TERMS OF USE


1. By entering this website, www.americanbadassbeer.com (the “Site”), you acknowledge and agree you are bound by these Terms of Use and the American Badass Beer Company’s (the “Company”) Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, do not enter the Site.

2. THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN THE UNITED STATES IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF THE UNITED STATES, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED. YOU MUST BE 21 YEARS OF AGE OR OLDER TO ENTER THIS SITE. IF YOU ARE UNDER THE AGE OF 21, THEN ACCESS TO THIS SITE AND ALL CONTENT CONTAINED THEREIN IS STRICTLY PROHIBITED. PRIOR TO ENTERING THE SITE YOU MUST VERIFY YOUR DATE OF BIRTH.

3. All Site Content (other than links to unrelated third party websites) is either owned or controlled by the Company, used under license to the Company or otherwise used with permission, and is protected by applicable intellectual property laws (including trade dress, copyright, patent and trademark laws). For purposes of these Terms of Use, “Content” means and includes, without limitation, all audio, video, artwork, text, graphics, images, photographs, computer code, the “look and feel” of the Site, user and visual interfaces, trademarks and logos. Unless specifically provided for on the Site, you may not reproduce, copy, post, modify, mirror, transmit, republish, upload, download, publicly display, encode, translate, transmit or distribute in any way any Content or portion of this Site without the express prior written consent of the Company, which consent may be given or withheld by the Company in its sole and absolute discretion.

4. While the Company uses its reasonable efforts to ensure that the Content is updated and correct, YOUR USE OF THIS SITE (INCLUDING ALL LINKS TO THIRD PARTY WEBSITES AND ANY THIRD P ARTY CONTENT PROVIDED HEREIN) IS A T YOUR OWN RISK. ALL MA TERIALS PROVIDED ON OR WITH RESPECT TO THE SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT THE SITE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, AND THAT ANY ERRORS ON THE SITE WILL BE CORRECTED.

5. You shall not post or transmit to this Site any information or materials to which you have no rights and/or any information or materials that are obscene, profane, pornographic, defamatory, libelous, unlawful, threatening or objectionable (including, without limitation, any materials that could encourage unlawful or criminal conduct, the excessive consumption of alcohol, or anything that is defamatory to the Company or to any other third party). While the Company may from time to time review materials posted to the Site by users, the Company is not responsible for any such materials posted by users. The Company shall have the right at any time and from time to time to disclose any information it deems necessary to satisfy any law, regulation or government request, and to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole and absolute discretion is objectionable.

6. The materials and information provided by you (no matter how or in what manner transmitted or provided) to this Site shall not be treated as, or considered to be, either confidential or proprietary in any way and may be used by the Company at any time for any reason and without compensation to you. Any photographs, information or materials submitted to the Site become the sole property of the Company and shall not be returned. With respect to any photograph submitted to the Site, you hereby represent and warrant to the Company that: (a) such photograph has been taken by you and that you are the owner of such photograph; (b) such photograph is your original creation and has not be copied in whole or in part from any other work or creation; (c) such photograph was taken lawfully and does not infringe upon the intellectual property rights (including rights of privacy or publicity) of anyone else; (d) you have obtained from each person whose image appears in such photograph, the written permission, consent and/or release (including a waiver of all “moral” or “droit moral” rights therein by you and each such person) to the posting and transmittal of such photograph to the Site and to the Company’s use and exploitation of the image and likeness of each such person shown therein; (e) each person depicted in such photograph is at least 21 years of age; (f) the photograph does not depict any competitive products, illegal activity or any other content that would otherwise be prohibited by these Terms of Use or otherwise. Upon submission of such photograph to the Site, you hereby grant the Company (i) the perpetual, irrevocable, transferable and fully sublicensable, royalty free right and license to use, duplicate, distribute, transmit, communicate to the public, edit, and/or modify or otherwise use such photograph (whether in connection with the Site, by Company affiliates, for promotional purposes or otherwise) in any form of media throughout the world and without compensation to you or anyone else; (ii) the right to exercise all copyrights, rights of publicity and/or other intellectual property rights associated with such photographs; and (iii) the right to use your Personal Information (as defined in our Privacy Policy) in connection with the submission of such photograph. You shall take any and all actions that we deem reasonably necessary to give effect to or otherwise perfect the rights granted to the Company hereunder. The Company reserves the right to remove any photographs posted to the Site at any time for any reason.

7. While this Site may have links to other websites, the provision of such links does not constitute and shall not be considered an endorsement, approval or certification by the Company of such websites or any of the content contained therein, and the provision of such link shall in no way be construed as an association between the Company and such website or the owners thereof unless specifically stated otherwise. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SUCH SITES IS AT YOUR OWN RISK. You shall not, without the prior written consent of the Company, which consent may be given or withheld in the Company’s sole and absolute discretion, link this Site to any other website.

8. From time to time, products may be offered for sale on the Site. Upon initiating a product purchase on the Site, you may be asked to supply certain Personal Information (as defined in the Privacy Policy). The use of that Personal Information shall be governed by the terms of the Privacy Policy. Verification of your Personal Information may be required before we can acknowledge and complete any such purchase. Your submission of such Personal Information to the Site constitutes your representation and warranty that the payment information you provided is yours and that you have the legal rights to the use thereof. We have the right at any time to refuse to permit a purchase of any product offered for sale on the Site for any reason. It shall be your responsibility to pay the applicable price (including all fees and other charges such as shipping and handling and taxes) in effect at the time of purchase for products purchased from the Site. Except as otherwise specified herein or required by applicable law, all sales through the Site are final and all costs and charges are non-refundable; and your sole and exclusive remedy for products that are not delivered within a reasonable period of time shall be the replacement of such product or a refund of the purchase price paid for such product.

9. If products are made available for download from the Site, then your payment for and downloading of such products shall not constitute a grant or waiver by the Company or any other person of any intellectual property rights with respect thereto or with respect to any intellectual property rights embedded therein.

10. Any violation by you of these Terms of Use may subject you to civil or criminal penalties and may cause irreparable harm to the Company for which monetary damages would be inadequate. Accordingly, in addition to any other rights and remedies available to the Company, whether at law or in equity, the Company shall have the right to seek injunctive or equitable relief.

11. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR CONNECTED WITH YOUR USE OF THIS SITE (OR ANY INFORMATION OR CONTENT PROVIDED ON THIS SITE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. You shall indemnify and hold the Company, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against the Company by any third party due to or arising out of or in connection with the breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained in Section 6 above) or use of the Site.

13. Any litigation between you and the Company arising under or pertaining in any way to the use of this Site, the content thereof and the links to other websites shall be governed and construed in accordance with the laws of the State of Michigan and the courts of Michigan shall have the exclusive jurisdiction over all such litigation.

14. It is the Company’s policy to remove from the Site any materials known by the Company to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide the Company with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) 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 the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) 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 (f) 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. The Company shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement.

15. The Company may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination.

16. If any provision of these Terms of Use is held unenforceable or in conflict with the law of any jurisdiction, such part or provision will be considered deleted herefrom as of the date that it became unenforceable or in such conflict, and the remaining provisions shall remain in full force and effect. These Terms of Use (together with the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior agreements, undertakings, representations and/or warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

17. The Company reserves the right at any time or from time to time, in its sole and absolute discretion, to alter, modify, amend, change, add or remove all or any portion of these Terms of Use and the Privacy Policy. You shall have the responsibility to review these Terms of Use and the Privacy Policy from time to time to check for such modifications. Each entry into the Site shall constitute your acceptance of these Terms of Use and the Privacy Policy as so modified.