Pernod Ricard USA website Terms of Use

Last Updated: August 06, 2025

Websites, mobile applications, and other platforms that link to these Terms of Use (each a “Website” and collectively, the “Websites”) are operated by or on behalf of Pernod Ricard USA, LLC and/or one of its affiliates (“Pernod Ricard”, “We”, or “Us”) in the United States. Pernod Ricard includes, without limitation, the family of brands listed at https://www.pernod-ricard.com/en/locations/usa. These Terms of Use are entered into by and between you, the user (“You”), and Pernod Ricard. These Terms of Use govern your access and use of, including any content, functionality and services offered on or through, our Websites.

Please read the Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use and acknowledge our Privacy Statement, found at https://www.pernod-ricard.com/en/locations/usa/privacy-statement. Our Privacy Statement describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights You may have with respect to such personal information. Please review our Privacy Statement carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Statement, and any applicable Cookie Policy, shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. You are prohibited from providing Pernod Ricard with any “consumer health data” or similar health data, as these terms may be defined under applicable law. If You do not agree to these Terms of Use or our policies and practices under the Privacy Statement, You must not access or use the Website.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN THE EVENT OF A DISPUTE. PLEASE READ THEM.

Age Restrictions: This Website is intended for your use only if You are of legal age to purchase alcohol in the United States. If You do not meet this requirement, You should leave the Website immediately. You agree not to show or forward the contents of this Website to persons under the legal age to purchase alcohol in the United States.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion without notice. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter, provided however, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. You are expected to check these Terms of Use each time You access this Website so that You are aware of any changes, as they are binding on You. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes.

Accessing the website and account security

We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for You to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
     

To access the Website or the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information You provide on the Website is correct, current and complete. You acknowledge that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement.

If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable your access to our Websites at any time in our sole discretion if, in our opinion, You have violated any provision of these Terms of Use.

Intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pernod Ricard and/or its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Website for your personal, non-commercial use only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on our Website without Pernod Ricard’s permission.

No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Pernod Ricard. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Pernod Ricard’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Pernod Ricard or its affiliates or licensors. You must not use such marks without the prior written permission of Pernod Ricard. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You warrant and agree that, while using the Website, You shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (a) are in breach of any part of these Terms of Use; (b) restrict or inhibit any other user from using and enjoying the Website; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (d) contain a virus, malware, or other harmful component, advertising of any kind; or (e) contain any false or misleading indications of origin or statements of fact.

You also warrant and agree that You shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Website. Except as otherwise expressly permitted herein, You may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is protected by copyright.

Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and (viii) otherwise attempt to interfere with the proper working of the Website.

You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Website for purposes of, or related to, training artificial intelligence technologies, including without limitation, training such technologies to generate text, images, audio, or other content in any style, form, or manner. For the avoidance of doubt, You do not have the right to, and You do not have the right to sublicense others to, reproduce and/or otherwise use any information, content, or materials on or otherwise derived from the Website in any manner for purposes of training artificial intelligence technologies.

Website monitoring; User contributions; Feedback

Please be aware that We and our service providers and partners may use cookies and other tracking technologies within the Website to monitor and log any and all activities and electronic communications to, from, and on, the Website. For the avoidance of doubt, by using the Website, You consent to such monitoring by Us and our service providers and partners.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.  All User Contributions must comply with these Terms of Use including the Content Standards set out below.

Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant Us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose without compensation to You.

You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Pernod Ricard, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website. Additionally, We shall have no liability for any loss or damage suffered by You as a result of use or disclosure of such User Contributions by Us to the extent permitted by law. If You send us feedback, creative ideas, suggestions, inventions, or materials (collectively “Feedback”), Pernod Ricard will (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Monitoring and enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Pernod Ricard;
  • Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
     

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PERNOD RICARD AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Because We cannot review all material before it is posted on the Website, to the extent permitted by law, We assume no liability for action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, in Pernod Ricard’s sole discretion;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Encourage or condone under-age drinking, drunk-driving, or excessive consumption of alcohol beverages;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
  • Contain themes or images appealing to children, such as Santa Claus;
  • Depict anyone who appears to be or is younger than 21 years of age; and,
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
     

Copyright and IP agent for the United States

If You believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • Identification of the copyrighted work that You claim has been infringed or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at the Website;
  • A description of where the alleged infringing material is located;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by You, made under the penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.
     

