Terms of Use
AVBC.com Disclaimer
AVBC.com is a wholly-owned URL and website of Anderson Valley Brewing Company (known herein as “AVBC”).
1. Acceptance of our Terms
By visiting the website AVBC.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to AVBC.com, you agree to be bound by the following Terms and Conditions of Service. Also, by visiting AVBC.com you agree that you are of legal drinking in age in your country of residence. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of AVBC.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and AVBC.com and that your use of AVBC.com shall indicate your conclusive acceptance of this agreement.
2. Use of Website
You agree not to: (a) use or access the Website for any fraudulent or unlawful purpose; (b) use or access the Website to impersonate any person or entity; (c) interfere with or disrupt the operation of the Website or access to it; (d) transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program; (e) restrict or inhibit the ability of any other person to access or use the Website; (f) modify, adapt or translate any portion of the Website; (g) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website.
3. Reliability of Information
All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Information on the AVBC.com website is not promised or guaranteed to be correct, current or complete, and AVBC.com may contain technical inaccuracies or typographical errors. AVBC.com assumes no responsibility (and expressly disclaims responsibility) for updating the AVBC.com to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the AVBC.com. AVBC.com provides no assurances that any reported problems will be resolved by AVBC, even if AVBC.com elects to provide information with the goal of addressing a problem. Any action you take upon the information on our website is strictly at your own risk, and AVBC will not be liable for any losses and damages in connection with the use of our website.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE AVBC.COM WEBSITES AND AFFILIATED SOCIAL MEDIA ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. AVBC.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVBC.COM MAKES NO WARRANTY THAT THE AVBC.COM WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE AVBC.COM WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
4. Provision of Services
You agree and acknowledge that AVBC.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that AVBC.com is entitled to provide services to you through subsidiaries or affiliated entities.
5. Proprietary Rights
You acknowledge and agree that AVBC.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
6. Submitted Content
When you submit content to AVBC.com or any other of its affiliated social media outlets you simultaneously grant AVBC an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to AVBC and all files, content, property, and materials submitted to AVBC.com and its social media outlets becomes exclusive and sole property of AVBC upon submission.
7. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by AVBC.com without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
8. Disclaimer of Warranties
You understand and agree that your use of AVBC.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. AVBC.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the AVBC.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
9. Limitation of Liability
You understand and agree that AVBC.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not AVBC.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of AVBC.com is limited to the lowest amount permitted by law.
10. External Content
AVBC.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that AVBC.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. You acknowledge AVBC.com has no control over the content and nature of these third-party sites and the links to other websites do not imply a recommendation for any and/or all the content found on these sites. You are also aware that when you leave AVBC.com, other sites may have different privacy policies and terms which are beyond the control of AVBC.com.
11. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by AVBC.com to resolve any legal matter arising from this agreement or related to your use of AVBC.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
12. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and AVBC.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
13. Changes to the Terms
AVBC.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of AVBC.com after any changes to Terms will signify your agreement to be bound by them.
14. Trademarks
AVBC.com reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of AVBC.com will be collectively referred to as “AVBC Marks.”
The AVBC Marks are highly valued intellectual property, and therefore AVBC will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to AVBC or which are likely to cause confusion with AVBC Marks.
No employee or other representative of AVBC is authorized to grant permission to use AVBC Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to AVBC Marks by a AVBC employee in the absence of a formal written agreement cannot be relied upon.
15. Indemnification
You agree to indemnify, defend and hold harmless AVBC.com, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the AVBC.com or its affiliated social media outlets or violation of these Terms. AVBC.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AVBC’s defense of such claim, and in no event may you agree to any settlement affecting AVBC without AVBC’s written consent.
