Privacy Policy

 

On behalf of Asylum Brewing Company, Inc. (also referred to as "us" or "we"), welcome to asylumbrewingcompany.com (hereinafter, the "Site"). We recognize that your privacy is important.  This Policy discloses the privacy practices for the Site, and also covers how personal and other information that we receive or collect about you is treated.  Please read the information below to learn the following regarding your use of the Site.

You acknowledge that this Privacy Policy is designed to be read in connection with the Site's Terms and Conditions of Use and that by accessing or using the Site, you agree to be bound by the Terms and Conditions of Use, as well as this Policy.  We reserve the right to change this Privacy Policy from time to time.  We will notify you about significant changes in the way we treat personal information by updating any privacy information on this page.  Your continued use of the Site and or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

 

If you have any questions about this Policy, please feel free to contact us by email at support@asylumbrewing.beer.  

IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

1. Types of Information We Collect

We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.

Personally Identifiable Information (“PII”):  This refers to information that lets us know the specifics of who you are.  Examples of PII may include your first and last name and email address.  You may also voluntarily provide other PII, whether or not specifically requested by us, by voluntarily supplying your own details to us via email or by posting publically viewable comments on the Site.  You agree that we may collect any PII voluntarily supplied by you, whether or not we have requested it.  You must not submit any PII relating to a third party which you do not have permission from such third party to provide to us.  We do not knowingly collect any information relating to third parties which you do not have permission to provide.  When you engage in certain activities on our Site, such as registering or sending us a message or written content via email, we will ask you to provide certain PII.

Aggregate Information:  This refers to information that does not by itself identify a specific individual.  We gather certain information about you based upon where you visit on our Site and what other Sites may have directed you to us.  This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis.  This information may include the WebSite's Uniform Resource Locator ("URL") that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol ("IP") address.

2. How We Collect and Use Information

We do not collect any PII about you unless you voluntarily provide it to us.  However, you may be required to provide certain PII to us when you elect to use certain services available on the Site. 

We will primarily use your PII to provide information and service offerings to you.  We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing efforts, statistically analyze Site use, improve our information offerings, and customize the Site's content, layout and services.  We may use PII to deliver information or service offerings to you, and to contact you if you request that we do so.  Finally, we may use your PII to enforce our agreements with you, including our Site's Terms and Conditions of Use and this Privacy Policy.

We may also collect certain Aggregate Information.  For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site, and to gather demographic information. 

If your web browser emits "do not track" signals, or you use other mechanisms that provide you the opportunity to prevent the collection of PII or Aggregate Information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you. 

3. Cookies

Depending on how you use our Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience.  A cookie is a small data text file which is stored on your computer that uniquely identifies your browser.  Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site.  We may use cookies to perform tasks such as: monitoring aggregate Site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you.  However, we do not use cookies to track your browsing behaviors. 

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  However, some aspects of the Site may not function properly if you elect to disable cookies.

4. Release of Information

We do provide some of our service offerings through contractual arrangements made with affiliates, service providers, partners, and other third parties ("Service Partners").  We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver services to you.  For example, we may use Service Partners to assist us in billing, shipping, and age verification; delivering electronic newsletters and communications to you; to collect PII voluntarily submitted by you when leaving comments on the Site; and to analyze Aggregate Information.

We will choose Service Partners who adopt and promote strong privacy policies.  However, the use of your PII by our Service Partners is governed by the respective privacy policies of those providers and is not subject to our control. 

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you.  Any other sites accessible through our Site, including those of our Service Partners, have their own privacy policies and data collection, use and disclosure practices.  Please consult each site's privacy policy.  We are not responsible for the policies or practices of third parties.

Other than our Service Partners, we do not allow outside parties to collect PII or Aggregate Information about you or your online activities when you use our Site.

Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities.  In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

5. Updating and Correcting Information

We believe you should have the ability to access and edit the PII that you have provided to us.  You may change any of your PII in your account online at any time.  You may request that your account be deleted sending an email to support@asylumbrewing.beer.  Please include your name and email address when you contact us.

We encourage you to promptly update your PII if it changes.  You may ask to have the information on your account deleted or removed; however, some information, such as logs of technical support calls or other information may not be deleted.  In addition, it may be impossible to completely delete your information without some residual information because of backups.

6. Your California Privacy Rights

Upon your request, California Civil Code Section 1798.83, known as the "Shine the Light" law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties.  You may make such a request once per calendar year, and we will provide the information to you free of charge.  Please send any requests made pursuant to this section to us by email at support@asylumbrewing.beer .  However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes. 

7. User Choices on Collection and Use of Information

We may, from time to time, send you emails and/or newsletters regarding information or services that we feel may interest you.  Only Asylum Brewing Company, Inc. (or agents working on behalf of Asylum Brewing Company, Inc. and under confidentiality agreements) will send you these notifications.  If you do not want to receive correspondence from us, you can "opt-out" by clicking on the "Unsubscribe" link at the bottom of each correspondence. 

