LAST UPDATED: February 11, 2021
This Website is offered and available to users who are at least eighteen (18) 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.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Internet and the Website.
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 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.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all trade dress, marks, logos, names and other brand identifying images, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers (collectively, the “Content”) of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features, pursuant to these Website Terms and any other applicable terms and conditions of such third-party social media sites.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless expressly authorized to do so, in writing, by us.
If you wish to make any use of material on the Website other than that set out in this section, please contact us regarding possible licensing arrangements.
The Company name, logos and other identifying marks and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (collectively, the “Company Marks”). You must not use any of the Company Marks without the prior written permission of the Company. Further, you may not use meta tags or any other “hidden text” utilizing any of the Company’s Marks or any other name, trademark or product or service name of the Company without our prior written consent. Additionally, the “look and feel” of the Website, including all page headers, custom graphics, button icons and scripts, are protected as service marks, trademarks and/or trade dress of the Company and shall not be copied imitated or used, in whole or in part, without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners and shall not be used except with the express permission of such mark owner.
- 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 any individual, including, but not limited to 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”, “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 email addresses 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 expose them to liability.
- To publicize without authorization, defame, embarrass, harass or terrorize any individual or entity.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website 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.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful on, in or through the Website or any of the Company’s servers.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- 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.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution that you post to the site, including, but not limited to your brand’s trademarks, names, logos and other brand identifiers, will be considered non-confidential, non-proprietary and a public communication. By providing any User Contribution on the Website, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, make derivative works of, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You hereby represent and warrant, covenant and agree that:
- You own or control all rights in and to the User Contributions and have the right to grant the perpetual, irrevocable, royalty-free, world-wide license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- No portion of any such User Contribution infringes upon or violates any other party’s rights, including, but not limited to intellectual property, publicity and/or privacy rights and that no such User Contribution will include: (a) any message, comment, data, information, text music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (b) instructions or encouragement for the commission of a criminal offense, a violation of anyone’s rights or an act which would create liability under or which would violate any local, state, national or international law; or (c) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and/or credit card numbers.
You understand and acknowledge that you are solely responsible for any and all User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable, in any way, to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. Although the Company has no obligation to screen, edit or monitor any of the User Contribution posted in any Interactive Service, the Company reserves the right and has absolute discretion to remove, screen, and/or edit any User Contribution posted and/or stored on the Website at any time and for any reason without notice. Any use of any Interactive Service or other portions of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension or your ability to use the Interactive Services and/or the Website, in the Company’s sole discretion and judgment.
Further, you hereby acknowledge and agree that the Company may access, use and/or disclose any information about you and/or your use of this Website, including, but not limited to, any User Contribution to comply with the law or any legal process, to protect and defend the rights or property of the Company, and/or to protect the safety of the Company, its employees, customers or the public.
In the event that you post a User Contribution on the Website, you acknowledge, covenant and agree that you grant to the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, make derivative works from, distribute, perform and display such User Contribution(s) through the world in any media.
Registration and Subscription
You may be required to register your information with the Website, either as part of accessing your account with the Company or in connection with your use of the Website. In such case, you agree to: (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Website (“Registration Information”); (b) maintain and promptly update the Registration Information you provide to the Company, to ensure its continued accuracy and completeness; (c) maintain the security of your username and password; (d) notify the Company immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including, but not limited to, all applicable taxes and any applicable third-party fees; and (f) accept all risks of unauthorized access to the Registration Data and any other information that you provide to the Company.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Website Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is 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 such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may, from time to time, include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Maryland in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. IF YOU ARE A EUROPEAN UNION RESIDENT OR BUSINESS YOU ARE STRICTLY PROHIBITED FROM USING THIS WEBSITE AND/OR SUBSCRIBING AND/OR PURCHASING GOODS AND/OR SERVICES FROM US.
No Business with EU Residents or Businesses.
No Alcohol Sales
We do not sell, offer to sell or solicit sales of alcohol. We are merely a software developer business acting as a conduit through which breweries and potential customers can connect and do business. Our service enables potential brewery customers to search online for alcohol and related products available for sale by licensed alcohol retailers that also use our service to promote and sell their products to end-consumers. Our service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcoholic beverages to any end-consumer or buyer of such products or to facilitate any improper exclusionary practices by any alcoholic beverage licensee. You are solely responsible for ensuring that you are complying with any and all applicable federal and state liquor laws and laws related to the sale, delivery and consumption of alcoholic beverages. We shall not be liable in any way for your non-compliance with same and in the event that we incur any damage, harm, injury are made the subject of any suit, claim, action, demand and/or judgement or incur costs, fees and/or expenses, including, but not limited to court costs and/or attorneys’ fees as a result of your non-compliance with same, you hereby agree to indemnify, defend and hold us harmless from same. By using the Website, you are representing and warranting your full compliance with same and waiving and releasing any right that you may have or could have to pursue any claim against us in connection with same.
Our service maybe limited or not available at all in some jurisdictions due to legal and other restrictions. When end-customer users of our service order products through our service, they are purchasing such product from the manufacturer, not from us. We do not guarantee any shipping and/or delivery times nor are we liable, in any way, for the actions, products and/or content of our brewery/manufacturer users.
Additional Taxes and Fees
Sellers of product through our service set the price of their products and may charge you additional fees, such as shipping and/or delivery fees, redelivery fees, and/or restocking fees. Your order through our service may be subject to additional jurisdiction-specific taxes and/or fees. Additionally, when you use our service, you may incur separate and additional charges by your wireless and/or Internet provider(s). Please note that any tax amounts referenced on the Website are mere estimates. The amount of tax ultimately charged will be calculated when your method of payment is authorized and will be set forth in your final product receipt.
Additional Apple Device Terms
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, 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, ANY WEBSITES LINKED TO IT, ANY CONTENT ON 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER, IN THE EVENT THE COMPANY IS DEEMED LIABILE FOR ANY DAMAGE TO YOU, HEREUNDER, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY COMPENSATION THAT YOU PAY TO THE COMPANY BY WAY OF LICENSING, PURCHASING AND/OR MEMBERSHIP.
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 Website Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Website Terms or your use of any information obtained from the Website.
Governing Law and Jurisdiction
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Website Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE WEBSITE TERMS OR THE WEBSITE 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
If any provision of these Website Terms 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 Website Terms will continue in full force and effect.
Your Comments and Concerns
This website is operated by BrewScout, LLC, which is located at 11140 Rockville Pike, Suite 100-673, Rockville, Maryland 20852. You may reach the Company with any comments or questions by electronic mail at: firstname.lastname@example.org or by telephone at: 240.753.0556.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us by electronic mail at: email@example.com.