TERMS AND CONDITIONS OF USE

Last Updated on September 29, 2023

This Terms and Conditions of Use Agreement (this “Agreement” or these “Terms”) states the terms and conditions under which you may use the website located at www.cornheadvodka.com (the “Site”) operated by The 1890 Initiative, LLC (“The 1890 Initiative,” “we,” “us” or “our”). Please read these terms and conditions of use carefully before using the website and services offered by The 1890 Initiative. This Agreement sets forth the legally binding terms and conditions for your use of the website and all information and services provided by The 1890 Initiative on this Site and anywhere the Site is embedded. 

By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement including those additional terms and conditions and policies referenced herein and/or available by hyperlink. We reserve the right to make any changes these Terms as deemed necessary or desirable without notice. By using the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Age Restriction.

You must be twenty-one (21) years of age or older to access, browse, or otherwise use the Site, and this Site is not intended for anyone under the age of twenty-one (21) years of age. You hereby acknowledge and agree that you are at least twenty-one (21) years of age or of drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not permitted to access and use the Site, including accessing advertising or marketing information on the Site or connected to the Site. If you are of legal drinking age, you acknowledge and agree that you will not forward the Site or share the Content (as defined below) from this Site with underage persons. You must be of legal drinking age to purchase or consume Cornhead Vodka by 1890 or to participate in any Cornhead Vodka by 1890 promotions or otherwise. 

2. License.

Subject to the terms of this Agreement, The 1890 Initiative grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and the Content for your personal, non-commercial use only, provided that you fully comply with these Terms.

3. Restrictions on Use of Materials.

You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed (the “ Content”). You also acknowledge that the Content contained on this Site is and shall remain the property of The 1890 Initiative or any other party (each a “ Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.  

You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, noncommercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. The 1890 Initiative authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without prior written approval from The 1890 Initiative.

For permission to use Content from this Site, request written permission and provide full attribution to The 1890 Initiative. Permission should be requested by contacting The 1890 Initiative using the “Contact Us” section contained within this Agreement. 

4. Privacy.

These Terms incorporate The 1890 Initiative’s Privacy Policy, which can be found at www.cornheadvodka.com. The Privacy Policy describes what information is collected from visitors and users of the Site, how the information is used, the choices you have about the way the information is used, and the terms on which we process any personal information we collect from you, or that you provide to us. The 1890 Initiative will not sell your Personal Data (as defined in the Privacy Policy) to third parties without your consent. The 1890 Initiative stores and processes Content on computers located in the United States that are protected by physical as well as technological security. By accessing the Site, you agree to be bound by the terms of the Privacy Policy and acknowledge that while The 1890 Initiative takes commercially-reasonable technical, administrative, and physical security measures to protect your information, no method of transmission over the internet, or method of electronic storage is absolutely secure, and therefore we cannot guarantee absolute security and we are not responsible for any harm caused by interception of such data and communications. For questions regarding the practices and procedures regarding privacy protection, please consult The 1890 Initiative’s Privacy Policy.

5. Permitted Use.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parents’ or guardians’ permission to use the services of The 1890 Initiative’s website and have received permission from your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organizations or entity’s behalf and bind them to these Terms (in which case, the references to “ you” and “ your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use this website and its services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. 

6. Prohibited Use.

You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without prior written consent from The 1890 Initiative. If your use of the services of this website is prohibited by applicable laws, then you aren’t authorized to use the Services. We will not be responsible for your using of the Site in a way that breaks any law or regulation.

7. Termination. 

The 1890 Initiative reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. The 1890 Initiative reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability.

8. Third Party Links.

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with The 1890 Initiative (“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the Content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND THE 1890 INITIATIVE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.

9. No Warranty.

THE 1890 INITIATIVE AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOGETHER, “THE 1890 INITIATIVE PARTIES”) PROVIDE THE SITE AND CONTENT IN AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO SUPPORTERS OF THE 1890 INITIATIVE AND MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE 1890 INITIATIVE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THE 1890 INITIATIVE PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE.

THE 1890 INITIATIVE PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING, AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE 1890 INITIATIVE SHALL CREATE ANY WARRANTY. 

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 

THE 1890 INITIATIVE PARTIES DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

10. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE 1890 INITIATIVE OR THE 1890 INITIATIVE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OF THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL THE 1890 INITIATIVE OR THE 1890 INITIATIVE PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS SITE, THE CONTENT OF THIS WEBSITE, THE SERVICES PROVIDED, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE 1890 INITIATIVE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

11. Indemnification.

You agree to indemnify and hold The 1890 Initiative and The 1890 Initiative Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims related to your use of this Site (including any actions taken by a third party using your account), and your violation of these Terms. In the event of such a claim, suit, or action (“ Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account, if any (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

12. Entire Agreement.

This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the Content and this Site only for lawful purposes. 

13. Assignment.

The 1890 Initiative may transfer, assign, or delegate this Agreement and its rights and obligations without your consent. 

14. Severability.

If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, or as applied to any circumstance, under the laws of any jurisdiction which may govern for such purposes, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be. 

15. Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The 1890 Initiative's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

16. Arbitration.

For any dispute you have with The 1890 Initiative, you agree to first contact us in writing and attempt to resolve the dispute with us before seeking arbitration in accordance with this Section. If The 1890 Initiative has not been able to resolve the dispute with you promptly thereafter, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and The 1890 Initiative agree otherwise, the arbitration will be conducted in Lincoln, Nebraska. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees, each in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction, as set forth in the Section immediately below, for matters related to data security, intellectual property or unauthorized access to this Site. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE 1890 INITIATIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17. Law and Jurisdiction. 

These Terms shall be subject to, governed by and construed under the laws of the state of Nebraska in the United States of America without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Lancaster County, Nebraska or the United States District Court for Nebraska, for any actions not subject to Section 16. Your access to, or use of, this Site or information, materials, products and/or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. 

You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the state of Nebraska and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating. 

18. General. 

BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREED TO BE BY BOUND THEM. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. 

19. Contact Us.

Should you have any comments or questions, you may send an e-mail to info@1890nebraska.com.

DO NOT SHARE THIS CONTENT WITH THOSE UNDER THE AGE OF 21.

© 2025 The 1890 Initiative, LLC.

All rights are hereby reserved by The 1890 Initiative, LLC, a limited liability company organized under Nebraska law.