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TERMS AND CONDITIONS 

Effective as of July 8, 2014

These Terms of Use govern access to and use of the bostonbeer.com and Boston Beerprovisions.com Web sites as well as the Boston Beer mobile apps or service offerings allowing connection to Boston Beer’s mobile-enhanced versions of its online Web sites (together, the “Boston Beer Electronic Platforms”). The Boston Beer Electronic Platforms are hosted by or for Boston Beer, Inc. and its parent, subsidiaries and affiliates (with such entities referenced herein collectively as “Boston Beer” or with “we” or “us”).

IMPORTANT – This is a legal agreement between you (referenced herein with “you, “your,” or “user”) and Boston Beer. As a condition to using the Boston Beer Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the “Agreement”). Please read this entire Agreement carefully. Boston Beer IS WILLING TO ALLOW ACCESS TO AND USE OF THE Boston Beer ELECTRONIC PLATFORMS AND PROVIDE ITS RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE Boston Beer ELECTRONIC PLATFORMS AND ARE INSTRUCTED TO EXIT IMMEDIATELY.

By downloading, accessing, or using the Boston Beer Electronic Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Boston Beer Electronic Platforms. In addition, when you use any future version of the Boston Beer Electronic Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.

Please also note that Boston Beer reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Boston Beer Electronic Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.

 

Privacy

The operation of certain areas of the Boston Beer Electronic Platforms requires or involves the submission, collection, use, or dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the Boston Beer Electronic Platforms, you acknowledge and agree that your use of the Boston Beer Electronic Platforms will constitute acceptance of Boston Beer's personal identifying information collection and use practices. Please see Boston Beer's Privacy Policy for a summary of Boston Beer's personal identifying information collection and use practices.

 

Orders

Boston Beer does sell products for children, but it does not allow children to directly purchase products, themselves, from the Boston Beer Electronic Platforms. Boston Beer only sells products to adults, ages 18 years and older. All service and product orders are subject to Boston Beer acceptance. Accordingly, Boston Beer reserves the right to refuse service regarding the Boston Beer Electronic Platforms, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Boston Beer believes that user conduct violates applicable law or is harmful to the interests of Boston Beer or its affiliates.

What if something I order goes on sale?

If something you purchased goes on sale within 14 days of your purchase, let us know and we will adjust the price. Contact the original place of purchase, either a Boston Beer Retail store or our Catalog/Web site for your credit options. Adjustments will be made in the original form of payment. Requests must be made within 14 days of the original ship date or store purchase date. Outlet store and promotional purchases are excluded from price adjustments.

 

Trademarks

Boston Beer and all other names, logos, and icons identifying Boston Beer and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Boston Beer and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Boston Beer is strictly prohibited, and nothing stated or implied on the Boston Beer Electronic Platforms confers on you any license or right under any trademark of Boston Beer or any third party.

 

Patents

Boston Beer’s patents include the following: change-safe pocket design (M’s Tropical Flats Pants & Shorts and Gi II Pants & Shorts) protected under U.S. patent #5,638,549; securing apparatus for clothing (glove) protected under U.S. patent #5,263,202; modular backpack and utility vest, protected under U.S. patent #5,639,005; method for manufacturing soft cloth durable luggage, protected under U.S. patent #6,003,646; wetsuit patent, protected under U.S. patents #7,395,553, 8,191,171, 7,992,218, and 7,743,428; padding system, protected under U.S. patent #8,656,514; fabric joining method and system, protected under U.S. patent #8,127,701; footwear for water sports, protected under U.S. patent #5,771,610; water sports shoe, protected under U.S. patent #D379,112; sandals, protected under U.S. patents #D375,615 and #D374,549; and reinforced fabric seam, protected under U.S. patent #8,518,511.

 

Copyright

The Boston Beer Electronic Platforms are Copyright © 2016 Boston Beer, Inc. and/or its licensors. All rights reserved.

All text, images, photographs, graphics, user interface, and other content provided on the Boston Beer Electronic Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Boston Beer or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Boston Beer also holds rights in the contents on the Boston Beer Electronic Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Boston Beer Electronic Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Boston Beer and/or its licensors or suppliers.

