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Terms and Conditions

Last Updated:  October 29, 2019

 

This is the Terms and Conditions Agreement ("Terms and Conditions" or "Agreement") of Cincinnati Special Reserve. These Terms and Conditions and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any content or information therein, the https://www.cincinnatispecialreserve.com site, and any other website pages on which services are provided by us (collectively, the "Site").

By using the Site you ("you" or the "User") signify your agreement to these Terms and Conditions and our Privacy Policy, including all changes and revisions to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions and our Privacy Policy please do not use the Site. Please read this Agreement carefully and check this Agreement periodically for changes as Cincinnati Special Reserve reserves the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of the Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. Cincinnati Special Reserve reserves the right to refuse, restrict, suspend, or terminate any User's use of this Site at any time without notice and may do so for such User's failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site.

A. TERMS AND CONDITIONS



1. User Conduct

All interactions on this Site must comply with these Terms and Conditions and the Privacy Policy. Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. Your permission to use Cincinnati Special Reserve is conditioned upon your agreement that you are 18 years of age or older (or a different age as specifically stated on a specific Experience). You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site or material obtained through the Site, except as permitted by law and as expressly permitted in writing by this Agreement, Cincinnati Special Reserve, or the Site. Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cincinnati Special Reserve's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Cincinnati Special Reserve's exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited. User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Cincinnati Special Reserve.

2. Disclaimer of Warranty

CINCINNATI SPECIAL RESERVE AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

CINCINNATI SPECIAL RESERVE AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

CINCINNATI SPECIAL RESERVE AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

3. Limitation on Liability

As the holder and issuer of the Experience, Merchant is solely responsible for the value and redemption of Experience and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Customer and the compliance with all laws, including, without limitation, unclaimed property and escheatment laws relating to the Experiences.

UNDER NO CIRCUMSTANCES SHALL Cincinnati Special Reserve OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Cincinnati Special Reserve OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

4. Copyright and Trademarks

Everything located on or in this Site is the exclusive property of Cincinnati Special Reserve or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CINCINNATI SPECIAL RESERVE IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Cincinnati Special Reserve protected by copyright as a collective work under the United States copyright laws. Cincinnati Special Reserve owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download, print, or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Cincinnati Special Reserve and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Cincinnati Special Reserve shall not be deemed to be in the public domain but rather the exclusive property of Cincinnati Special Reserve, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Cincinnati Special Reserve, unless otherwise stated.

User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Cincinnati Special Reserve does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted Cincinnati Special Reserve the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Cincinnati Special Reserve the right to edit, copy, publish and distribute any material made available on this Site by User.

5. Privacy

User acknowledges that all discussion on the Site for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Cincinnati Special Reserve does not control or endorse the content, messages or information found in any Community, and, therefore, Cincinnati Special Reserve specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content. Generally, any communication which User posts to Cincinnati Special Reserve (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. Other information, such as credit card information provided in connection with the purchase of an offer, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of an offer, other than your credit card information, may be disclosed by us to the Cincinnati Special Reserve Merchant for their commercial purposes including to provision the Experience. Any communications between you and Cincinnati Special Reserve, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used. If particular web pages permit the submission of communications that will be treated by Cincinnati Special Reserve as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants Cincinnati Special Reserve the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Cincinnati Special Reserve's Privacy Policy.

6. License Grant

By posting communications on or through this Site, User shall be deemed to have granted to Cincinnati Special Reserve a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

7. Monitoring

Cincinnati Special Reserve shall have the right, but not the obligation, to monitor the content of the Site at all times, including any questions, reviews, chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, Cincinnati Special Reserve shall have the right to remove any material from the Site that Cincinnati Special Reserve, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cincinnati Special Reserve, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. Cincinnati Special Reserve reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

9. Termination

Cincinnati Special Reserve may terminate this Agreement at any time with or without cause. Without limiting the foregoing, Cincinnati Special Reserve shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct by User which Cincinnati Special Reserve, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

10. Third Party Content

Cincinnati Special Reserve, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Cincinnati Special Reserve. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Cincinnati Special Reserve. Cincinnati Special Reserve neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Cincinnati Special Reserve by anyone other than authorized Cincinnati Special Reserve employee spokespersons while acting in official capacities. Under no circumstances will Cincinnati Special Reserve be liable for any loss or damage caused by User's reliance on information obtained through Cincinnati Special Reserve or the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Cincinnati Special Reserve or the Site.

