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Whiskey Skies Terms of Service
Last Updated: May 12, 2026
NOTICE OF ARBITRATION PROVISIONS:
Your use of the Services is subject to binding BILATERAL arbitration of any disputes which may arise, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), as provided below IN SECTION 17 and in these Terms of Service. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
These terms of service (“Terms of Service”) apply to your access to, and use of, the services of In The Ivy, LLC d/b/a Whiskey Skies and its subsidiaries and affiliated companies/brands (collectively, “Company,” “us”, “our” or “we”), including without limitation, when you visit our Website available at whiskeyskies.com (the “Website”), use our mobile application (the “App”), purchase a product from our store, or interact with us in any other way (collectively, the “Services”). For purposes of these Terms of Service, “you” and “your” means any user of the Services, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.
These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Service, our Privacy Policy, and any other policies expressly incorporated herein by reference (collectively, the “Terms”).
Consent to Data Collection. Your use of the Services and any information provided by you or gathered by us or third parties during any visit to or use of the Services is governed by our Privacy Policy, which is incorporated herein by this reference. By using the Services, you acknowledge and agree to our collection, use, and sharing of your information as set forth in our Privacy Policy.
Please read these Terms carefully before accessing or using our Website. If you do not agree to these Terms, please do not use the Services.
We may update these Terms from time to time. Any new features or tools added to the store will also be subject to these Terms. You can review the most current version at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Services after changes are posted constitutes your acceptance of those changes. If you do not agree to updated Terms, you must stop using the Services.
If you participate in our SMS/MMS mobile messaging program, your use of that program is governed by our Whiskey Skies SMS/MMS Mobile Messaging Terms and Conditions, which are incorporated herein by reference and available on the Website.
Our store is hosted on Shopify Inc., and they provide us with the online e-commerce platform that allows us to sell our products and Services to you. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you allow any minor dependents to use this Website, you represent that you have given permission for them to do so.
Our Services are for your personal and non-commercial use. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. You may not use automated means (including bots, scrapers, or crawlers) to access the Services, or circumvent any technical measures we employ to protect the Services.
We have implemented reasonable security measures to protect information provided through the Services. However, no method of internet transmission is 100% secure, and we cannot guarantee the security of your information.
If you create an account, you agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials. You may not share your account with others or use another person’s account. You agree to notify us immediately of any unauthorized use of your account.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice, at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange online according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer’s monitor display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All prices are displayed in US dollars.
You are responsible for your use of the Services and for any consequences thereof. You agree not to, and will not assist or enable others to, use the Services to: (i) violate these Terms, any applicable law, or the rights of any third party (including intellectual property rights); (ii) copy, modify, reproduce, distribute, reverse engineer, or create derivative works from any portion of the Services or Content (as defined below), except as expressly authorized; (iii) upload or transmit any viruses, malware, or other harmful code; (iv) use automated means (including bots, scrapers, or crawlers) to access the Services without our prior written permission; (v) harvest contact information, solicit passwords, or send unsolicited communications; (vi) impersonate any person or entity, or misrepresent your identity or affiliation; (vii) harass, intimidate, or harm another person; or (viii) use the Services in any manner that could damage, disable, or impair the Services. We reserve the right to terminate your access for violating any of the above.
Certain portions of the Services may allow you to submit reviews, comments or photos (collectively, “User Content”). You agree not to submit any User Content that: (a) is false, defamatory, obscene, threatening, harassing, or harmful, or that encourages criminal or unethical behavior; (b) infringes any intellectual property, privacy, or other proprietary right; (c) contains viruses or code designed to disrupt or damage any system; (d) constitutes spam, unauthorized advertising, or solicitation; (e) impersonates any person or entity; or (f) violates any applicable law or these Terms.
No User Content you submit will be treated as confidential. You are solely responsible for your User Content and represent that you have the legal right to provide it.
We reserve the right, but have no obligation, to reject, edit, or remove any User Content in our sole discretion. We do not verify, adopt, or endorse your User Content, and you bear all risks associated with it. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display such User Content in connection with operating and promoting the Services. To the extent permitted by law, you waive any moral rights with respect to your User Content. This license continues for as long as your User Content is protected by intellectual property rights, unless you delete it from the Services (subject to reasonable backup or legal retention).
Company respects the intellectual property of others, and expects all users to do the same. All content on the Services, including text, graphics, images, logos, product photos, and Website design is owned by the Company and is protected by applicable copyright, trademark, and other intellectual property laws. If you believe that any material available on or through the Services infringes your copyright, please contact us via email at hello@whiskeyskies.com so that we may review and respond to your concern.
Certain content made available on the Services is owned by third parties and is used with permission, under license, or pursuant to applicable usage rights. This may include, without limitation, designs, photographs and media created by independent designers, as well as product images and other content sourced by third-party platforms. All third-party trademarks, service marks, logos and copyrighted materials remain the property of their respective owners.
The Services are intended for a general audience and are not directed at users under 16. By using the Services, you represent that you are at least 16 years old. We do not knowingly collect Personal Information from minors under such age, and users under 16 must not use the Services. If we learn that a child under 16 has provided Personal Information, we will delete it or take steps to de-identify it promptly as required by law. If you believe we may have collected Personal Information about a child under 16, please contact us at hello@whiskeyskies.com with “Minor Data Collected Notification” in the subject line.
Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org.
While Company uses reasonable efforts to include up-to-date information on the Services, Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE (1) UNINTERRUPTED; (2) FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY US. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.
Occasionally, there may be information on our Website/Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information related to the Service or Website is inaccurate at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law.
You agree to indemnify and hold harmless the Company Parties, and at Company’s option defend the Company Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Company Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Company Parties, Company may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without our written consent.
In our sole and absolute discretion, with or without notice to you, we may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; or (vi) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to us. Upon termination for any reason, you must cease all use of the Services.
No failure or delay by us in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. If any part of these Terms is determined to be invalid or unenforceable the remaining provisions will remain in full force and effect. To the maximum extent permitted by applicable law, any claim arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder. Sections 6 (Intellectual Property), 8-11 (Disclaimers, Exclusions, Limitations), 14 (Indemnification), 16 (General), 17 (Arbitration), and 19 (Governing Law) will survive termination of these Terms of Service and your use of the Services, together with any other provisions that by their nature are intended to survive.
Use of the Services is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
BINDING ARBITRATION OF ALL DISPUTES
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “Company Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Company Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY, and any claim that COMPANY may have against you, arising out of, relating to, or connected in any way with our Terms or any Company Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the “Applicable Rules”). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules are available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.
To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against COMPANY within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
You further agree that:
Company shall make all commercially reasonable efforts to maintain the availability of the Services, however Company will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Company’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Company regarding the Services are final.
The Company will provide contact information for the purpose of providing technical support, however, it does not guarantee any level of technical support for technical issues outside of the direct control of the Company and does not guarantee the availability of the Services.
All purchases made through our Website are subject to a shipment contract. The risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
These Terms, and your access to and use of the Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict-of-law rules or principles (whether of Nevada or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Clark County, Nevada and the parties consent to the personal jurisdiction and venue of those courts.
If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at:
Whiskey Skies
6643 Schuster Street,
Las Vegas, NV 89118
hello@whiskeyskies.com
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