Nothing stated or implied on the Boston Beer Electronic Platforms confers on you any further license or right under any copyright of Boston Beer or any third party. The Boston Beer Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Boston Beer Electronic Platforms, or use the contents of the Boston Beer Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Boston Beer or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

 

Notice of Copyright Infringement

Boston Beer respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Boston Beer Electronic Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Boston Beer terminates or suspends a user’s access to or use of the Boston Beer Electronic Platforms, Boston Beer will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Boston Beer's policy to document all notices of alleged infringement upon which Boston Beer decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your work has been copied and is accessible on the Boston Beer Electronic Platforms in a way that constitutes copyright infringement, please provide Boston Beer’s Copyright Agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the Boston Beer Electronic Platforms that is requested to be removed;
  • Your name, address, and daytime telephone number, and an e-mail address if available, so that Boston Beer may contact you, if necessary;
  • A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
  • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Boston Beer’s Copyright Agent for notice of claims of copyright infringement on the Boston Beer Electronic Platforms is Boston Beer’s General Counsel, who can be reached as follows:

Boston Beer, Inc.
Attn.: General Counsel
259 W. Santa Clara Street
Ventura, CA 93001
E-mail:
 privacyandterms@bostonbeer.com 

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Boston Beer’s Copyright Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

License and Access to Boston Beer Electronic Platforms

Boston Beer grants you a limited license to access and make personal use of the Boston Beer Electronic Platforms and not to download (other than browser-required page caching) or modify the Boston Beer Electronic Platforms, or any portion of them, except with express written consent of Boston Beer. Accordingly, you expressly acknowledge and agree that Boston Beer transfers no ownership or intellectual property interest or title in and to the Boston Beer Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Boston Beer Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Boston Beer Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Boston Beer Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

The content layout, formatting, and features of and access privileges for the Boston Beer Electronic Platforms shall be as specified by Boston Beer in its sole discretion. You also acknowledge and agree to the following: (i) Boston Beer has the right to control and direct the means, manner, and method by which the Boston Beer Electronic Platforms are provided; (ii) Boston Beer may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Boston Beer in providing the Boston Beer Electronic Platforms or use thereof; and (iii) Boston Beer has the right to provide the Boston Beer Electronic Platforms to others.

Notwithstanding the license grant herein, neither the Boston Beer Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Boston Beer. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boston Beer and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Boston Beer’s name or trademarks without the express written consent of Boston Beer. Any unauthorized use terminates the permission or license granted by Boston Beer.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Boston Beer’s domain address) to any page of Boston Beer so long as the link does not portray Boston Beer or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Boston Beer logo or other proprietary graphic or trademark as part of the link without express written permission.

Other Terms and Conditions

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Boston Beer Electronic Platforms, Boston Beer shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.

 

Links to Third Party Web Sites

The Boston Beer Electronic Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Boston Beer (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Boston Beer to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Boston Beer Electronic Platforms. Boston Beer IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

 

Feedback and Submissions

Boston Beer welcomes your feedback and suggestions about Boston Beer's programs or services or with respect to how to improve the Boston Beer Electronic Platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to Boston Beer, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Boston Beer and enable Boston Beer to use such feedback. In addition, any feedback received through the Boston Beer Electronic Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Boston Beer to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

 

Mobile Services

The Boston Beer Electronic Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Boston Beer Electronic Platforms shall be in accordance with this Agreement.

 

Postings & Reviews

The Boston Beer Electronic Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the Boston Beer Electronic Platforms contain such communication forums (collectively, “Forums”), you agree that by using the Boston Beer Electronic Platforms you will not upload, post, display, or transmit any of the following materials on the Boston Beer Electronic Platforms’ Forums:

  • Anything that interferes with or disrupts the Boston Beer Electronic Platforms or the operation thereof,

  • Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,

  • Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,

  • Statements or material that violates other contractual or fiduciary rights, duties, or agreements,

  • Statements or material that is bigoted, hateful, or racially offensive,

  • Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,

  • Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,

  • Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,

  • Statements or material that harms minors,

  • Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Boston Beer,

  • Statements or material that misrepresents your affiliation with any entity and/or Boston Beer,

  • Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,

  • Chain letters or pyramid schemes,

  • Statements or materials that are deceptive or misleading,

  • Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials,

  • Statements or material that are “off-topic” for a designated Forum, and

  • Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Boston Beer Electronic Platforms.

Forums are the resources and property of Boston Beer and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Boston Beer Electronic Platforms or by otherwise using the Boston Beer Electronic Platforms to transmit or display a Posting, you automatically grant Boston Beer a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Boston Beer and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Boston Beer has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Boston Beer Electronic Platforms Boston Beer has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Boston Beer assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

Boston Beer is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Boston Beer's right and ability to delete or remove a Posting (or any part thereof), Boston Beer does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Boston Beer reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Boston Beer believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Boston Beer or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, Boston Beer may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Boston Beer Electronic Platforms.

 

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Boston Beer Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Boston Beer (provided in connection with your use of the Boston Beer Electronic Platforms). As a further condition of your use of the Boston Beer Electronic Platforms, you warrant that you will not use the Boston Beer Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Boston Beer Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Boston Beer Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Boston Beer Electronic Platforms will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Boston Beer at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Registration as a user for access to certain areas of the Boston Beer Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Boston Beer. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Boston Beer Electronic Platforms and to your account. Accordingly, by using the Boston Beer Electronic Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Boston Beer if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Boston Beer will not be liable for any loss or damage arising from your failure to comply with these obligations. Boston Beer reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.

