Last Updated: October 1, 2020

These Terms & Conditions govern your access to and use of the Town and Country Supermarket Liquors website and webpages, mobile site and/or app (the “Sites”). The Sites are operated by Maurice W Brown, Inc for certain affiliates that operate under the Town and Country Supermarket Liquors brands and associated brands in Wyoming (hereafter, “Town and Country”).

These Terms & Conditions apply to all persons who visit any of the Sites (“Visitors”), regardless of a Visitor’s purpose, use, or amount of use. In these Terms, “you” and “your” refer to each Visitor and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively to Town and Country.

Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms & Conditions). These Terms & Conditions are in addition to any other terms and conditions that may apply to purchases you make in-Store (as opposed to online) at a retail location.

We reserve the right to change these Terms & Conditions or to impose new terms and conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Sites after we post any such changes or notify you of any material changes, you accept the Terms & Conditions, as modified.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

THE SITES ARE ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER. If you do not meet these requirements, you are not authorized by us to use or view any of the Sites.

If you have questions or concerns about our specific terms, please send an e-mail to privacy@tcsupermarketliquors.com.

Privacy Policy

Your use of our Sites is also subject to our Privacy Policy.

Accessibility of Our Sites

SITES, STORES & SERVICES INTENDED FOR PERSONS AGED 21 OR OLDER ONLY

We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site, you represent that you are over the age of 21. Also, Town and Country works diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using the Sites, you represent that the person placing an order, picking up the order in our Store (called “in-Store pickup” or “ISP”), or receiving a delivery of alcoholic beverages from us (where permitted) is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

Your representations are critical to your right to use the Sites. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the Sites and report your misrepresentation to the appropriate authorities.

CUSTOMERS WITH DISABILITIES

Town and Country strives to make our Sites’ content accessible and user-friendly. Consistent with this goal, we continually strive to meet online usability and design standards recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines 2.0, Level AA (WCAG 2.0 AA) or other standards to the extent required by the Americans with Disabilities Act (ADA).

If you are having difficulty viewing the content on our Sites or navigating our Sites, please contact us at privacy@tcsupermarketliquors.com or (307) 632-8735.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, and SurfWatch. We do not sponsor or endorse or control any of these companies or their services.

Site Security

We aim to protect your personal information by implementing and maintaining commercially reasonable security, such as by using reasonable organizational, technology and physical safeguards appropriate to the type of the personal information we hold. However, no security controls can be expected to be effective all the time, and therefore Town and Country cannot ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

Your Account

You may create a personal account to place an order using the Sites for the Store, or to participate in our Loyalty program. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.

If you create an account, you may be asked or required to provide your personally identifiable information, such as your name, address, phone number or email address (“Personal Information”). Further, if you register on any of the Sites, you may be asked to provide additional information, including your Loyalty Account Number. Please see our Privacy Policy for more information on how we protect your Personal Information.

If you create an online account, you agree to provide truthful, accurate and complete information about yourself as prompted by the online or mobile forms. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.

We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Town and Country and/or the Sites.

Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms & Conditions. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions, which we may rely upon. You are responsible for protecting the confidentiality and security of your Account.

Use of Our Sites

At Town and Country, our goal is to create a positive, rewarding, and safe experience in connection with our Sites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Sites, you may not:

Intentionally or unintentionally violate any law, regulation or these Terms & Conditions;
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
Distribute, retransmit, republish, reuse, re-post, or use any of the design features, logos, tradenames, trademarks or other content of the Sites for public or commercial purposes, without Town and Country’s prior written permission;
Post, share, send, or otherwise use the Sites to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
Alter or interfere with the content or functioning of the Sites, or “mirror” any content contained on the Sites on any other server;
Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
Use automated technology of other means to use the Sites or scrape or crawl any pages or content contained in the Sites. Town and Country may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly-available searchable indices of the materials, and Town and Country reserves the right to revoke these exceptions either generally or in specific cases;
Exceed authorized access, tamper with, or misuse any areas of the Sites or Town and Country’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution;
Attempt to circumvent any technological measure implemented by Town and Country or any of Town and Country’s providers or any other third party (including another user) to protect the Sites;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Sites;
Frame or link to Sites, unless permitted in writing by Town and Country; and
Advocate, encourage, or assist any third party in doing any of the foregoing while using the Sites.

Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You are responsible for your use of the Sites, and for any use of the Sites made using your account. Your use of our Sites is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access of ours Sites.

