This Terms of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Pete’s Brewing Company, a California corporation (“Brewer”), the owner and operator of www.petes.com and www.peteswicked.com, with respect to the use of this website (the “Site”). The products and services of Brewer are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and Brewer. Please print a copy of this agreement for your records.

Brewer takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here. Additionally, if you have any questions or concerns about products you have ordered or may order through the Site, please view our Ordering Policies by clicking here.

Territory

Each of the beers referred to on the Site may be sold only to persons who reside in states where we are legally registered.
Additionally, we cannot sell our beer directly to consumers, but must follow a 3-step distribution process: brewery to distributor to retailer to consumer.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.

Use of Site

Your use of the Site is at the sole discretion of Brewer, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through this site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

User Submissions

By voluntarily submitting information, communications or content (including pictures and anecdotes) to the site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Brewer and that all title and interest therein, including all rights of copyright, shall rest with Brewer at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Brewer to post or use such materials or, if we do so, to give you credit.

Links to Other Sites

The Site may contain links to third party websites. Such third party websites are not under the control of Brewer. Please note that Brewer is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Brewer can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Brewer has provided this link serve as an endorsement by Brewer of this or any other site. In creating hypertext links to any other website, Brewer is not recommending that website or giving any assurances as to its standing. Brewer is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Brewer makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BREWER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF BREWER, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BREWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) BREWER MAKES NO WARRANTY THAT:

(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREWER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREWER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(d) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, BREWER’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BREWER ARISING OUT OF THE USE OF THE SITE.
BREWER SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) Brewer grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.
(b) The Brewer's logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by Brewer. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Brewer. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Pete’s Brewing Company.
(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2001, Pete’s Brewing Company. All rights reserved.
Modification
Brewer may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. Brewer has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Pete’s Brewing Company
Attn: General Counsel
14800 San Pedro Avenue
San Antonio, Texas 78232
Phone: 210-490-9128
Fax: 210- 490-9984
dmca@peteswicked.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Guestbook

Our site has a guestbook which allows our users to post information and images for other users. The messages on the Guestbook do not reflect the views of the Brewer.

Entire Agreement

This Agreement constitutes the entire agreement between you and Brewer with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the site are supplemented by our Ordering Policies. To view our Ordering Policies, please click here.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Agreement, the entire relationship between you and Brewer, and any litigation or other legal proceeding between you and Brewer (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

Brewer may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

If you have a comment, question or request, or if you need to contact Brewer for any other reason, there are three easy ways to do so.
(a) E-mail: You can e-mail at customerservice@peteswicked.com .
(b) Telephone Number: You may call us at 1-210-490-9128. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal business hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. Central Time.
(c) U.S. Mail: Send mail to Brewer at:
Pete’s Brewing Company
14800 San Pedro Avenue
San Antonio, Texas 78232

Pete’s Brewing Company, a California corporation (“Brewer”), have created this Privacy Policy in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our information gathering and dissemination practices for this website (the “Site”).

Information Collected and Disclosed

Brewer collects nonpublic personal information about you from the following sources:

• Information we receive from you; and
• Information about your transactions with us or others.

We do not disclose any nonpublic personal information about you to anyone, except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other similar companies with whom we have joint marketing agreements. Brewer and its affiliates whose products are provided through this Site are the owners of the information collected on this Site. Brewer may share aggregate information about our users with advertisers, business partners, sponsors and other third parties, though such summary information will not identify any specifics related to you business. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Brewer restricts access to your nonpublic personal information to those employees who need to know that information to provide merchandise or information to you. Brewer maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.

Security

For your security, account access on our Site is encrypted with Secure Sockets Layer Protocol (“SSL”) technology on both the client and server end. VeriSign has issued Brewer a unique ID, which assures visitors that they have reached our authentic Site, thereby allowing communications to be encrypted. In order for 128-bit SSL to work, though, you must have a browser that supports SSL technology.
Please note that email may not be encrypted and cannot be considered a secure means of transmitting sensitive information. Brewer will never ask you to submit your financial data such as your credit card account numbers, via email.

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line. When our order form asks users to enter sensitive information (such as credit card account numbers), that information is encrypted and is protected with the encryption software in the industry - SSL. While on a secure page, for example a Java window displaying your account information, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.

While we use 128-bit SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only those individuals and entities who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all parties who receive sensitive information are kept up-to-date on our security and privacy practices. We frequently notify and/or remind those parties about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment, with access restricted.

Collection and Use of IP Addresses

We use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Cookies

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Site uses to track the pages you've visited.

When you register at the Site, Brewer uses a cookie to store a unique, random user ID. We do not store passwords or any personal information about you. We use this ID to identify you anonymously in our database and to track information while you are on our Site. Cookies also enable you to enter the Site as a registered user without having to log on each time.

You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Site. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.

Orders

Our Site’s order form requires users to give us contact information (like their name and email address) and some demographic information (like your gender or address). We use customer contact information from the form to send you information about Brewer and merchandise offered through our Site. Your contact information is also used to contact you when necessary.

When you buy merchandise from our Site, we need to know, and therefore collect, your contact information (like your name, post office address, and e-mail address) and certain financial information (like your account information). This information that is collected is only used for necessary records to be maintained.

Linked Sites

The Site may contain links to other sites. Please be aware that Brewer is not responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Site.

Children’s Privacy

This Site is not directed at children under the age of 21 and does not knowingly collect personal information from children under the age of 21. If Brewer obtains actual knowledge that it has obtained personal information about a child under the age of 21, that information is immediately and permanently deleted from our records.

Opt-Out

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you wish to opt out of disclosures to nonaffiliated third parties, you may email customer service at customerservice@peteswicked.com.

Changes to Privacy Policy

We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted.

Contact Information

If you have a comment, question or request, or if you need to contact Brewer for any other reason, there are three easy ways to do so.