Terms & Conditions
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LAST UPDATED: January 1, 2025
1. Introduction
Welcome to Libex. These Terms and Conditions ("Terms") govern your use of our website (the "Libex Site") and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, you must discontinue use immediately.
2. Eligibility
You must be at least 21 years old (or 18 outside the U.S.) to use the Services.
A valid government-issued ID may be required for alcohol-related transactions.
3. Whiskey Sales & Storage
Sales are conducted through licensed storage facilities, bottlers, distributors, wineries, or distilleries ("TTB License Holders").
Storage facilities and insurance are managed through third-party vendors.
Orders may be subject to applicable federal, state, and local laws.
Prices and market valuations are subject to fluctuations and are not guaranteed.
4. User Accounts
4.1 Registration
You must provide accurate and complete information, including legal name, age, address, email, and phone number.
You are responsible for maintaining account security.
4.2 Payment & Fees
Payments cover product costs, taxes, and shipping fees.
Storage fees are due on the 1st of each month.
Unpaid storage fees exceeding 90 days may result in account suspension.
After 180 days of nonpayment, Libex may sell or liquidate stored whiskey to recover outstanding fees.
If no payment is received for 365 days, Libex may dispose of stored assets.
An annual fee of $500 applies for users on the whiskey exchange unless they make additional purchases within 18 months of their first purchase.
Users are not required to store payment information with Libex.
5. Market & Pricing Information
Libex provides pricing and market data sourced from independent third parties.
Market data is subject to change without notice.
Currency fluctuations may impact pricing.
6. Purchase Terms
All whiskey purchases are speculative; values may increase or decrease.
Orders are non-refundable unless otherwise stated in writing.
Libex is not responsible for discrepancies between list prices and final sale prices.
7. Shipping & Delivery
Orders may be shipped to eligible locations, subject to applicable laws.
Shipments require a government-issued ID upon delivery.
Libex does not accept returns on shipped whiskey.
Shipping and packaging fees apply.
8. Selling & Liquidation
Whiskey can be listed for sale at any time on the exchange for a 2% fee.
The standard process is for Libex to age whiskey for at least 3 years before recommending sale.
If whiskey is sold into the broader market, including craft distilleries, brands, and co-packers, Libex charges a 10% fee.
Bottling, branding, and distribution services are available at an additional fee.
9. Risk of Loss
Ownership transfers to you upon delivery to a shipping carrier.
Libex is not responsible for damages occurring after transfer.
10. Anti-Money Laundering (AML) Compliance
Libex complies with U.S. and international AML regulations.
Transactions with sanctioned persons, entities, or regions are strictly prohibited.
11. Intellectual Property
All trademarks, logos, and content on the Libex Site are proprietary.
Unauthorized use is prohibited.
12. Dispute Resolution
12.1 Arbitration Agreement
Disputes will be resolved through binding arbitration administered by JAMS.
Arbitration may occur in person, via telephone, or through written submissions.
12.2 No Class Actions
Disputes must be brought individually; class actions are not permitted.
12.3 Governing Law
These Terms are governed by the laws of Wyoming, USA.
Legal proceedings must be brought in Torrington, Wyoming.
13. Amendments
Libex may modify these Terms at any time.
Updates will be posted on the Libex Site with a 30-day notice.
14. Contact Information
Libex Direct, LLC
499 Main Street, Torrington, Wyoming 82240
Email: info@libex.com
Phone: (317) 218-3065 -
AGREEMENT AMENDMENT APPROVAL PROCESS: Any and all amendments to this shall be done in writing signed by individuals legally authorized to enter into a binding contract on behalf of Contractor and can be rescinded by either party for up to 14 days unless waived in writing in a separate document signed by separate authorized Representatives of each Party.
HEADERS: Headers and bolded paragraphs are solely for ease of navigation and illustration purposes and no other legal significance.
JOINTLY DRAFTED & EQUAL INTERPRETED: The Parties agree that they jointly drafted and entered into this Agreement and any other Agreement between them. Both Parties were advised by counsel and had their respective counter-parties drafts reviewed by Counsel and therefore wish that any provision equally without bias and without being in the favor of one Party or the other.
SUCCESSORS AND ASSIGNS: Subcontractor shall not assign or transfer any right or obligation hereunder without express permission in writing signed by Company. Company may assign its rights and obligations under this Agreement at any time and without prior written consent or notice. If the Contractor should ever assign any or all of his rights under this Agreement, then the same rights and obligations shall be binding upon the Assignee.