Cincinnati Special Reserve contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Cincinnati Special Reserve of the contents on such third-party sites and Cincinnati Special Reserve hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at User's own risk. Unless you have executed a written agreement with Cincinnati Special Reserve expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Cincinnati Special Reserve reserves the right to revoke its consent to any link at any time in its sole discretion.

11. Miscellaneous

This Agreement and any operating rules for Cincinnati Special Reserve established by Cincinnati Special Reserve constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of Ohio (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Ohio under the rules of arbitration of the American Arbitration Association.

B. TERMS OF SALE

By placing an order, you make an offer to us to purchase the Experiences you have selected on the terms and conditions stated below.

You are required to create an account in order to purchase any Product or Experience on the Site. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product. Access to the Cincinnati Special Reserve Site and its Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Cincinnati Special Reserve may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Cincinnati Special Reserve relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we've issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization. For more information, please view our Privacy Policy.

For purposes of this Agreement, Restaurant shall mean a vendor or merchant who offers food and beverage for sale in its regular business operations, and makes such food and beverages available to purchasers of Cincinnati Special Reserve Experiences.

For purposes of this Agreement, Merchant shall mean any vendor or merchant, other than a Restaurant, who makes their Products or Services available to purchasers of Cincinnati Special Reserve Experiences.

1. Terms and Conditions for All Cincinnati Special Reserve Experiences

All certificates printed from the Site or any website associated with Cincinnati Special Reserve (hereinafter “Experiences”) are Experiences that are offered to Users below their face value and shall be subject to these Terms and Conditions and any applicable terms and conditions of the participating Restaurant or Merchant.

The holder and issuer of a Restaurant Experience is the Restaurant. The holder and issuer of a Merchant Experience is the Merchant. As the holder and issuer of the Experience, the Restaurant or the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Experiences. Restaurant Experiences and Merchant Experiences are redeemable in their entirety only and may not be redeemed incrementally.

In addition, the following terms and conditions apply to all Experiences sold by Cincinnati Special Reserve:

  • Neither Cincinnati Special Reserve nor the participating Restaurant or Merchant is responsible for lost or stolen Experience certificates or Experience reference numbers.
  • Reproduction, sale or trade of Experience certificates is prohibited unless done so in compliance with the law.
  • Any attempted redemption of Experience certificates that is not consistent with these Terms and Conditions will render the Experience certificate void.
  • No cash back will be issued for partial redemption of the paid portion of an Experience certificate, except as required by law,
  • No cash back or credit will be issued for partial redemption of the value portion of an Experience,
  • Use of an Experience certificate for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Experience,
  • Experiences are void to the extent prohibited by law.
  • Experience certificates expire on the date specified on the Experience certificate, except where otherwise prohibited by law.
  • Requests for returns and refunds are handled quickly and efficiently on a case-by-case basis and via the Expiration & Return policy below. If you feel you need to return your Experience or request a refund, please contact customer service at: info@CincinnatiSpecialReserve.com.

 

The Experiences

Each Experience combines two separate portions: (i) a paid portion equal to the amount your credit card is charged (the "paid portion"); and (ii) at no additional charge to you, the full value for the balance of the value you would receive if used by the expiration date on the Experience certificate (the "value portion") (together, the paid and value portions of the Experience are presented in each “Experience” certificate). In the event you redeem your Experience certificate for less than the full value stated on the Experience, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the value portion that is remaining.