You also have choices with respect to cookies, as described above.  By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies.  If you choose to reject all cookies, some parts of our Site may not work properly in your case.

8. Security of Your PII

At our Site you can be assured that your PII is secure as we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII.  For example:

— We work hard to ensure that the data we collect is reliable, accurate, complete and current.  We use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

— We limit access to PII only to specific employees, Service Partners, contractors, and agents who have a reasonable need to come into contact with your information. 

— Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII.  Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.

9. Miscellaneous

You must be at least 21 years old to have our permission to use our Site.  Our policy is that we do not knowingly collect, use, or disclose PII about visitors under the age of 21.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e.; your name, email address, etc.) by you in the comments you post on the Site or in other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information.  Please consult our Terms and Conditions of Use for policies regarding user-provided information.

 

 

10. Contact Us

If you have any questions, concerns, or inquiries about our Privacy Policy, our use of your PII, or our privacy practices, please contact us by email at support@asylumbrewing.beer.

11. Effective Date.  This Privacy Policy is effective as of November 11, 2015.

 

Terms and Conditions of Use

 

1. Acceptance of Terms

1.1 ,Asylum Brewing Company a California corporation (referred to as "Asylum Brewing Company," "asylumbrewingcompany.com," "us" or "we"), provides www.asylumbrewingcompany.com (the "Site") through which it offers customers the opportunity to purchase beverage products from select craft breweries, wineries, and coffee roasters (collectively referred to as "Offerings"), subject to your compliance with the following Terms and Conditions of Use ("Terms"), as well as any other written agreement(s) between us and you.

  1. We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
  2. As used in these Terms, references to our "Affiliates" include our owners, licensees, assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
  3. Asylum Brewing Company maintains the Offerings for the personal use of residents of the United States who are at least 21 years of age and are lawfully permitted to consume alcoholic beverages.
  4. BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS. 

2. Offerings

  1. Offerings.  Asylum Brewing Company provides a number of Offerings for users on its Site, including, but not limited to, providing customers the opportunity to purchase beverage products from select craft breweries, wineries, and coffee roasters that are not widely available to the public. 
  2. No Guarantee. Although Asylum Brewing Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
  3. Sale of Alcoholic Beverages.  Certain alcoholic beverages listed on the Site are available for purchase.  You acknowledge and agree that potential sales of alcohol are advertised, solicited, offered, accepted, made and delivered by sellers (“Sellers”) that are licensed to sell alcoholic beverages. Most of the Sellers on Asylum Brewing Company are craft breweries and wineries.  In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. All alcohol sold using the Offerings may be sold and delivered only to a person who is 21 years of age or older. By placing an order request, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any alcohol will be delivered is 21 years old of age or older. The products sold using the Offerings are sold by Sellers and are subject to their privacy and shipping policies. If you do not agree with these conditions of use please do not use the Offerings. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Asylum Brewing Company may prosecute you fully to the extent allowable by law.
  4. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, material posted by you, or personalization settings.

3. Site Conduct, Posting Policies & Third Party Websites

  1. User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site, send to us or send to other users. By posting information or original material on the Site, by sending material to us for review, or by otherwise using any communications service, message board or other interactive service available on the Site, you agree that you will not post or send material, comments, messages, links, code, information, or pictures that:

i. are unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another's privacy, or include graphic descriptions of sexual or violent content;

ii. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv. consist of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

v. contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise cause damage, or allow you to obtain unauthorized access to any data or other information of any third party;

vi. breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other networks or servers via your account on this Site;

vii. impersonate any person or entity, including any of our employees or representatives.

  1. No Endorsement. Asylum Brewing Company neither endorses nor assumes any liability for any materials uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police, or monitor materials or comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. Asylum Brewing Company and its agents are not responsible for any failure or delay in removing such postings. Asylum Brewing Company is not liable for any inaccurate or incorrect information provided by users posting, advertising, listing, and/or promoting open houses on the Site.
  2. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. By accepting a redirect or link to other websites, you agree to adhere to the terms and conditions and privacy policies of those websites.
  3. Products and Promotions. From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.

