Brewery Hours Terms of Service

Last Revised: April 9, 2020

Welcome to Brewery Hours, LLC. This Site (www.breweryhours.app) is provided as a service to our visitors and may be used for informational purposes only. Because the Terms and Service contain legal obligations, please read them carefully.

1. YOUR AGREEMENT

   By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and the associated Privacy Policy. If you do not agree to these Terms and Conditions, you may not use this site.

   PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. We will notify you of such changes by email or other communication, or a notification posted on our Site Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these methods for notifying you of such changes. For your information, this page was last updated as of the date at the top of these Terms and Service.

2. PRIVACY

   Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. The Privacy Policy includes information about we gather, store, use, and share your information and those processes for which you must opt-in.

3. LINKED SITES

   The Site may contain links to other independent third-party Web sites ("Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content, processing, data collection, or other processing of such Linked Sites. You will be bound by the Terms of Service and Privacy Policy of such Linked Sites and must make your own independent judgment regarding acceptance of terms and conditions contained therein and your use of Linked Sites.

4. ACCURACY OF CONTENT

   Brewery Hours posts materials to the site provided by third-party affiliates. All such third-party materials contained within the Site were accurate as of the initial publication data. Such materials may become inaccurate over time and Brewery Hours makes no claim as to the accuracy of information contained in such materials but will make reasonable efforts to update or remove inaccurate information. However, we have no duty or policy to update any materials on this site provided by third-parties and, therefore, such materials should not be relied upon as being accurate until verified by the third-party.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
   1. THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE, INCLUDING ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED HEREIN, SHALL BE AT YOUR SOLE RISK; (ii) THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) WE MAKE NO WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED; (v) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; and (vi) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   2. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY OF OUR SITES OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. EXCLUSIONS AND LIMITATIONS

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. OUR PROPRIETARY RIGHTS

   This Site and all its Contents are intended solely for personal, non-commercial use. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third-party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its products and services. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.

8. INDEMNITY

   Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, relating to or arising out of: (i) your use or misuse of, or inability to use the Site; (ii) materials contained on the Site; (iii) your violation of any rights of another party; (iv) your violation of these Terms of Service, the Privacy Policy, or any applicable laws, rules, or regulations.. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Brewery Hours. Brewery Hours will use reasonable efforts to notify you of any such claim, action, or proceeding that includes any of your legal rights upon becoming aware of your right(s).

9. COPYRIGHT NOTICE

   Brewery Hours is committed to respecting and protecting the legal rights of copyright owners. As such, Brewery Hours adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Brewery Hours’ designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

   • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   • 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;
   • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
   • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   • A statement that you have 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
   • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

   Brewery Hours Copyright Agent to receive DMCA Takedown Notices is:

   Notices of claimed infringement should be directed to:
   Brewery Hours, LLC. 73 Silverbell Ln, Sharpsburg, Georgia 30277, or
   via email at: [email protected]

   Attn: Brewery Hours Copyright Agent

   It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

10. PLACE OF PERFORMANCE

    The Site is controlled, operated and administered by us from our office in Bozeman, Montana, USA. We make no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

11. GENERAL
    1. If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between you and Brewery Hours with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
    2. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
12. RESTRICTIONS

    You shall not use the Site for any purpose that is prohibited by these Terms or law.

    Except as expressly permitted by Brewery Hours in writing, you shall not (i) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) access the Service in order to build or promote a similar or competitive service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Service.

    You shall not, and shall not permit any third party using your account to, use the Site to:

    • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
    • send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
    • harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent
    • interfere with, disrupt, or create an undue burden on servers or networks (i.e. a denial of service attack) connected to the Site or violate the regulations, policies, or procedures of such networks;
    • attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means;
    • harass or interfere with another User’s use and enjoyment of the Site;
    • introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site;
    • impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or
    • display, mirror, or frame the Site.