Revised October 7, 2012
BeerLovers ("Us" or "We") provides the BeerLovers.com website and various related tools and services (collectively, the "Platform") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Platform, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
BeerLovers reserves the right to modify these Terms from time to time and at any time. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. For your reference we include above an indication of the revision date for these Terms, and any changes to these Terms will be posted on this page. Additionally, publication of any such changes will be announced to registered users of our Platform by posting an announcement in The Public House group within the BeerLovers.com Community, which all registered members are set to follow upon initial activation of their accounts.
1. User's Acknowledgment and Acceptance of Terms
BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE PLATFORM NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
BY INDICATING THAT YOU HAVE READ AND AGREED TO THESE TERMS AT THE TIME OF REGISTERING AN ACCOUNT ON THE PLATFORM YOU ARE ALSO AGREEING TO BE BOUND BY THESE TERMS THROUGHOUT THE DURATION OF YOUR USE OF THE PLATFORM AND AT ANY TIME YOU ARE USING ANY OF THE SERVICES OFFERED BY BEERLOVERS.
2. Description of Platform
BeerLovers makes various resources and services available through the BeerLovers.com Platform including, but not limited to, a variety of social network -oriented services and publications made available through the BeerLovers.com Community as well as ecommerce -oriented services made available through the BeerLovers.com Marketplace. These Terms apply to all such services and publications made available by BeerLovers. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
BeerLovers reserves the sole right to either modify or discontinue the Platform, including any of the Platform's features, at any time with or without notice to you. BeerLovers will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services available through the Platform shall also be subject to these Terms.
3. Registration Data and Privacy
In order to access some of the services on the Platform, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that you meet the minimum drinking age in your primary country of residence, that all information provided in the Registration Data is true and accurate, and that you will maintain and update this information as required in order to keep it current, complete, and accurate. In addition, you agree that you will provide us with your valid, current email address, both at the time of registration on the Platform and from time to time as your email address changes.
You acknowledge and agree that BeerLovers may disclose Your Information (as defined in Section 5) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our Platform; (b) enforce this Agreement; (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of BeerLovers, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all or BeerLovers stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
4. Fees and Payments
General access to the BeerLovers Platform and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, add, remove or change the premium features and services we offer or the fees (including the amount or the type of fees) we charge for such premium features and services at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms (e.g., overdrawn accounts, exceeding account limits, etc.).
5. Your Information
"Your Information" is defined as any information, post, or other material you provide (directly or indirectly), including through the registration process or through the use of our Platform, in any discussion board, rating or commenting system, photo sharing service, or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
The Platform includes tools which allow you to select privacy settings for Your Information, and you acknowledge and agree that it is solely your responsibility to select privacy settings for Your Information which are appropriate for your own circumstances. You understand that Your Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
6. Your Conduct on the Platform
You, and not BeerLovers, are entirely responsible for all of Your Information that you upload, post, email, or transmit or otherwise make available via our Platform. We do not control Your Information or the information posted by other users, nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, or information of or posted by other users. You agree that under no circumstances will BeerLovers or its third-party Affiliates be liable in any way for any information, including, but not limited to, any errors or omissions in Your Information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or information of or submitted by other users, whether posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
However, we and our agents have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See Section 10 ("Unauthorized Use of Materials") below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Platform. By posting Your Information in or otherwise using any service that may be available to you on or through the Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our Affiliates or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Platform without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Through our Platform we provide tools that enable our users to arrange events, physical gatherings, or meetings (collectively, "Events") at venues that include, but are not limited to, public locations, private homes or private enterprises. We do not supervise these Events and are not involved in any way with the actions of any individuals at these Events. As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that our users exercise caution and good judgment when attending these Events.
In certain circumstances the organizers of Events may assess or charge fees associated with the organization or conduct of such Events, and you understand and acknowledge that the assessment, processing, and handling of such fees are solely third party transactions which fall outside of our control.
You agree that you bear all risk and you agree to release us and our third party Affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your third party transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, any Events. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
8. Third Party Websites and Information
The Platform may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
Additionally, the BeerLovers Marketplace uses third party services to process payments for purchases, and these third parties may have separate Terms and Conditions that you will need to agree to as part of the checkout process. BeerLovers is not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them.
