Terms of Service
American Whiskey Forum membership is a free, application-based membership program operated by AnyRoad Inc. (“AnyRoad”) in conjunction with American Whiskey Forum (“AWF” or the “Partner”). These Terms of Service govern your application for, membership in, and participation in the AWF membership program, including access to member communications, bottle purchase opportunities, special releases, events, content, and other benefits that may be made available from time to time.
Membership is not a subscription, does not require payment of a recurring membership fee, and does not guarantee access to any bottle, product, event, allocation, invitation, benefit, or other opportunity. AWF and AnyRoad may approve, deny, suspend, terminate, or modify membership status and program benefits at any time, subject to these Terms.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH ANYROAD (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1. Membership & Application Review
1.1. Membership. Membership in the AWF membership program is free to join and is available only to individuals who are at least twenty-one (21) years of age. Membership has no fixed expiration date, but may be suspended, terminated, modified, or discontinued as described in these Terms.
1.2. Application Review. All applications are subject to review and approval by AWF and AnyRoad. AWF and AnyRoad may consider information provided in your application, your interactions with AWF or AnyRoad, publicly available information, prior purchase or event activity, suspected fraud or abuse, legal or regulatory considerations, brand safety concerns, and any other criteria AWF or AnyRoad determines relevant to the program.
1.3. No Right to Membership. Submission of an application does not guarantee acceptance. Membership is discretionary, non-transferable, revocable, and intended for personal, non-commercial participation only. AWF and AnyRoad may decline, suspend, or terminate membership at any time if they determine that doing so is appropriate for the program, AWF community, brand, operations, legal compliance, or member experience.
1.4. Program Changes. AWF and AnyRoad may modify, pause, limit, discontinue, or replace the membership program or any program benefit at any time. No member has any vested right, property interest, or guaranteed entitlement in the program or any benefit.
2. Bottle Releases and Purchase Opportunities
2.1. Purchase Opportunities. Approved members may receive opportunities to purchase AWF products, including limited releases, special releases, or other products made available from time to time. Product availability is limited and may be offered on a first-come, first-served, invitation-only, allocation-based, geographic, compliance-based, or other basis determined by AWF and AnyRoad.
2.2. No Guaranteed Allocation. Membership does not guarantee the ability to purchase any product. AWF and AnyRoad may determine release timing, quantity, eligibility, allocation, purchase limits, order windows, and access criteria at their discretion.
2.3. Special Access. AWF may provide certain members with access to special or rare releases based on factors such as prior engagement, purchase history, event participation, community participation, compliance with these Terms, or other criteria determined by AWF. AWF is not required to publish or apply such criteria uniformly.
2.4. Purchase Limits and Resale. Products are offered for personal use only. AWF and AnyRoad may limit quantities, cancel orders, restrict future access, or terminate membership if they suspect fraud, abuse, resale, commercial purchasing, circumvention of purchase limits, or other conduct inconsistent with the program.
3. Payments, Fees and Events
3.1. No Membership Fee. There is no fee to apply for or maintain AWF membership. You will not be charged a recurring membership fee for AWF membership.
3.2. Product and Event Charges. You are responsible for all charges you authorize in connection with product purchases, event tickets, taxes, shipping, handling, delivery, service fees, ticketing fees, and other charges disclosed at checkout.
3.3. Events. AWF may make free or paid events available to members from time to time. Event access may be limited by capacity, location, eligibility, age verification, availability, venue requirements, purchase history, invitation criteria, or other factors determined by AWF or AnyRoad.
3.4. Ticketing Fees. Paid event tickets may include AnyRoad ticketing fees and other disclosed fees. Fees, taxes, refund terms, transferability, cancellation terms, and event-specific conditions will be disclosed at checkout or in event communications.
3.5. Refunds and Cancellations. Unless otherwise stated at checkout or in event-specific terms, product purchases, event tickets, fees, and related charges are final and non-refundable except where AWF or AnyRoad determines otherwise in its discretion.
4. Age, Alcohol, Shipping, and Pickup
4.1. Age Requirement. You must be at least twenty-one (21) years of age to apply for membership, participate in the program, purchase products, attend alcohol-related events, or receive any alcohol product.
4.2. Compliance Restrictions. Product availability, shipping, pickup, delivery, and event participation are subject to applicable laws, rules, regulations, licensing requirements, carrier rules, venue rules, and AWF or AnyRoad policies. AWF and AnyRoad may refuse, cancel, or limit any order or event participation if they determine that fulfillment or participation is unavailable or inappropriate.
4.3. Shipping and Pickup. If shipping or pickup is made available for a product, the applicable options, timing, costs, restrictions, and deadlines will be disclosed at checkout or in related communications. Shipping may be unavailable in certain jurisdictions. Pickup may require valid government-issued identification and age verification.
4.4. Failure to Complete Pickup or Delivery. If you fail to pick up a product or complete delivery within the applicable timeframe, AWF or AnyRoad may cancel the order, make the product available to another member, charge applicable fees, or provide another remedy disclosed at checkout or determined in its discretion.
5. Passwords and Account Access. You are responsible for any activity that occurs through your membership account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, AnyRoad or our Partners from identity theft or other fraudulent activity. AnyRoad will evaluate each case of account hold due to identity theft or fraudulent activity and may, at its sole discretion, provide a credit or discount on the subscription.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE MEMBERSHIP SERVICE AND ALL PRODUCTS, CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MEMBERSHIP SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ANYROAD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ANYROAD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANYROAD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ANY APPLICATIONS AND THE ANYROAD SOFTWARE.
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ANYROAD, ITS PARTNERS OR THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. Arbitration Agreement
7.1. You and AnyRoad agree that any dispute, claim or controversy arising out of or relating in any way to the AnyRoad service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AnyRoad are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Membership.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to AnyRoad, by certified mail, a written Notice of your claim ("Notice"). The Notice to AnyRoad must be addressed to: c/o Lifetime Loyalty, AnyRoad, Inc., PO Box 640, San Francisco, CA 94104-0640 ("Notice Address"). If AnyRoad initiates arbitration, it will send a written Notice to the email address used for your AnyRoad account. A Notice, whether sent by you or by AnyRoad, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AnyRoad and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AnyRoad may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after AnyRoad receives notice at the Notice Address that you have commenced arbitration, AnyRoad will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless AnyRoad and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of AnyRoad's last written settlement offer made before an arbitrator was selected (or if AnyRoad did not make a settlement offer before an arbitrator was selected), then AnyRoad will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND ANYROAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AnyRoad agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8. Miscellaneous
8.1. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
8.2. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please email support@anyroad.com, or your account membership page and click on the support email. In the event of any conflict between these Terms of Service and information provided by Customer Service or other portions of our websites, these Terms of Service will control.
8.3. Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.4. Changes to Terms of Service and Assignment. AnyRoad may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you via the email on file on your account. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable AnyRoad service.
8.5 Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
9. Publicity
By participating in AnyRoad's member-only curated social calendar of events (both in-person and at-home), you grant AnyRoad the right to capture and utilize your likeness, including photographs and videos, for publicity and promotional purposes related to the Lifetime Loyalty Program. This may include posting about your attendance and experience at these events on AnyRoad's platforms and in its marketing materials. You waive any right to review or approve such use. If you prefer not to have your likeness used for publicity, you may opt out by notifying AnyRoad in writing before or during the event.