Terms of Use

Acceptance of the Terms of Use:

Welcome to the website of BrewStubs®, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of website BrewStubs®.com, any sub-domains thereof, API integrations or widgets we offer, messaging, mobile applications (including the BrewStubs® application, the "Mobile Application"), or any of the services or features accessible therein, and any other website or web pages we own or operate that include a link to this statement and any services provided through our website (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website or Mobile Application. By using the Website, Mobile Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at BrewStubs®.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Mobile Application.

The Website and Mobile Application is offered and available to users who are 21 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.


Changes to the Terms of Use:

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Mobile Application thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website and Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


Accessing the Website and Mobile Application and Account Security:

We reserve the right to withdraw or amend this Website and Mobile Application, and any service or material we provide on the Website or Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Mobile Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Mobile Application, or the entire Website or Mobile Application, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website and/or Mobile Application.
  • Ensuring that all persons who access the Website or Mobile Application through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or Mobile Application, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Mobile Application that all the information you provide on the Website and Mobile Application is correct, current and complete. You agree that all information you provide to register with this Website or Mobile Application or otherwise, including but not limited to through the use of any interactive features on the Website and Mobile Application, is governed by our Privacy Policy BrewStubs®.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, Mobile Application, or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Content and Services:

The Website or Mobile Application may provide you with access to certain products and services accessible thereon, and certain features, functionality and content accessible on or through the Website alone or via a Mobile Application, including the ability to purchase event tickets and brewstubs or tickets redeemable for a specified product and other such functionality as may be available (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by these Terms of Use and the Privacy Policy located at BrewStubs®.com/privacy which are incorporated herein by this reference.

You acknowledge and agree when making any purchase via the Content and Services that that Company is merely facilitating a transaction between you and a third party, and in the case of any event ticket, brewstub, or other ticket purchased via the Content and Services you acknowledge and agree that such event ticket, brewstub, or other ticket are being purchased from the event producer, brewery, or other third party provider of the product, and not from the Company.

You acknowledge that delivery of any event ticket, brewstub, or other ticket may be accomplished via email, SMS, or text message. Such delivery may be accomplished via a third party service provider. Standard messaging rates may apply, and you hereby agree that BrewStubs®, Inc. bears no responsibility for the payment of such charges.

Unless otherwise determined by the event producer, specific brewery or other third party providing the product, all event tickets, brewstubs, or other tickets shall expire on the one-year anniversary of their purchase date. Any event ticket, brewstub, or other ticket that is purchased for a specific limited-release event product will only be valid for the timeframe indicated at the time of purchase. At the discretion of the brewery or other third party providing the product, such a limited-release brewstub or ticket may be exchanged after such timeframe, but prior to expiration, for an alternate product to be determined by the brewery or other third party providing the product.

Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Privacy Policy, Terms of Sale and Subscription, and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the Website's features and functionality or redeeming an event ticket, brewstub, or other ticket. Any violation of such Privacy Policy, Terms of Sale and Subscription will also be deemed a violation of this Agreement.

You agree that you will comply with all applicable laws, rules, and regulations and that you will not use the Sites for any unlawful purpose. Furthermore, you agree that upon arrival at the designated brewery or other third party location providing the product, you agree to comply with all of such location’s rules, policies, terms, and conditions. Failure to comply with these rules may result in removal from the premises. Event or location management reserves the right to refuse admittance and/or remove any individual whose behavior is believed to be questionable. Removal from the premises cancels any event ticket, brewstub, or other ticket and forfeits any claim to a refund of the event ticket, brewstub, or other ticket price or any associated service or delivery fees. You further acknowledge that sale of alcohol is restricted by age, and that you must verify your age at the location at the time of brewstub redemption.

Purchase of a event ticket, brewstub, or other ticket from, or sale of a event ticket, brewstub, or other ticket to, any third party is not authorized. Unlawful resale of any event ticket, brewstub, or other ticket is grounds for seizure and cancellation without compensation. An event ticket, brewstub, or other ticket shall not be used for advertising, promotions, contests, or sweepstakes without the prior written consent of BrewStubs®, Inc. Brewstubs not purchased electronically carry risk of being fraudulent. BrewStubs®, Inc. is not responsible for any inconvenience caused by unauthorized duplication. In the event that duplicate copies are presented, the event producer or brewery reserves the right to refuse redemption to all event ticket, brewstub, or other ticket holders and may optionally refund the original event ticket, brewstub, or other ticket buyer the face value of the event ticket, brewstub, or other ticket. This refund will represent full reimbursement.