You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively “Feedback”) submitted to Town and Country shall become the property of Town and Country. Town and Country will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Town and Country will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Town and Country, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Site Content

COPYRIGHT NOTICE

All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, trade names, or brand or product names which are owned us or by third parties who license them to us. Unless authorized in writing by an officer of Town and Country, you may not use any Content. Even if we consent in writing, you may not use any of our Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Sites by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

LINKS

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

YOUTUBE

Parts of the Sites use YouTube API Services to provide access to Town and Country’s YouTube channel. You acknowledge and agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google’s Privacy Policy (http://www.google.com/policies/privacy) when engaging YouTube content and services through the Sites. You may manage your YouTube API data by visiting Google’s security settings page at: https://security.google.com/settings/security/permissions.

Errors on Our Sites

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Product Orders Using Our Sites

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Town and Country reserves the right at any time after receipt of your order to accept or decline your order for any reason.

ORDER LIMITATIONS AND PRODUCT AVAILABILITY

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Some items, especially highly-allocated or limited quantity items, may be listed on the Sites but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items. Please check with the Store for current availability.

TITLE AND OWNERSHIP OF PRODUCT

Title to, and ownership of, all alcoholic beverages and other products sold through the Sites passes to you upon purchase. Once a sale is been approved, there are essentially two ways to receive your purchase: (i) in-Store pickup (or “ISP”), where one of our Store team members will pick your order and have it waiting for you to pick up at your convenience or (ii) delivery, where available, which means that a Store team member will pick your order and either the Store or a third-party delivery vendor will deliver your order to your home or other authorized location within the selected Store’s designated service territory. You will be charged the state taxes (including the sales tax), if any, assessed by the state where the sales transaction occurred.

IN-STORE PICKUP (ISP)

Town and Country Store permits in-Store pickup. Once confirmed, all orders are subject to product availability and will be available for pickup at the Store you designated in your order according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. The store requires the person who placed the order to pick-up the order. Any person picking up an order in-Store must be aged 21 or older and must present a valid government-issued identification.

If you have not picked up your order within 14 days of placing it, we will attempt to notify you by contacting you with the information provided at the time the order was made. We reserve the right to cancel the order, return the products or other goods, and issue a credit to the credit card used to place the order in the amount of the charge corresponding to the intended purchase. Individual bank policies will dictate when this amount is credited to your account. See In-Store Pick-Up for more information.

DELIVERY – Local Only – WE DO NOT SHIP

Delivery to your home, office or event location is available from Town and Country location, depending on state law. Where permitted, you must be aged 21 or older and must present a valid government-issued identification in order to obtain your shipment. All delivery orders are subject to product availability and delivery locations, quantities and frequency may be restricted by law or Town and Country discretion. Delivery fees may apply. See Delivery for more information.

Also, you may have the option to provide your phone number or email address for purposes delivery notifications.

RETURNS

Our goal is that all our customers are satisfied with their orders. Should you need to return an item for any reason, please contact our Customer Service department at (307) 632-8735. Note that some states prohibit returns except where product is spoiled or otherwise unfit for consumption. See our Return Policy for more information.

Mobile and Mobile Apps

MOBILE TERMS OF USE

Town and Country offers areas and features that are accessible via a computer or mobile device, such as a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges.

You agree that for the functions or services for which you have created an account with Town and Country or have otherwise completed a purchase, we may send communications to your mobile device regarding those functions or services. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

BY ACCESSING, BROWSING, OR USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO TOWN AND COUNTRY IN ORDER TO PARTICIPATE IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE YOUR MOBILE PHONE TO ACCESS THE SITES. You are also subject to and agree to comply with Town and Country’s Terms & Conditions located on this page with respect to mobile phone and mobile app usage.

PLEASE NOTE: You agree that if the mobile telephone number you provide as part of Town and Country Recurring Offers at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Town and Country of any such reassignment or termination by calling (307) 632-8735 or by sending an email to privacy@tcsupermarketliquors.com.

Termination of Use

We may terminate your Town and Country account or prevent use of the Sites with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Sites at any time without prior notice.

Force Majeure

We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

Governing Law and Venue

This agreement will be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any principles of conflicts of law.

Disclaimer of Warranties

We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Sites. OUR SITES, THEIR CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITES, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY TOWN AND COUNTRY ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO TOWN AND COUNTRY ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

If you are dissatisfied with any portion of Sites, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Sites and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

Indemnity

You agree to indemnify, defend, and hold harmless Town and Country, its affiliates, employees, officers, agents, vendors and service providers (“Town and Country Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Town and Country Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Town and Country Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Town and Country Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, Town and Country Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Town and Country Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Town and Country Entity.

