Terms & Conditions
Welcome to our Web site (our “Web site” or “site”), owned and operated by Athletic Brewing Company. By using our Web site YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Web site and you should keep in mind these are separate and relate to different locations and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Athletic Brewing Company as “we”, “us” or “our” (or, of course “Athletic Brewing Company”).
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to firstname.lastname@example.org.
You agree not to do any of the following while using the AthleticBrewing.ca Web site or any of our sites:
- Intentionally or knowingly violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;
- Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
- Exceed authorized access, tamper with, or misuse any areas of the AthleticBrewing.ca site or AthleticBrewing.ca's computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
- Frame or link to the AthleticBrewing.ca Site or any of our other sites, unless permitted in writing by AthleticBrewing.ca.
USE OF SERVICES
When purchasing non-alcoholic beverages from the Web site, our services are intended solely for users who are 19 years of age or older, and any registration, use of access to the services by anyone under 19 is strictly prohibited and in violation of these terms. By using the services, you expressly represent and warrant that you are at least 19 years of age.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
All text, graphics, logos, icons, images, audio clips, video clips and software on the site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by Athletic Brewing Company, you may not use any Content without our consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.
Please select Print, and select your printer to retain a copy. If you do not have a printer, you can copy the text of this Disclosure and the underlying agreements and paste the text into a new document in a word processor or a text editor on your computer and save the text.
System Requirements to Access Information
To receive and view an electronic copy of the Communications you must have the following equipment and software:
- A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
SYSTEM REQUIREMENTS TO RETAIN INFORMATION
To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text of this Disclosure and the underlying agreements and paste the text into a new document in the word processor or text editor and save the text.
WITHDRAWAL OF ELECTRONIC ACCEPTANCE OF DISCLOSURES AND NOTICES
You can also contact us in any of the ways described in the paragraph entitled "Paper Delivery of Disclosures and Notices" to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.
TERMINATION / CHANGES
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the our site. OUR SITE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold Athletic Brewing Company, its affiliates, employees, officers, and agents (“Athletic Brewing Company Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Athletic Brewing Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Athletic Brewing Company Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Athletic Brewing Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Athletic Brewing Company Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Athletic Brewing Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Athletic Brewing Company Party.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Athletic Brewing Company Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through our Web site are subject to our return policy. For a complete description and explanation of our return policy, please see the section about Shipping and Returns.
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.
ORDER LIMITATIONS/LIMITED QUANTITIES
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.
All orders placed on our site are subject to product availability and will be shipped according to our shipping policies. Please review the Shipping and Returns for additional information on shipping times, rates and policies.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
MOBILE AND MOBILE APPS
AthleticBrewing.ca may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as We have no control, and are not responsible for such charges.
You agree that for the functions or services which are part of your registration with AthleticBrewing.ca, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on AthleticBrewing.ca. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
- Qualified Referral. A Qualified Referral is defined as a purchase made at Athletic Brewing.com by a person (a "Referred Customer") who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must have made the payment for the order and received goods and services from Athletic Brewing.
- Reward Payments. Rewards are payable in increments of $16.99 Single Use Coupons. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Athletic Brewing’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Athletic Brewing’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Athletic Brewing’s Refer-a-Friend program.
- Right to Close Accounts. Athletic Brewing reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Athletic Brewing Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Athletic Brewing reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
TERMINATION OF USE
We may terminate your AthleticBrewing.ca Account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. Us reserves the right to change, suspend or discontinue all or any aspects of the Us Web site at any time without prior notice.
We may collect the following information: Name, contact information including email address or phone number, demographic information such as postcode, and other information relevant to the operations of our website.
At times, we may require this information to understand your needs and provide you with a better service. We may require this information for the following reasons: We may use this information for internal record keeping. We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.
DATA RETENTION AND SECURITY
We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on the our sites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision. Connecticut and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service and our Agreement with you. You agree to submit to the personal jurisdiction of the courts located in the State of Connecticut, for the resolution of all disputes arising from or related to these Terms of Service, our Agreement with you and/or your use of the Site.