BLUE PEN INTERPRETATION: Drafters intend for this Agreement to be both fair and a fair representation of their respective inventions. To the extent that any part or portion of this Agreement is determined to be illegal, contrary to public policy, or otherwise unenforceable, then it is the desire of the drafters that the court of competent jurisdiction render such a ruling apply the legal blue pen and edit the text of this Contract in order to apply the correct binding law necessary to ensure the enforcement of the prescriptions and prohibitions herein.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of Wyoming. Venue is proper in Broward or Goshen County, Wyoming for any and all disputes between the Parties. Whether litigation or nonbinding arbitration, or any other form of dispute resolution, the venue, jurisdiction, and governing law shall Venue for disputes shall be via arbitration or the courts in either Broward or Goshen County, Wyoming. Parties waive any or arguments for non convenes.
ENTIRE AGREEMENT IN CONJUNCTION WITH THE TERMS AND CONDITIONS LOCATED HERE:
ANY AND ALL PRIOR COMMUNICATION, WHETHER WRITTEN OR ORAL, IS MERGED HERE INTO AND REMERGED HEREIN WITH EVERY SINGLE TRANSACTION BETWEEN YOU AND US AND ONLY THIS AGREEMENT AND THE CONTRACTOR TERMS AND CONDITIONS INCORPORATED HEREIN AT THE LINK ABOVE ARE APPLICABLE TO ANY AND ALL TRANSACTIONS AND INTERACTIONS YOU HAVE WITH COMPANY.
EXPENSES: All direct expenses incurred by Subcontractor related to the Assignments shall be the responsibility of Subcontractor and shall not be reimbursed by Company unless specifically agreed to in advance by Company.
TERM: This Agreement shall commence immediately; however, either party may terminate this Agreement upon giving fourteen (14) days prior written notice of such termination The initial term of this Agreement shall be for (i) a period of one (1) year, commencing on the Effective Date and automatically renew and continue for additional one (1) year periods until (ii) termination as provided herein.
TERMINATION: In the event of written notice of termination by Company, such termination shall be immediately effective; however, all obligation of payment(s) by Company to Subcontractor will continue to exist for twenty- four (24) months following termination in the event of a successfully closed Assignment in which Company receives requisite consideration.
CONFIDENTIALITY: Subcontractor acknowledges that during the term of this Agreement, Subcontractor will acquire certain information deemed confidential (the “Confidential Information”) by Company or the Assignments, and Subcontractor agrees to use its best efforts to maintain the confidentiality of this data and information, unless at any point in time Subcontractor is legally compelled to disclose Confidential Information by a court of competent jurisdiction. Furthermore, Subcontractor hereby covenants and agrees that it will not directly or indirectly disclose, allow access to, transmit or transfer the Confidential Information to any third party without Company’ prior consent. Furthermore, Subcontractor shall, upon termination or upon request by Company, immediately return the Confidential Information and all copies thereof in any form whatsoever, including electronic storage, under the power or control of Subcontractor to Company.
RELATIONSHIP: Subcontractor understands and agrees that Subcontractor is an independent contractor and nothing in this or any other agreement between Subcontractor and Company shall be construed to create the relationship of employee and employer, principal and agent, joint venturer, or similar.
INDEMNIFICATION: CONTRACTOR agrees to indemnify and hold harmless the Company and its affiliates and their directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) any negligent, reckless or intentionally wrongful act of CONTRACTOR, (ii) any breach by the CONTRACTOR of any of the covenants contained in this Agreement, (iii) any failure of CONTRACTOR to perform the Services in accordance with all applicable laws, rules and regulations, or (iv) any violation or claimed violation of a third party’s rights by the CONTRACTOR.
THE NONS: NON-DISCLOSURE, NON-COMPETITION, NON-DISPARAGEMENT, NON-CIRCUMVENTION, NON SOLICITATION:
ETHICS: CONTRACTOR acknowledges that it must perform its obligations hereunder by knowledgeable, trained and qualified personnel in accordance with the highest professional standards consistent with the principles of good conduct and business ethics in order to protect and enhance Company or Company’s Clients’s reputation and goodwill as more specifically set forth below. CONTRACTOR further acknowledges that unequivocal and absolute compliance with this Ethics Compliance Statement is a condition precedent to payment under this Agreement and that any violation or breach of any term may result in immediate termination of this Agreement for cause by Company or Company’s Clients and a forfeiture of all rights hereunder inclusive of any right to payment of Cash Advance Compensation, Residual Compensation, commissions, fees or other compensation.
1. CONTRACTOR shall maintain the highest standards of professionalism and shall comply with this Agreement and Company or Company’s Clients’ policies at all times.
2. CONTRACTOR acknowledges that Company or Company’s Clients must approve all advertising and marketing materials prior to use.