Arbitration Agreement

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

It is Town and Country’s goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Town and Country is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Town and Country, you acknowledge and agree that you will first give Town and Country an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Town and Country, 516 S. Greeley Hwy, Cheyenne, WY 82007 Re: Customer Dispute. You then agree to negotiate with Town and Country in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Town and Country’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Town and Country Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the Town and Country Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Wyoming shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Wyoming shall apply.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the Town and Country Entities, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including such claim or award is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND TOWN AND COUNTRY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than two (2) years after the cause of action arose.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.

In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Privacy Policy

Effective Date: October 1, 2020

Maurice W Brown, Inc and affiliated companies doing business under Town and Country Supermarket Liquors brands and associated brands (“Town and Country,” “we,” “our,” or “us”) know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy lets you know what information we collect, how we may share that information, and your choices regarding the sharing of your information.

You are subject to our Terms & Conditions, which govern your access to and use of the Town and Country Supermarket Liquors Sites (defined below). Click Terms & Conditions for more information.

Privacy Policy Table of Contents

How to Contact Us
Our Privacy Commitment
Acceptance of and Changes to this Privacy Statement
Children’s and Minor’s Privacy
Information Collection and Use
Cookies & Clickstream Technology, Including Opting Out
Security of Your Personal Information
Disclosure of Personal Information
Updating Your Personal Information
E-mail & Account Registration

How to Contact Us

If you have questions about Town and Country Supermarket Liquors’ Privacy Policy, contact us by:

Phone:

(307) 632-8735

Email:

privacy@tcsupermarketliquors.com

Mail:

Town and Country Supermarket Liquors, Store Support Center
516 S. Greeley, Hwy
Cheyenne, WY 82007
Attn: Customer Care/Privacy

Our Privacy Commitment

We value the relationship we have with our customers and prospective customers, and are committed to protecting the confidentiality, accuracy and integrity of your Personal Information, meaning information about you that is not publicly available. We understand the importance of keeping your information secure.

Acceptance of and Changes to this Privacy Statement

This Privacy Policy applies to Personal Information collected from and about prospective customers and customers of businesses that operate retail liquor stores under Town and Country Supermarket Liquors brands and associated brands in various states, whether collected at a retail location (a “Store”) or from the Town and Country Supermarket Liquors website and webpages, mobile site and/or app (the “Sites”).

As Town and Country continues to improve the services, products and the features we provide, this policy is subject to change. We reserve the right to amend this policy at any time by posting the amended policy on our site and updating the Effective Date at the top of this page.

By using the Town and Country site and services, you signify your acceptance of this Privacy Statement. If you do not agree with any policy described in this Privacy Statement, your sole option is to discontinue use of the Sites. Your continued use of any portion of the Town and Country site following notification or posting of such changes constitutes your acceptance of those changes. If you have questions or concerns about our specific policies, please send an e-mail to privacy@tcsupermarketliquors.com.

Children’s and Minor’s Privacy

Town and Country Stores and Sites are intended for adults 21 years of age and older. We do not knowingly collect personal information from minors under the age of 21. If you have reason to believe that a person under the age of 21 has provided Personal Information to us, please contact us as provided in the Contact Us section below with sufficient detail to enable us to delete that information from our databases.

For more information about Parental Control options, see our Terms & Conditions.

Information Collection and Use

Town and Country collects, uses and discloses your Personal Information (including individuals associated with you, all of whom are referred to as “you” in this Privacy Policy) in its normal course of business for the following purposes:

Providing you with products and services you are interested in at at the Store;
Fulfilling orders places on our Sites through the Store;
Establishing and maintaining communications with you;
Where you have requested information from us or one of our partners, assisting in the response to your request for information;
Responding to your inquiries about purchases, accounts and other services;
Marketing our, and our affiliates and partner’s or third-party delivery providers’, goods and services to you;
Processing transactions through service providers;
Meeting legal, security, processing and regulatory requirements;
Protecting against fraud, suspicious or other illegal activities; and
Compiling statistics for analysis of our sites and our business.

We obtain your Personal Information from a number of possible sources:

Directly from you. For example, during account registration from forms you complete, subscriptions you purchase or comments you provide on our Sites.
Indirectly from you. For example, from observing your actions on our Sites.
From third parties. For example, third party social networking providers and advertising companies, our affiliates and service providers who provide services or information to us. For example, we get updated addresses from the National Change of Address (NCOA) service to ensure we have the correct contact information for our customers.
From publicly available sources. For example, online database searches.

Cookies & Clickstream Technology, Including Opting Out

As you navigate the Site, we may also collect information about you through the use of common information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).

COOKIES

Like many companies, we use cookies on our Sites. Cookies are pieces of information shared between your web browser and a website. Use of cookies enables a faster and easier experience for the user.