9. Intellectual Property Information
Copyright (c) 2011 BeerLovers. All Rights Reserved.
For purposes of these Terms, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Platform. This excludes social network postings, such as discussions, photos, and other original content, posted by registered users of the Platform.
By accepting these Terms, you acknowledge and agree that all content presented to you on the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of BeerLovers, its Affiliates, or the applicable third party users of the Platform. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Platform will not infringe the rights of third parties. See Section 10 ("Unauthorized Use of Materials") below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of BeerLovers or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of BeerLovers or its Affiliates.
10. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Platform believes its copyright, trademark or other property rights have been infringed by a posting on the Platform, you or the user should send notification to us (at the address listed below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
15 Greenway Plaza #16C
Houston, Texas 77046
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Platform without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AVAILABLE THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AVAILABLE THROUGH THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Platform often represents the opinions and judgments of an information provider, Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized BeerLovers spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Platform for further information, which policies are incorporated by reference into these Terms.
You understand that BeerLovers is not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product(s) listed for sale in the BeerLovers.com Marketplace.
You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Platform are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PLATFORM OR OF ANY OTHER SITE REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR FOR ANY DAMAGES OR LOSSES, REAL OR INTANGIBLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, PARTICIPATION IN OR TRANSPORTATION TO OR FROM EVENTS, OR ARISING FROM THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE COLLECTION, PROCESSING, OR HANDLING OF THIRD PARTY TRANSACTIONS OR ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in an Event, or your participation as a Group or Event organizer or administrator. Without limiting the foregoing, you, as a Platform user, agree to indemnify and hold us and our Affiliates and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any other Platform user or third party due to or arising out of your actions as a Platform user. 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.
14. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
15. Participation in Promotions
From time to time, the Platform may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Platform. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of the Platform. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Our servers may have a limited storage capacity. If we approach the maximum permitted storage space, we may employ automated devices that delete or block certain user postings that exceed the limit. We will not be responsible for such deleted or blocked postings.
17. E-Commerce Services Offered Through The BeerLovers.com Marketplace
Product Descriptions: BeerLovers makes every attempt to describe products offered for sale through the BeerLovers.com Marketplace as accurately as possible. However, we do not warrant that product descriptions or other content of the BeerLovers.com Marketplace are 100% accurate, complete, reliable, current or error-free. If a product offered through the BeerLovers.com Marketplace and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.
Returns: BeerLovers is committed guaranteeing your satisfaction, both by offering quality products and great service. If for any reason you are not completely satisfied with your purchase you may return it within 30 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
To return your item(s) please pack them in the original shipping container along with the original Packing List and a note indicating why you were not completely satisfied, specifying both the reason for the return and what action you would like us to take: replacement or refund. In order to ensure your return is processed without delay please return your item via a trackable method.
Pricing: BeerLovers' commitment to your satisfaction includes listing accurate prices for items available for purchase in the Marketplace, and we are aware that there may be occasions where items listed for sale are mispriced as a result of price changes that are implemented at or about the time of your visit to the Marketplace. When you place an order you will have the opportunity to review your order before accepting the charges, and BeerLovers will honor the prices as they appear in your order.
Acceptance of Order: BeerLovers reserves the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax: BeerLovers is Texas-based, and is required to collect and remit sales tax on items shipped to destinations within the state of Texas. Determination and remittance of sales or use taxes that may apply for items shipped outside the state of Texas are the responsibility of the buyer.
18. International Use
Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
19. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
20. Governing Law
The Platform (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing the Platform both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Platform and the purchase of products and services available through the Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Texas with respect to such matters.
All notices to a party shall be in writing. Notices may be made to BeerLovers by writing to: BeerLovers, 15 Greenway Plaza #16C, Houston, Texas 77046, USA. Notices to you may be sent to the email address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
22. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Platform, or use of or access to the Platform.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
24. Contact Information
Except as explicitly noted on the Platform, the services available through the Platform are offered by BeerLovers, located at 15 Greenway Plaza #16C, Houston, Texas 77046, USA.