Intellectual Property Rights:

The Website, Mobile Application, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and the Content and Services, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not:

  • Modify copies of any Content or Services;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • copy and Content and Services, except as expressly permitted by this license;
  • modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Content and Services;
  • reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website, Mobile Application or any part thereof;
  • remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, Mobile Application, or any Content and Services, including any copy thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website and Content and Services or any features or functionality of the Website, Mobile Application and Content and Services, to any third party for any reason; or
  • remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website or Mobile Application.

No right, title or interest in or to the Website and Mobile Application or any content on the Website and Mobile Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and Mobile Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


Trademarks:

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website and Mobile Application are the trademarks of their respective owners.


Your responsibilities:

You shall not copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Website or Mobile Application or the Content and Services in order to ascertain, derive, or appropriate for any reason or purpose, the object code, source code or source listings for the Website or Mobile Application or any other trade secret information or process contained in the Website or Mobile Application without the prior express written consent of Company. You shall not create derivative works based on the Website or Mobile Application; copy, frame or mirror any part or content of the Website or Mobile Application, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes; access the Website or Mobile Application in order to build a competitive product or service; or copy any features, functions or graphics of the Website or Mobile Application without the prior express written consent of Company.

You shall not alter or remove any notices, graphics or text contained on or in the Website or Mobile Application; or modify the Website or Mobile Application in any form, without the express written consent of Company. Any modifications you make to the Website or Mobile Application will remain the property of Company and/or its licensor(s).

You shall not make the Website or Mobile Application available to any third party users; You shall not sell, resell, rent or lease the Website or Mobile Application or any right to access or use the Website or Mobile Application; You shall not use the Website or Mobile Application to store or transmit infringing, libelous, or otherwise unlawful or tortious materials, material in violation of third-party privacy rights, or malicious code of any kind; You shall not interfere with or disrupt the integrity or performance of the Website or Mobile Application or third-party data contained therein; and You shall not attempt to gain unauthorized access to the Website or Mobile Application or its related systems or networks.


Prohibited Uses:

You may use the Website and Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and Mobile Application:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or Mobile Application or expose them to liability.
Additionally, you agree not to:
  • Use the Website and Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Mobile Application, including their ability to engage in real time activities through the Website or Mobile Application.
  • Use any robot, spider or other automatic device, process or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
  • Use any manual process to monitor or copy any of the material on the Website or Mobile Application or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website or Mobile Application.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Mobile Application, the server on which the Website is stored, or any server, computer or database connected to the Website or Mobile Application.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or Mobile Application.


User Content:

BrewStubs® may host, or make available via a third party application, reviews, message boards, blogs, social media connectivity, and other forums (collectively, “Social Outlets”) and you may be able to submit comments, reviews, photographs, video recordings, or other materials to the Social Outlets or other areas of the Sites (“User Content”).

By submitting User Content, you certify that you are at least 21 years old.

You own all rights to your User Content. If you submit User Content to the Website or Mobile Application, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. The Company reserves the right to remove any of the User Content from the Sites at any time, and for any reason, without notice.

Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Website or Mobile Application and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

We will have the right (but not the obligation) to monitor the Website or Mobile Application, the Social Outlets and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Website or Mobile Application properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. We reserve the right to remove any User Content, at any time, and for any reason or no reason at all.


No Refund or Exchange:

The price displayed on the event ticket, brewstub, or other ticket represents the face value of the event ticket, brewstub, or other ticket and does not include all service and delivery fees where applicable. Lost and/or stolen brewstubs will not be honored. All orders are final - NO REFUNDS, NO EXCHANGES. The event tickets, brewstubs, or other tickets are for purchase or transfer by electronic means only. Notwithstanding the foregoing, some breweries have differing rules regarding the ability to refund and/or exchange your purchased brewstub. You purchase of the event ticket, brewstub, or other ticket is a transaction between you and the event producer, brewery, or other third party providing the product, and following purchase, the event producer, brewery or other third party providing the product is the SOLE AND EXCLUSIVE source of refund for ANY REASON, and you hereby release Company any and all liability related to the event ticket, brewstub, or other ticket following the purchase thereof.