Copyright Agent

Intellectual Property Counsel
Pernod Ricard USA
250 Park Ave., 17th Floor
New York, NY 10177
212-372-5400
copyright.prusa@pernod-ricard.com

Reliance on information posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pernod Ricard, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pernod Ricard. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Telephone Communications

The following terms apply when you sign up for one or more text message programs from Pernod Ricard and/or its affiliates, or submit your telephone number or otherwise agree to receive calls or text messages from or on behalf of Pernod Ricard and/or its affiliates:

  • Consent: You acknowledge that, by opting-in to receive calls and text messages and by voluntarily providing your telephone number(s), you expressly agree and consent to receive ongoing recurring automated communications (such as SMS, MMS, or successor protocols or technologies) from, or on behalf of, Us that may be sent using automated technology, AI generative voice, and prerecorded and/or artificial voice. You understand that opting-in is optional and completely voluntary. Message and data rates may apply. Message frequency may vary.
  • Providing Telephone Numbers: You verify that the mobile number provided to Us is true and accurate and that you are the current subscriber or owner of any telephone number that you provide. You are responsible for completing the opt-out process or notifying us immediately if you change, transfer, or intend to stop using the mobile telephone number provided to Us.
  • Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply “STOP” to any mobile message from Us. We may use different shortcodes for different messaging purposes, so texting “STOP” to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text “STOP” to each shortcode to which you would like to unsubscribe.
  • Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
  • Participation Requirements: By participating, you acknowledge and agree that you are eighteen (18) years or older or are of the age of majority in your jurisdiction. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Please check your phone capabilities for specific text messaging instructions.
  • Termination of Text Messaging. We may suspend or terminate your receipt of text messages if We believe you are in breach of these terms and our Terms of Use. Your receipt of text messages from Us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of Our text messages, with or without notice.

Links from the website

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links to social media platforms or links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PERNOD RICARD NOR ANY PERSON ASSOCIATED WITH PERNOD RICARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PERNOD RICARD NOR ANYONE ASSOCIATED WITH PERNOD RICARD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PERNOD RICARD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on liability

IN NO EVENT WILL PERNOD RICARD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. In the event the foregoing limitation of liability is legally prohibited, then TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Pernod Ricard AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless Pernod Ricard, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Disputes

THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND PERNOD RICARD WILL BE RESOLVED, NAMELY, THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PERNOD RICARD TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.

In any dispute, claim, or controversy arising out of or related to your access or use of the Website, any products sold or distributed through the Website, all rights and obligations and all actions contemplated by these Terms of Use, or the relationship of the parties (collectively, “Disputes”), the laws of New York shall govern and apply, as if the Terms of Use were a contract wholly entered into and wholly performed within New York. ANY DISPUTE (OTHER THAN CLAIMS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF PERNOD RICARD OR OUR AFFILIATES, OR PARTNERS OR CLAIMS RELATED TO EMERGENCY EQUITABLE RELIEF IN AID OF ARBITRATION) SHALL BE FINALLY RESOLVED BY CONFIDENTIAL BINDING ARBITRATION, TO BE CONDUCTED BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or otherwise have a cause of action in equity, We may seek injunctive or other appropriate relief in any court of competent jurisdiction, and You consent to jurisdiction and venue in any such court for such purposes. In addition, notwithstanding the parties’ agreement to resolve all Disputes through arbitration, You and We each retain the right to bring an individual action in small claims court as to any claim falling within the jurisdiction of such small claims court.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association (“AAA”) Consumer-Related Disputes Supplementary Rules in effect when the arbitration is commenced, except as they may be modified herein.  If You reside in the United States, any in-person hearing or appearance in connection with the Arbitration shall be conducted in New York, NY or, at your option, at an AAA office located within the “metropolitan statistical area ” (as defined by the U.S. Census Bureau) where You reside at the time the Dispute is submitted to arbitration.

A party who wishes to initiate arbitration must send a written demand for arbitration (the “Demand”). The Demand must include (i) your name, telephone number, mailing address, and e-mail address of the party seeking arbitration, as well as the e-mail address associated with any applicable account; (ii) describe the nature and basis of the claim being asserted and the factual bases of those claims; (iii) set forth the specific relief sought and an accurate, good-faith calculation of the amount in controversy in United States dollars, if any, and (iv) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. You must personally sign the Demand that is mailed to Us.

If the party requesting arbitration is represented by counsel, the Demand should also include counsel’s name, telephone number, mailing address, and e-mail address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Subject to the Batch Arbitration process described below, You agree that any arbitration or proceeding shall be limited to the dispute between Us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) the parties waive and there is no right or authority for any dispute to be brought in a purported class or collective representative capacity on behalf of the general public or any other persons, or mass action basis; and (iv) only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, You and We agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Us by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 requests per batch (plus, to the extent there are less than 100 requests left over after the batching described above, a final batch consisting of the remaining requests); (ii) appoint one merits arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the AAA shall appoint a process arbitrator to resolve such disputes (“Process Arbitrator”). In an effort to expedite resolution of any such dispute by the Process Arbitrator, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The AAA rules shall apply in determining the allocation of the Process Arbitrator’s fees.

You and Pernod Ricard agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against Us or You prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing to Us at the following address: Attn: Legal Department, Pernod Ricard USA, 250 Park Avenue, Floor 17, New York, New York, 10177. If You opt out of an update, the last set of agreed upon arbitration terms will remain in force.

These Terms of Use evidence a transaction involving interstate commerce, and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et. seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing law and jurisdiction

All matters relating to the Website, these Terms of Use, the Privacy Statement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, to the extent not subject to the arbitration provisions above, shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Waiver and severability

No waiver by Pernod Ricard of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pernod Ricard to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

Entire agreement

These Terms of Use constitutes the sole and entire agreement between You and Us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.