this website, or regarding the accuracy or reliability of any information obtained from the website, or that its services will meet any user’s requirements, be uninterrupted, timely, secure or error free. Finley shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications.
No advice or information, whether oral or written, obtained by you from Finley or any of its affiliates, or in any other manner through this website, shall create any warranty.
NO LIABILITY
In no event shall Finley or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this website or any linked website, to any information or products, services or anything else obtained through this website, or otherwise arising out of the use of this website, or to the inability to use the website, whether based in tort, contract, negligence, strict liability or otherwise, even if Finley has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this website.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Finley, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from your use of this website or the violation of these Terms of Use, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or Finley.
PRIVACY POLICY
Please click on the following link and carefully review the Privacy Policy for this website: By your access or use of this website, you hereby agree to the terms of the Privacy Policy, which are incorporated into these Terms of Use by reference.
OTHER SITES
This website may contain information or links regarding other entities or other websites. Any third parties and third party sites are not under Finley control. Finley does not endorse any third parties or third party sites, and Finley disclaims any responsibility or liability for the contents, accuracy, content and policies of all third parties and third party sites.
AGREEMENT TO TERMS OF USE
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained in the Terms of Use and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Finley. These Terms of Use will inure to the benefit of Finley’s successors, assigns and licensees.
INTERPRETATION AND DISPUTES
These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other website viewer or user with respect to this website must be commenced within one year after the claim or cause of action arises.
ELECTRONIC COMMUNICATIONS
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, these Terms of Use and any other documentation, agreements, notices or communications between you and Finley may be provided to you to the e-mail address you provide to Finley. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.
CONTACTING US
If you have any other questions or concerns regarding these Terms of Use, please contact us as follows:
Finley Distributing, LLC
2104 S. Euclid Ave
Tucson, AZ 85713
Telephone: (520) 623-8800
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