There are different kinds of cookies with different functions:

Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between Town and Country’s servers and your computer’s operating system. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.
Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s or device’s hard drive. These cookies are usually Persistent cookies.

We do use third-party cookies on our Sites, as well as third party provided web beacons (please see the section on Web Beacons below). These cookies are used by us and our marketing partners to better understand your preferences and to tailor and improve your experience on the site based on our impressions of your interests.

More specifically, our Sites use Google Analytics and Adobe Site Catalyst, which are web analytic tools provided by Google, Inc. and Adobe Inc., respectively. These services use cookies to help our Sites analyze how users use the Sites. The information generated by the cookie about your use of the Sites (including your IP address) will be transmitted to and stored by these vendors on servers in the United States. These vendors will use this information for the purpose of evaluating your use of the Sites, compiling reports on Site activity, and providing other services relating to Site activity and internet usage for Town and Country. These vendors may also transfer this information to third parties where required to do so by law, or where such third parties process the information for the vendors for purposes of providing those services. These vendors will not associate your IP address with any other data held by them. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, if you do block the use of cookies, you will not be able to use the full functionality of the Sites. By using the Sites, you consent to the processing of data about you by Google and Adobe in the manner and for the purposes set out above.

Along with the above noted uses, we use cookies for the following purposes: :

Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, such as logging into your account and using a shopping cart, cannot be provided. You can set your browser to block or alert you about these cookies, but then some parts of the site will not work. These cookies do not store any personally identifiable information.
Functional Cookies: These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal or customized features. For instance, the Site needs to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Site. The information these cookies collect is usually anonymized. They may be set by us or by third party providers whose services we have added to our pages. They do not gather any information about you that could be used for advertising or remember where you have been on the Internet.
Performance & Analytics Cookies: These cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is aggregated and anonymous.
Marketing & Advertising Cookies: Town and Country does not “sell” your personal information as the word “sell” is commonly understood; in other words, we are do not give your personal information to third parties in exchange for money. However, our Sites do use cookies that may be used by third parties to build a profile of your interests and show you relevant advertisements on other sites. These cookies may also be used to enable you to share pages and content that you find interesting on our Site through third party social networking and other websites. The cookies do not store directly personal information but are based on uniquely identifying your browser and Internet device. If you do not allow these cookies, you will experience less targeted advertising and may not be able to share pages or content you find interesting through third party social networking sites.

Please Note: We embed videos or insert links to videos from YouTube on our website(s). As a result, when you visit a page with content embedded from or linked to YouTube, you may be presented with cookies from YouTube. If you opt out of advertising and marketing cookies here, YouTube may still utilize cookies for those embedded videos and links. You can control YouTube cookies by visiting https://policies.google.com/technologies/cookies.

For information on all of these categories of cookies, and for more information generally on cookies please refer to aboutcookies.org.

OPTING OUT OF COOKIES

There are various ways for you to manage cookies and other technologies.

Browser Settings

Through your browser settings, you can disable cookies (and other tracking tools) or request to be prompted before accepting cookies from the Sites and other websites you visit. These cookies may also permit you to delete cookies you already have. Please consult your web browser’s ‘Help’ documentation or visit aboutcookies.org. for more information about how to turn cookies on and off for your browser. If you use different browsers and computers, you will need to adjust the appropriate cookie settings for each browser and computer. Certain parts of the Site may function differently and you may not be able to use some portions of our Site if you choose to disable cookies entirely.

Third-Party Extensions

There are several browser extensions that allow you to manage cookies and personalize your browsing experience. Since these extensions are made by third party providers, Town and Country does not control these features and cannot provide technical support for these products.

Targeted Advertising Cookies

You may opt out of receiving advertising cookies from companies who are members of the Network Advertising Initiative (NAI) or who subscribe to the Digital Advertising Alliance’s (DAA’s) Self-Regulatory Principles for Online Behavioral Advertising. Please visit the Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page to opt out directly from providers who participate in those programs.

WEB BEACONS

The Site may also use web beacons (including web beacons supplied or provided by third parties) alone or in conjunction with cookies to compile information about users’ usage of the Site and interaction with e-mails from Town and Country. Web beacons are transparent electronic images that can recognize certain types of information on your computer, such as cookies, when you view a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. We use web beacons to operate and improve the Sites and e-mail communications. We may use information from web beacons in combination with other data we have about our customers to provide you with information about Town and Country and our services. We will conduct this review on an anonymous basis.

IP ADDRESSES

When you visit our Sites, Town and Country collects your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, Town and Country uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses will be stored in such a way so that you cannot be identified from the IP address. In addition, Town and Country uses your IP address to get an approximate location so we can find a store closest to you. We do this for both your convenience, as well as for legal compliance reasons.

