TERMS OF USE
AGREEMENT 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. 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: (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
Additionally, we cannot sell our beer directly to consumers, but must
follow a 3-step distribution process: brewery to distributor to retailer
to consumer. (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.