Offer Specific Terms

Each offer has specific terms associated with it, which will be presented to you at the time you commit to purchase the particular offer. We may contact you in the case of a term change or error, at that time you may continue with the purchase or choose to cancel your purchase for a refund in the original form of payment, you must specify by contacting info@CincinnatiSpecialReserve.com. Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

Expiration Dates & Refunds – Non-Event Merchant Experiences

The expiration date for an Experience is as printed on the Experience certificate. Any unredeemed Experience may be returned to Cincinnati Special Reserve within thirty (30) days of the date of purchase for a refund of the paid portion ONLY—in the original form of payment. Thereafter, an Experience certificate may be returned to Cincinnati Special Reserve (NOT the Merchant) for CincinnatiSpecialReserve.com online credit ONLY (no cash refunds will be provided) for a period of two (2) years from the date of original purchase for the paid portion ONLY. For clarity – any value that exceeds the paid portion expires on the expiration date stated on the Experience, and that portion is not refundable. The purchase price paid expires two (2) years from the date of purchase and we will NOT issue any refunds or credits once the two (2) years has lapsed. For mailed Experience certificates ONLY: In the event you want to return a mailed Experience certificate, you must return the original Experience certificate (no photocopies will be accepted) in person or by mail to: Cincinnati Special Reserve, 2060 Reading Road, Cincinnati, OH 45202. For lost or damaged Experience online certificates, simply print again from your account. For lost mailed certificates, no refunds will be given. For damaged mailed certificates, return in person or by mail to: Cincinnati Special Reserve, 2060 Reading Road, Cincinnati, OH 45202 and Cincinnati Special Reserve will reissue. If you have questions or concerns, contact us at info@cincinnatispecialreserve.com.

Refunds – Event Merchant Experiences

Cancelled Event. If an event is cancelled and not rescheduled, we will automatically refund the amount paid, in the original form of payment, to the purchaser.

If you miss an Event. If you did not redeem your Experience prior to the event occurring (the expiration date of the event), you will not receive a refund of any kind.

Rescheduled Event. If an event is rescheduled, we will refund the underlying purchase price paid, in the original form of payment, upon request by the purchaser.

Replacement of Performers. Opening acts, individual performers and particular bands participating in a music festival are subject to change or cancellation at any time without notice.

Refunds – Seasonal Experiences

If you did not redeem your Experience prior to the expiration date, you will not receive a refund of any kind. If it is a seasonal Experience, it will be marked as such in the fine print of the deal description.

Terms and Conditions for Restaurant Experiences

In addition to the terms and conditions stated above, the following terms and conditions apply to Restaurant Experiences sold by Cincinnati Special Reserve:

  • It is at the discretion of the Restaurant to determine whether Restaurant Experiences can be combined with any other Restaurant certificates, third party certificates, coupons, or promotions.
  • The redemption frequency for Restaurant Experiences is determined by the applicable Restaurant, and shall be contained in the Experience offer on Cincinnati Special Reserve.
  • The use of Restaurant Experience certificates for alcoholic beverages is determined by the applicable Restaurant, in its sole discretion. The Restaurant agrees to comply with all state laws pertaining to the same.
  • Restaurant Experience certificates cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Restaurant Experience certificates are valid for dine-in only unless otherwise stated.
  • The issuing of Restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.

 

Terms and Conditions for Merchant Experiences

In addition to the terms and conditions stated above (other than those relating to Restaurant Experiences), the following terms and conditions apply to Merchant Experiences sold by Cincinnati Special Reserve:

  • Merchant Experiences may be applied only to merchandise or experiences offered or sold by the Merchant, and may not be applied to shipping or handling charges.
  • Limit one (1) Merchant Experience per redemption. Only one (1) Merchant Experience can be used per visit or order unless otherwise specified by the Merchant.
  • The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
  • Merchant Certificates cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant.
 
 
 

 
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