DO-NOT-TRACK

The major internet browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, Town and Country’s Sites are not compatible with DNT.

Security of Your Personal Information

Whether you are shopping online or in our stores, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. The Town and Country Sites use Transport Layer Security (TLS) or equivalent encryption technologies to protect your personal information during data transport, including your name, address and credit card number. However, no security controls are failproof, and Town and Country cannot completely ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

When you create an account on Town and Country Supermarket Liquors you are required to establish a password between 7 and 16 characters with at least one letter and one number. Your password may not contain your first name, last name, or any spaces. You are solely responsible for maintaining the secrecy of your password and account information. We strongly recommend that you do not share this information with others. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.

Disclosure of Personal Information

We do not disclose any Personal Information about you to others except as stated in this Privacy Policy, as otherwise permitted by law, or authorized by you. This Privacy Policy does not apply to privacy practices of third parties that we do not own or control, including but not limited to any third party websites, services, applications, online resources to which the Sites may link, embed, reference, or otherwise provide access through the Sites. We are not responsible for the privacy practices or the content of such third party sites. Please contact these third parties directly for information regarding their privacy practices.

SERVICE PROVIDERS

We use third-party service providers to enhance your consumer experience. This may include, for instance, providers who assist us with tech or customer support, operations, web or data hosting, billing, credit card processing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise help us to provide, develop, maintain and improve our services. These companies may use information about your visits to our Sites in order to help process delivery orders, provide personalized recommendations and advertisements about our goods and services on our Sites as well as when you visit other websites. Because service providers we use may be located in the United States, your Personal Information may be processed and stored inside the United States; and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under U.S. laws.

THIRD PARTIES

Some areas in our site may be offered to you in association with affiliated or non-affiliated third parties, such as co-promotional partners, dedicated producers of drinks, or co-sponsors of events you may want to attend. Such co-branded areas may require you to disclose Personal Information to the third party. The co-branded areas will identify the third party; however, the third party’s privacy policy will apply to how they treat your Personal Information. We recommend you review the privacy policy of these third parties. If you elect to register for events or products with these third parties you will be providing your Personal Information to both us, and the third party.

SOCIAL MEDIA, REVIEWS, AND USER GENERATED CONTENT

Any personally identifiable information you submit on a social media website, such as Facebook or Twitter, bulletin board, blog, chat room, comment about a product, or any other public forum on our Sites, can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We recommend that you do not provide your name, e-mail address or any other personal information in public forums on this Site. Please note that if you choose to do so, it is at your own risk and you accept full responsibility for those posts and any consequences that may arise from posting this information.

BUSINESS TRANSACTIONS

As we continue to develop our businesses, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either Town and Country itself or substantially all of Town and Country assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.

OTHER LEGALLY REQUIRED DISCLOSURES

Town and Country preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if Town and Country has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Town and Country, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

In this Privacy Policy, the purposes identified above and in “Collection, Use and Disclosure of Personal Information” will be referred to as the “Identified Purposes.”

Updating Your Personal Information

Town and Country wants your personal information to be accurate and complete. We provide several different methods for you to update your personal information. To update your name, address, phone number and/or e-mail information:

Login to My Account on Town and Country Supermarket Liquors to update your personal account information (if you’ve created an account on Town and Country Supermarket Liquors)

Phone:

(307) 632-8735

Email:

privacy@tcsupermarketliquors.com

Mail:

Town and Country Supermarket Liquors, Store Support Center
516 S. Greeley, Hwy
Cheyenne, WY 82007

Attn: Customer Care/Privacy

If you send an e-mail or letter request, please be sure to include your current information and the requested changes.

E-mail & Account Registration

During registration on the Sites, we collect an e-mail address to communicate with you about your transaction. We use this e-mail address to contact you if there are any issues and to notify you about the status of your order. If you do not want this retained for future promotional e-mail inclusion, we provide you the ability to opt-out.

If a user wishes to subscribe to our e-mails, we ask for contact information such as name, preferred store and e-mail address. We may use your personal information for purposes other than sending you promotional materials. For example, we may use your information to send you administrative communications about any account you may have with us or about future changes to this Privacy Policy. If at any time you should wish to unsubscribe, please click on the “unsubscribe” link in any e-mail from us or send an e-mail to privacy@tcsupermarketliquors.com.

When you register as a member of the Sites or sign up to receive our e-mail offers, we collect information that helps us identify you. The more information you provide, the better we can customize our services and your experience to suit your needs and preferences.