4. Asylum Brewing Company’ Intellectual Property

  1. Content. For purposes of these Terms, "content" is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that is sent to or that can be viewed by users on our Site and is owned by Asylum Brewing Company, our Affiliates or licensors.
  2. Ownership of Content. All contents of the Site are: Copyright © Asylum Brewing Company, Inc. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with Asylum Brewing Company’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to Asylum Brewing Company for violation of intellectual property rights.
  3. Trademarks. Trademarks or service marks of Asylum Brewing Company. include, but are not limited to, Asylum Brewing Company™; asylumbrewingcompany.com™; and the Asylum Brewing Company logo. All custom graphics, icons, logos and service names are registered trademarks, common law trademarks or service marks of Asylum Brewing Company, or our 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 Asylum Brewing Company, asylumbrewingcompany.com, our Affiliates, or our licensors.  
  4. Site Use. Asylum Brewing Company grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer, or break into the Site, or use materials, products, or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of Asylum Brewing Company, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right, and any goodwill associated therewith. Asylum Brewing Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
  5. No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Content You Create

  1. Your Intellectual Property Rights. Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or by other means, for any reason, will be treated as non-confidential and non-proprietary user content ("User Content"). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
  2. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). 
  3. If you believe that you or someone else's copyright has been infringed upon bytommy@asylumbrewingcompany.com or User Content provided on this Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s), etc.;

ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder's work(s) (for example, file name or URL of the page(s) that contain(s) the material);

iii. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);

iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in (ii) is not authorized by the copyright owner, its agent or the law;

v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

vi. The Rights Holder's electronic signature.

Notice may be sent to us at support@asylumbrewing.beer .

  1. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party. 
  2. Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Asylum Brewing Company and will not be returned to you.

6. Privacy & Security

  1. Login Required. In order to access some of the Offerings on this Site, you will be asked to set up an account, and select a user name and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.  You may not select as your user name a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.  You may not transfer your account to anyone else without our prior written permission.
  2. Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
  3. Information Sharing.  If you register for an account on the Site, you agree that your information may be shared with suppliers, vendors, and/or third-party processors for merchant processing, shipping, billing, age verification, and membership perks.  
  4. Usage Requirements.  You represent and warrant that you are at least 21 years of age.  If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity.  You will only use the Offerings on this site in a manner that complies with all applicable laws.
  5. Transactions.  If you wish to purchase any product or service made available through the Offerings (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant to Asylum Brewing Company and Sellers the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner and will not be made available for re-sale.
  6. Pricing and Availability.  Prices listed in the Offerings are estimations only and Asylum Brewing Company does not guarantee or make any warranty as to the availability or price of any products offered by any Seller.  If the price differs from the price listed in the Offerings, we will contact you to authorize additional payments or refund you the difference, as applicable.  If a beverage is unavailable, we will contact you and refund any amounts that have been charged.  For more information on our pricing and payment policies or regarding your purchase, please email support@asylumbrewing.beer. 

7. Asylum Brewing Company App via the Apple App Store

7.1 These Terms apply to your use of all the Offerings, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

i.  Both you and Asylum Brewing Company acknowledge that the Terms are concluded between you and Asylum Brewing Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

ii.  The Application is licensed to you on a limited, nonexclusive, nontransferable, nonsublicensable basis, solely to be used in connection with the Offerings for your private, personal, noncommercial use, subject to all the terms and conditions of these Terms as they are applicable to the Offerings;

iii. You will only use the Application in connection with an Apple device that you own or control;

iv. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

v.  In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

vi. You acknowledge and agree that Asylum Brewing Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

vii.  You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Asylum Brewing Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

viii.  You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

ix.  Both you and Asylum Brewing Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

x.  Both you and Asylum Brewing Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

8. Disclaimer

  1. ALL CONTENT AND OFFERINGS ON THIS SITE 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 CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
  2. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON THIS SITE AT ANY TIME WITHOUT NOTICE TO YOU. THE CONTENT AVAILABLE ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE OFFERINGS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT.

  1. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
  2. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
  3. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9. Limitation of Liability & Indemnification

9.1 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 PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, 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 SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE SALE OF PRODUCTS OR SERVICES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9.2 You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this Site or any of the content contained therein. 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.

10. Termination of Use

  1. Grounds for Termination. You agree that we may, at our sole discretion, terminate, or suspend your access to all or part of the Site 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 barring your access to this Site, and reporting you to the proper authorities, if necessary.
  2. No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-10 of these Terms shall survive any termination.

11. Miscellaneous Provisions

  1. Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in La Mirada, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. 
  2. Dispute Resolution. All claims and disputes arising under or relating to this Agreement are to be settled by mediation, and if the matter is not resolved through mediation, then it shall be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any arbitration proceeding and enforcement of any award.  For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in respectively, Los Angeles County, California, or the Central District of California.  Any arbitration under these Terms will take place on an individual basis:  class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ASYLUM BREWING COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  3. Notices. All notices to Asylum Brewing Company or asylumbrewingcompany.com shall be in writing and shall be sent totommy@asylumbrewingcompany.com.  You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
  4. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
  5. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site 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.
  6. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  7. No Waiver. 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.
  8. Entire Agreement. These Terms and Conditions of Use, and Privacy Policy constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

 

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