3. CONTRACTOR shall be truthful and shall not engage in any misleading or deceptive sales practices.
4. CONTRACTOR shall provide sound professional advice in all sales presentations and sales calls in a positive manner, relying upon its abilities and the value of Company or Company’s Clients to obtain Merchants and shall remain knowledgeable of modifications and additions to Company or Company’s Clients Programs.
5. CONTRACTOR shall conduct due diligence on Merchants and complete all site inspections truthfully. CONTRACTOR shall accurately report the nature of any business in which a prospective Merchant is engaged. CONTRACTOR shall not manipulate or alter any documentation submitted by a Merchant.
6. CONTRACTOR shall promptly report to Company or Company’s Clients any notice it receives of any change in any Merchant’s business which might expose Company or Company’s Clients or any Clients to financial risk or if Merchant fails to comply with stated policies.
7. CONTRACTOR shall quote all rates and charges consistent with the rate guidelines received through Company or Company’s Clients’ submission to a Client and provided by Company or Company’s Clients to CONTRACTOR.
8. CONTRACTOR shall assure that all payments are properly made payable to Company or Company’s Clients or Client, whichever is appropriate as determined by Company or Company’s Clients, and not to CONTRACTOR personally.
9. At no time shall CONTRACTOR demean or disparage Company or Company’s Clients or its or CONTRACTOR’s competition.
10. CONTRACTOR shall maintain the confidentiality of information provided by any Merchant and Company or Company’s Clients and shall not reveal any such information without the proper consent, except to Company or Company’s Clients. I will maintain the confidentiality of information provided to me by any prospect, customer, or Company or Company’s Clients and will not reveal any such information without proper consent except to Company or Company’s Clients and its agents.
Ethics Code Monitoring
While Company or Company’s Clients is confident that its agents will comply with the ethical guidelines outlined in this statement, Sales Agent understands that periodic audits and monitoring may take place to ensure the highest standards are met.
Where appropriate and legal, telephone sales calls may be monitored.
Pending and completed files may be audited on a periodic basis, and signatures compared to source documents to ensure their validity.
Ethics Code Violations
COMPANY OR COMPANY’S CLIENTS considers any violation of the ethics code to be a serious breach of contract, and will result in disciplinary action. Based on the seriousness of the violation, the following actions may be taken:
Disciplinary action may range from a formal written warning to be maintained on file, to immediate termination of employment.
Forfeiture of all residual income.
Full liability to Company or Company’s Clients for repayment of collection costs, legal fees, and any other cost resulting directly or indirectly from the ethics code violation.
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Privacy Policy
Libex respects and is committed to protecting your privacy. This Privacy Notice describes the types of information we may collect from you when you visit Libex.com (the “Site”), how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information.
Please read this Privacy Notice carefully. By using the Site, you agree to the terms of this Privacy Notice. If you do not agree with the terms of this Privacy Notice, please do not use the Site.
Information We Collect and How We Use It
We may collect personal information from you, meaning information about you that can uniquely identify you, if you choose to provide us with such information. We may also collect information about you that does not uniquely identify you if you choose to provide us with such information. For example, if you register as a Libex member, we may collect your email address, telephone number, state of residence, zip code, net worth information, whiskey and taste preferences, and other information. Additionally, when you access the Site using a mobile device, we may collect and process real-time information about the location of your device if you consent to allow us to do so. WE DO NOT EVER SELL YOUR PERSONAL INFORMATION OR E-MAIL ADDRESS TO THIRD PARTIES.
We may use the information we collect to:
process and complete your transactions including, as applicable, order confirmation, billing, enrollment in our membership or other programs, and delivering products;
customize the content and/or layout of our Site for each individual member, including providing you with personally tailored special offers, programs, and promotional information;
contact members regarding their orders or accounts;
send you text messages regarding status of your orders if you enroll in our text messaging service;
register members to receive emails or other information or materials they request;
respond to questions and comments and provide customer support;
communicate with members about our promotions and other services, and provide information to you about programs, products, or services that we believe may be of interest to you, or share with you special offers from specially selected business partners of ours;
operate, evaluate, and improve our business and the products and services we offer;
enforce our Terms & Conditions and other agreements; and
comply with applicable legal requirements or obligations and industry standards.
We may enable you to sign into the Site via social networks or access social networks through the Site. If you do so, your use of the social network is governed by such social network’s terms and conditions and privacy policies. If you sign into the Site via a social network or access a social network through the Site, you may be asked to grant Libex access to certain information from your social network profile. We may use this information to help you personalize your experience with the Site, to suggest new features and content that may be relevant to you, or for statistical or other business purposes.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
We may enable third parties to collect information in connection with our Site. This Privacy Notice does not apply to, and we are not responsible for, any collection of information by third parties on our Site.
