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Terms of Service


HOGSHEAD, LLC

IMPORTANT, READ CAREFULLY

EFFECTIVE: August 23, 2024

This website is operated by Hogshead, LLC, a Delaware limited liability company (“Hogshead,” “we,” “our,” or “us”). These terms of service (“Terms of Service”) set forth the terms and conditions under which You are authorized to use the Hogshead online Marketplace Platform and any other website or application related, linked, or connected to Hogshead (collectively, the “Platform” or “Website”).

The words “You,” “Your,” and “User” all refer to the person who registers with the Platform and by clicking the “I AGREE” button or otherwise using our Platform, You agree to these Terms of Service. If You do not agree to these Terms of Service, You are not authorized to use, and must immediately cease all usage of, our Platform. You acknowledge and agree the Platform is a private site owned and operated by Hogshead. If you are accessing or using our Platform on behalf of a business, you represent and warrant to Hogshead that you have authority to accept these Terms of Service on behalf of that business and that that business agrees to the Terms of Service. If you do not agree to the Terms of Service, you are not authorized to use our Platform. 

To the extent rules or guidelines affecting Your use of the Platform are found on other pages of our Platform, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Service, and you agree to them as well. 

1. Description of the Platform

Hogshead does not sell any product or service. Hogshead is a marketplace that offers a digital network that connects licensed buyers and sellers of bulk spirits. Our Platform provides information about products and services provided by sellers, and allows users to purchase and sell those products and services. Hogshead also provides information and different ways to interact through newsletters, social media, and other outlets. Our Platform may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Platform in the future, their use is subject to these Terms of Service. 

You acknowledge and agree that, by providing the Platform, You and Hogshead have not created or entered into any sort of joint venture, partnership, or agency relationship, that Hogshead is not taking ownership or possession of any distilled spirits, that Hogshead is not buying or selling any distilled spirits, and that Hogshead is not otherwise brokering, transporting, distributing, wholesaling, dealing in, trafficking in, or engaging in the business of purchasing or selling any distilled spirits. 

2. License

If you agree to the Terms of Service and (1) are of sufficient age and capacity to use the Platform and be bound by the Terms of Service, or (2) use the Platform on behalf of a business, thereby binding that business to the Terms of Service, we grant you a limited, revocable, non-exclusive, non-assignable license to use the Platform in compliance with the Terms of Service. Unlicensed use is unauthorized. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post on the Platform.


3. Minimum Age Requirement and other Representations

Our Platform is intended solely for users who are 21 years of age or older who are authorized by law to buy, sell, and own distilled spirits. Accordingly, each time that you access the Platform, You make and renew the following representations and warranties:

  • You are at least 21 years of age.
  • You are permitted, authorized, and licensed under all applicable state, federal, and local laws to use the Platform and to initiate and perform all transactions undertaken in connection with the Platform, including, without limitation, purchasing, selling, owning, and storing distilled spirits.
  • You are not a person barred from visiting the Platform and accessing the Content under the laws of the United States or other country.

Any registration, use, or access to the Platform by anyone not making these representations and warranties is strictly prohibited and in violation of these terms.


4. Your Agreement and Use of the Platform

In connection with using or accessing our Platform, you agree to comply with these Terms of Service, our policies, and all applicable laws, rules, and regulations, and further agree that you will not:

  • use the Platform at any time that you are located outside of the United States or for the benefit of any person or entity located outside of the United States.
  • use or provide software or services that interact or interoperate with our Platform, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. 
  • copy/collect our Platform content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). 
  • post content that is prohibited by any of our policies or rules. 
  • rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available our Platform to any other person.
  • display, “frame,” or copy and Content; adapt, make derivative works, decompile, reverse engineer, translate, localize, port or modify the Platform, any website code, or any software used to provide the Platform; or distribute, license, or sell Content, excluding postings you create within the Platform itself. 
  • combine or integrate the Platform with any software, technology, services, or materials not authorized by us.
  • circumvent any functionality that controls access to or otherwise protects the Platform.
  • remove or alter any copyright, trademark or other proprietary rights notices. 
  • use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.


5. Merchandise and Purchases

Through the store section of the Platform (“e-Store”), sellers offer a variety of products and services for sale. We cannot guarantee the availability of a particular product or service at any particular time. We reserve our right to change the merchandise offerings on the Platform, without notice, at any time. We also reserve the right to change Content, features and offerings, and adjust accessibility of the Platform from time to time in our sole and absolute discretion. When you visit the Platform or e-Store or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform or e-Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. We reserve the right to suspend or cancel any transaction at any time for any reason and issue any funds back to respective parties. The products listed on the site are restricted to barrel-aged spirits stored in bonded facilities (DSPs) (“Approved Products”). Any seller that is discovered to be listing products that are not Approved Products on the site will be banned and legal action may be taken at our discretion. We will only with work sellers on the site that are organized businesses. As such, we will require an EIN number as part of our evaluation process to approve sellers.  Each seller must have a storage contract at a federally regulated bonded facility in the United States. We reserve the right to conduct audits on such storage facilities and any products listed on our site. Only barrel aged spirits stored in federally regulated bonded facilities in the United States will be allowed to be bought or sold on Hogshead as of the date of these Terms of Service. We use Borderless, LLC (“Borderless”) to manage the transaction purchase process. Any information you provide in connection with such transactions, including without limitation, payment information and other personal information, are managed through Borderless, and will be subject to Borderless’ Privacy Policy, Refund Policy and Terms of Service.