By using the Boston Beer Electronic Platforms, you agree not to violate or attempt to violate the security of the Boston Beer Electronic Platforms, including, without limitation, actions such as:

  • Accessing data not intended for you or logging into a server or account that you are not authorized to access;

  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  • Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Boston Beer Electronic Platforms;

  • Sending unsolicited e-mail, including promotions and/or advertising of products or services; and

  • Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.

Actual or attempted unauthorized use of the Boston Beer Electronic Platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Boston Beer reserves the right to view, monitor, and record activity on the Boston Beer Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Boston Beer Electronic Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Boston Beer Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. Boston Beer will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Boston Beer reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Boston Beer Electronic Platforms, or any portion of the Boston Beer Electronic Platforms in order to protect the Boston Beer Electronic Platforms, Boston Beer, or Boston Beer's business or goodwill.

Risk of Loss

All products purchased from the Boston Beer Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Boston Beer. Title to products purchased on the Boston Beer Electronic Platforms, as well as the risk of loss for such products, passes to you when Boston Beer delivers these items to the carrier.

You also acknowledge and agree that use of the Internet and access to the Boston Beer Electronic Platforms is solely at your own risk. While Boston Beer has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Boston Beer Electronic Platforms over the Internet or other form of global communication network is outside Boston Beer’s control and cannot be guaranteed. Accordingly, Boston Beer is not responsible for the security of any information transmitted to or from the Boston Beer Electronic Platforms.

 

Product Information

Boston Beer attempts to be as accurate as possible in describing its products. However, Boston Beer does not warrant or guarantee that product descriptions or other content of the Boston Beer Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Boston Beer products displayed on the Boston Beer Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Boston Beer Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Boston Beer Electronic Platforms are quoted in U.S. Dollars.

 

Colors

Boston Beer has made every effort to display as accurately as possible the colors of the products that appear on the Boston Beer Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate.

 

The Boston Beer Product Guarantee

Boston Beer offers a guarantee on every product it makes and sells to you. Following a sale or gift event, if you are not satisfied with one of Boston Beer’s products at the time you receive it, or if one of Boston Beer’s products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Boston Beer for repair, replacement, or refund in accordance with Boston Beer’s warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

 

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE Boston Beer ELECTRONIC PLATFORMS ARE PROVIDED BY Boston Beer ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Boston Beer MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Boston Beer ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE Boston Beer ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE Boston Beer ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE Boston Beer ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE Boston Beer ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE Boston Beer ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE Boston Beer ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND Boston Beer DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Boston Beer ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Boston Beer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL Boston Beer, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Boston Beer ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Boston Beer ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE Boston Beer ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Boston Beer THROUGH THE Boston Beer ELECTRONIC PLATFORMS; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING FROM A CAUSE BEYOND Boston Beer’S CONTROL WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF Boston Beer HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Applicable Law and Disputes

This Agreement, your rights and obligations, Boston Beer’s rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

Any dispute relating in any way to your visit to Boston Beer or to products you purchase through Boston Beer shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Boston Beer’s intellectual property rights, Boston Beer may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Boston Beer proprietary assets, will cause irreparable injury to Boston Beer, such injury would not be quantifiable in monetary damages, and Boston Beer would not have an adequate remedy at law. You therefore agree that Boston Beer shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Boston Beer post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Boston Beer to enforce any provision of this Agreement.

 

Indemnification

You agree to defend, indemnify, and hold harmless Boston Beer and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Boston Beer arising out of or relating to your use of the Boston Beer Electronic Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.

 

Term and Termination

This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Boston Beer Electronic Platforms, whichever is earliest. Boston Beer reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Boston Beer Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Boston Beer Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Boston Beer Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Boston Beer Electronic Platforms in your possession. The provisions concerning Boston Beer's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.

 

Miscellaneous Legal Provisions

We may discontinue the Boston Beer Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Boston Beer Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Boston Beer Electronic Platforms at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boston Beer as a result of this Agreement or your use of the Boston Beer Electronic Platforms. Nothing contained in this Agreement is in derogation of Boston Beer’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Boston Beer Electronic Platforms or information provided to or gathered by Boston Beer with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Boston Beer to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Boston Beer Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Boston Beer and you regarding the Boston Beer Electronic Platforms and their contents.

All rights not expressly granted herein are hereby reserved.

 

Considerations for Non-U.S. Customers

Boston Beer’s headquarters are located in the United States, and the Boston Beer Services are based in the United States. Please be aware that information you provide to Boston Beer, or that Boston Beer obtains as a result of your use of the Boston Beer Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Boston Beer Services, or by providing Boston Beer with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.