Cookies
When you visit the Site, we may also collect certain information by automated means, such as through the use of cookies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We also may use third-party website analytics tools (such as Google Analytics), that collect information about user traffic on the Site. The information we collect by automated means may include, but is not limited to, the following:
information about the devices you use to access the Internet (such as the IP address and the type of the device, operating system, and web browser);
dates, times, and duration of visits to the Site (including whether you are a registered member or first time visitor); and
information on actions taken on the Site (such as page views and site navigation patterns).
We use cookies to store members’ preferences, record session information, record user-specific information on what pages members access or visit on the Site, alert members to new information that we think may be of interest to them when they return to our Site, and customize web page content based on a member’s browser type or other information we collect.
How We Respond to Do Not Track Signals
Your web browser may let you choose your preference as to whether you want to allow websites to collect personal information over time about your online activities across different websites or online services. At this time our Site does not respond to the preferences you may have set in your web browser regarding the collection of your information, and our Site may continue to collect information in the manner described in this Privacy Notice.
Information We Share
We may disclose aggregated information about our users without restriction. We may disclose your personal information to our contractors, service providers and other third parties we use to support our business. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. We may also disclose your personal information to: (i) comply with court orders, laws, or legal process, including to respond to government or regulatory requests; (ii) enforce or apply our Terms & Conditions and other agreements; and/or (iii) if we believe disclosure is necessary or appropriate to protect our or others’ rights, property, or safety.
We may also disclose your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Notice.
Changes to our Privacy Notice
From time to time, Libex may update this Privacy Notice. If our information practices materially change at some time in the future, we will post the policy changes to our Site to notify you of these changes, and we will only use data collected from the time of the policy change forward for these new or different purposes. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Site and this Privacy Notice to check for any updates or changes.
OUR SECURITY PROCESS
While we cannot guaranty the security of our site and data, we attempt to use industry-best practices to protect the data and information that we collect. We currently use OKTA as a third-party security partner to monitor and secure our site.
YOUR CHOICES
Marketing Emails
Individuals who have elected to receive Libex’s informational emails, including newsletters about wine deals, can choose to opt-out at any time by clicking on the "Unsubscribe" link at the bottom of each email. Libex members can also opt out from newsletters logging into the Site and visiting the Account section.
Cookies
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the Site’s features.
Location Information
You can restrict our collection and use of real-time information about your device’s location through the device’s privacy settings.
Web Analytics
You may opt-out of the aggregation and analysis of data collected about you on our Site by our web analytics vendor by visiting
tools.google.comm/dlpage/gaoptout and downloading and installing the Google Analytics Opt-out Browser Add-on.
Children Under the Age of 21
The Site is not directed to, and we do not knowingly collect or solicit personal information from, anyone under the age of 21. If we learn we have collected or received personal information from a anyone under the age of 21, we will delete that information. If you believe we might have any information from or about anyone under the age of 21, please contact us.
Contact Us
If you have any questions about this Privacy Notice or our privacy practices, please write, phone or email us via the contact information below:
Libex DIrect, LLC.
449 Main Street Torrington, WY 82240
(307) 218-3605
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At Libex, we are committed to providing our customers and clients with a great experience.
If, for any reason, you are not completely satisfied with your Libex account, we will do everything we can to make it right. Please reach out to your Account Manager if you have issues, dissatisfaction, questions, or even if you just want to talk.
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This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used. This Cookies Policy has been created with the help of the Cookies Policy Generator.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.
We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Cookies Policy:
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Cookies Policy) refers to Libex, 499 Main Street, Torrington, Wyoming 82240.
Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
Website refers to Libex, accessible from www.libex.com.
You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.
The use of the Cookies
Type of Cookies We Use
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.
For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser’s official web pages.
More Information about Cookies
You can learn more about cookies here: All About Cookies by TermsFeed.
Contact Us
If you have any questions about this Cookies Policy, You can contact us:
By email: info@libex.com
Disclaimer
To make purchases through Libex you must be at least 21 years of age.
1. The information on this website is purely for information, Libex are not financial advisers or tax experts. Please contact a financial advisor or tax expert if you are looking for advice on the above.
2. The information on our website and in our brochure is purely informational so that you can make an informed decision on whether purchasing cask whisky is suitable for you. We always suggest you speak to a financial advisor regarding purchasing cask whisky.
3. Please be aware the value of your whiskey can go up as well as down.
4. We ensure that all casks are kept safe and secure at all times. For whatever reason there was damage to your casks it will be Libex’ responsibility to replace them for you with a cask of similar value.