6. Listing and Selling Terms

When listing distilled spirits for sale using our Platform, you agree as follows:

  • You assume full responsibility for the item offered and the accuracy and content of the listing.
  • Your listing complies with these Terms of Service.
  • Any listing that violates these Terms of Service may be modified, obfuscated, or deleted at our sole discretion.

We charge sellers for use of our Platform. The fees we charge sellers are listed on our Price Sheet. We may change our selling fees from time to time. Sellers are responsible for fees arising out of sales arising out of the use of our Platform, even if sales terms are finalized or payment is made outside of the Platform. Sellers must have a payment method on file with Hogshead when using our Platform and pay all fees. If your payment method fails or your account is past due, we may place restrictions on your account and late fees will apply. If we retain a collection agency or an attorney to collect, you agree to pay all fees, costs, and expenses that we incur in seeking to recover from you.


7. Purchaser Terms

When making a purchase using our Platform, you agree as follows.

  • You are solely responsible for reading the full item listing before making a bid or offer, buying, or committing to buy.
  • You enter into a legally binding contract with the seller to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted.
  • We do not transfer legal ownership of items from the seller to you.

8. SMS Messaging Sign-up

By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, and then by responding YES to a text message confirming your sign-up, you have consented to receive marketing messages from us. Standard message and data rates may apply. You may opt-out at any time by texting STOP in response to any of our messages. You may request help at any time by texting HELP in response to any of our messages or by emailing customer service at support@hogshead.com.

9. Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use our Platform, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Your purchase of products or services on our Platform may be subject to additional terms and conditions, including our policies on product returns or exchanges, which will be presented to you when you make a purchase.

10. Registration / Account Set Up

Certain features of our Platform may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Platform to receive information, subscribe to email lists, or enter a promotion or giveaway.

If you wish to register on our Platform, you agree to provide accurate information about yourself as required by the applicable registration form. You also agree that you will only register one account on the Platform. We reserve the right to suspend or terminate your use of our Platform if we discover that you have violated these Terms of Service. You are responsible for maintaining the confidentiality of your account details and you are responsible for all activities that occur on your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

11. Modifications and Interruption to the Platform

We reserve the right to modify or discontinue all or any portion of our Platform with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Platform, or that operation of our Platform will be uninterrupted or error free. You understand that usage of our Platform may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

12. Third-Party Websites and Third-Party Content

Certain areas of the Platform and our payment processing functions may be operated on behalf of Hogshead by third parties, and may be subject to the terms of service and/or privacy policies of those parties. Hogshead is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties.

Our Platform may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party website. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, which we encourage you to review.

Some of the Content, services, and features on our Platform, including without limitation social media content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Platform created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Platform. You acknowledge that any reliance on representations and warranties provided by any party other than Hogshead will be at your own risk. You expressly agree to hold Hogshead harmless for any claims of damage arising from any Content, product, or service provided by any third party.

13. Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOGSHEAD, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “HOGSHEAD PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE HOGSHEAD PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR WEBSITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE HOGSHEAD PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR WEBSITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY HOGSHEAD PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE HOGSHEAD PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR COUNSELING ADVICE. INFORMATION AND STATEMENTS REGARDING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR HEALTH CONDITION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

14. Indemnification

You agree to indemnify and hold the Hogshead Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Platform in a manner not permitted by Hogshead, including without limitation your actual or alleged violation of these Terms of Service.

15. User Feedback

All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Hogshead. By submitting Feedback, you assign to Hogshead, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

15. Copyright and Trademark Information

All Content, copyrights, and other intellectual property rights in the Content available on our Platform, including without limitation Platform design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Hogshead, with all rights reserved, or in some cases may be licensed to Hogshead by third parties. This Content is protected by the intellectual property rights of Hogshead or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Platform are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web Platforms of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Hogshead.

17. Notification of Claimed Copyright Infringement

In the event that you find Content posted on our Platform which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Platform are covered by a single notification, a representative list of such works at that Platform; 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your notice of alleged infringement via email to support@hogshead.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Hogshead to terminate use of our Platform by repeat infringers in appropriate circumstances.

18. Mandatory Arbitrartion

Any dispute arising out of or relating in any way to your use of our Platform or any products, services, or information you receive through our Platform, shall be submitted to confidential, binding arbitration in Jefferson County, Kentucky, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Service may be joined with another arbitration related to the subject matter hereof, and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Jefferson County, Kentucky, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

19. Governing Law

The laws of the Commonwealth of Kentucky govern these Terms of Service and any claims arising out of or relating to use of the Platform, without giving effect to any choice of law rules. We make no representation that our Platform are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Jefferson County, Kentucky will serve as the venue for any actions brought, or claims made, arising out of your use of our Platform.

20. Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Platform in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

21. Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You are encouraged to check this page regularly for changes to the Terms of Service. Modifications will become effective immediately upon being posted to our Platform, without further notice to you. Your continued use of our Platform after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Service.

22. Other Terms

If any provision of these Terms of Service is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Hogshead. You agree that these Terms of Service and any other agreements referenced herein may be assigned by Hogshead, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us. You agree and understand that these Terms of Service together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Platform or associated social media accounts, constitutes the entire agreement between you and Hogshead regarding your use of the Platform, and that any other prior agreements between you and Hogshead are superseded by these Terms of Service. Any failure by Hogshead to exercise its rights under these Terms of Service or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or relating to these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. Contact Us

If you have any questions about these Terms of Service, please feel free to contact us by email at support@hogshead.com.