Reliance on Information Posted:

The information presented on or through the Website or any Mobile Application, include all Content and Services are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on all Content and Services by you or any other visitor to the Website or use of any Mobile Application, or by anyone who may be informed of any of its contents or any of the Content and Services.


Changes to the Website and Mobile Application:

We may update the content on this Website or Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Mobile Application may be out of date at any given time, and we are under no obligation to update such material. Updates may modify or delete in their entirety certain Content or Services or other features of functionality of the Website or Mobile Application. You agree that Company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality of the Website or Mobile Application.


Information About You and Your Visits to the Website and use of Mobile Application:

All information we collect on this Website and Mobile Application is subject to our Privacy Policy BrewStubs®.com/privacy. By using the Website and Mobile, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Social Media:

As part of the functionality of the Website and Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Website or Mobile Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.


Guidelines For Reviews:

We may provide you areas on the Website or Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.


Submissions:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


Linking to the Website and Social Media Features:

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.


Third-Party Materials and Third Party Indemnification Obligations:

The Website, Mobile Application and Content and Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.


Geographic Restrictions:

The owner of the Website and Mobile Application is based in the state of Texas in the United States. We provide this Website and Mobile Application for use only by persons located in the United States. We make no claims that the Website, Mobile Application or any of its content is accessible or appropriate outside of the United States. Access to the Website or Mobile Application may not be legal by certain persons or in certain countries. If you access the Website or Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Payment Terms and Conditions for Content and Services:

Certain Content and Services can be purchased by a Customer. These purchases can be made by the Customer through the Company Website or Mobile Application and are subject to the Terms of Sale and Subscription found at BrewStubs®.com/tos.


Disclaimer of Warranties:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Website or Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND MOBILE APPLICATION, ITS FUNCTIONS AND FEATURES, ACCESS TO ANY CONTENT AND SERVICES UNDER ANY SALE, OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION IS AT YOUR OWN RISK. THE WEBSITE, MOBILE APPLICATION, AND THEIR FUNCTIONS AND FEATURES, CONTENT AND SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, MOBILE APPLICATION OR THEIR CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, MOBILE APPLICATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY OR FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. FURTHERMORE, THE COMPANY DISCLAIMS ANY AND ALL WARRANTEES RELATED TO ANY EVENTS, THE TICKETS TO WHICH ARE OBTAINED THOUGHT THE CONTENT AND SERVICES, AND ANY PRODUCTS PURCHASED VIA THE CONTENT AND SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability:

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, MOBILE APPLICATION, OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR THE MOBILE APPLICATION OR ANY CONTENT AND SERVICES OR ITEMS OR EVENTS, THE TICKETS TO WHICH WERE OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE,

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Mobile Application, including, but not limited to, your User Contributions, any use of the Content and Services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website or Mobile Application, or any chargebacks or other fees charged by any financial institution as a result of you seeking a refund from Company rather than the brewery or other third-party product provider. Furthermore, you agree that BrewStubs®, Inc. assumes no responsibility for the content you submit or make available through the Website or Mobile Application.


Governing Law and Jurisdiction:

All matters relating to the Website, Mobile Application, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, Website or Mobile Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas located in the city of Austin, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability:

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement:

The Terms of Use and our Privacy Policy, Terms of Sale, and any Mobile Application End User License Agreement constitute the sole and entire agreement between you and BrewStubs®, Inc. with respect to the Website and Mobile Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.


Digital Millennium Copyright Act (DMCA) Notice And Policy


Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Website or Mobile Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website or Mobile Application are covered by the Notification, a representative list of such works on the Website or Mobile Applciation; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.


Counter Notifications

If you believe your own copyrighted material has been removed from the Website or Mobile Application as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
ATTN: Copyright Notification BrewStubs®, Inc.
301 Lander Lane
Dripping Springs, TX 78620


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