Terms and Conditions of Sale

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY SUBSCRIBING TO OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY ONLY SUBSCRIBE FOR, ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) AGREE TO THESE TERMS, AND (B) ARE OF LEGAL AGE UNDER APPLICABLE FEDERAL, STATE, AND LOCAL LAW TO (i) FORM A BINDING CONTRACT WITH ATHLETIC BREWING COMPANY LLC, (ii) ACCESS AND USE THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, AND (iii) SUBSCRIBE FOR, ORDER OR OBTAIN THE GOODS OR SERVICES AVAILABLE THROUGH THIS WEBSITE.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://athleticbrewing.com/ (the “Site”) and are subject to change by Athletic Brewing Company LLC (referred to as “us”, “we”, “our” or the “Company,” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site and will apply to all purchases and sales of products and services from the Site.  You should review these Terms before purchasing any product or service that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site, along with our Privacy Policy and California Policy. You should also carefully review our Privacy Policy and our California Policy before placing an order for products or services through this Site (see 9).

2. Order Acceptance and Cancellation.

(a) You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to product availability and acceptance by us, and we may choose not to accept any orders or to limit quantities of orders in our sole discretion before we are obligated to sell the products or services to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Athletic Brewing Company LLC and you will not take place unless and until we have received full and final payment for the goods and/or services purchased through this Site. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at info@athleticbrewing.com.

(b) We reserve the right to limit or prohibit sales to dealers or anyone acting like a dealer in our sole discretion.

(c) You represent and warrant that you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any.

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All applicable taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion. We accept Visa, Master Card, American Express and Discover, as well as other forms of payment depending on the goods or services that you are purchasing. We reserve the right to change our accepted payment methods from time to time in our sole discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, and (ii) you are the owner of, or duly authorized to use such credit card for the purchase.

4. The Athletic Club Subscription.

(a) WE CHARGE A SUBSCRIPTION-BASED FEE FOR OUR ATHLETIC CLUB PROGRAM. YOUR SUBSCRIPTION WILL CONTINUE AND AUTOMATICALLY RENEW ON A RECURRING BASIS CORRESPONDING TO THE TERM OF YOUR SUBSCRIPTION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION, OR YOUR ACCOUNT IS OTHERWISE SUSPENDED OR TERMINATED PURSUANT TO THESE TERMS OR THE TERMS OF USE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF YOUR SUBSCRIPTION, INCLUDING PRICE, FROM TIME TO TIME, EFFECTIVE AS OF THE BEGINNING OF YOUR NEXT BILLING PERIOD (AS DEFINED BELOW) FOLLOWING THE DATE OF THE CHANGE. WE WILL GIVE YOU ADVANCE NOTICE OF THESE CHANGES, BUT WE WILL NOT BE ABLE TO NOTIFY YOU OF CHANGES IN ANY APPLICABLE TAXES.

(b) UNLESS OTHERWISE INDICATED, YOU WILL BE REQUIRED TO PROVIDE A CREDIT CARD OR OTHER PAYMENT METHOD ACCEPTED BY US AS MAY BE UPDATED FROM TIME TO TIME (“PAYMENT METHOD”). WE WILL CHARGE YOUR PAYMENT METHOD A PERIODIC UPFRONT SUBSCRIPTION FEE ON A RECURRING BASIS CORRESPONDING TO THE TERM OF YOUR SUBSCRIPTION, AND ANY APPLICABLE TAXES AND SHIPPING AND HANDLING CHARGES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CHARGED TO YOUR PAYMENT METHOD BY YOUR BANK OR CREDIT CARD ISSUER. WHEN YOU PROVIDE A PAYMENT METHOD, WE MAY ATTEMPT TO VERIFY THE INFORMATION YOU ENTERED BY PROCESSING AN AUTHORIZATION HOLD. WE DO NOT CHARGE YOU IN CONNECTION WITH THIS AUTHORIZATION HOLD, BUT YOUR AVAILABLE BALANCE OR CREDIT LIMIT MAY BE REDUCED. IF YOU WANT TO USE A DIFFERENT PAYMENT METHOD THAN THE ONE YOU SIGNED UP TO USE DURING REGISTRATION, YOU MAY EDIT YOUR PAYMENT METHOD INFORMATION BY LOGGING IN TO YOUR ACCOUNT AND EDITING YOUR ACCOUNT DETAILS.

(c) IN THE EVENT OF A FAILED ATTEMPT TO CHARGE TO YOUR PAYMENT METHOD (E.G., IF YOUR PAYMENT METHOD HAS EXPIRED), WE RESERVE THE RIGHT TO RETRY BILLING YOUR PAYMENT METHOD WITHOUT NOTICE TO YOU. IN THE EVENT THAT YOU OR WE (THROUGH OUR PAYMENT SERVICE PROVIDERS) UPDATE YOUR PAYMENT METHOD TO REMEDY A CHANGE IN VALIDITY OR EXPIRATION DATE, WE WILL AUTOMATICALLY RESUME BILLING YOU FOR YOUR SUBSCRIPTION. WE MAY SUSPEND OR CANCEL YOUR MEMBERSHIP TO THE ATHLETIC CLUB IN OUR SOLE DISCRETION IF WE REMAIN UNABLE TO SUCCESSFULLY CHARGE A VALID PAYMENT METHOD. WE ALSO RESERVE THE RIGHT TO PURSUE ANY AMOUNTS YOU FAIL TO PAY IN CONNECTION WITH YOUR SUBSCRIPTION, INCLUDING COLLECTION COSTS, BANK OVERDRAFT FEES, COLLECTION AGENCY FEES, REASONABLE ATTORNEYS' FEES, AND ARBITRATION OR COURT COSTS.

(d) WE MAY OFFER YOU THE ABILITY TO PAUSE YOUR SUBSCRIPTION FOR A SPECIFIED PERIOD OF TIME. IF YOU DO NOT CANCEL BEFORE THE END OF THE PAUSE PERIOD, BILLING WILL RESUME AUTOMATICALLY.

(e) AS USED IN THESE TERMS, “BILL” AND “BILLING” SHALL INDICATE EITHER A CHARGE OR DEBIT, AS APPLICABLE, AGAINST YOUR PAYMENT METHOD. WE WILL AUTOMATICALLY BILL YOUR PAYMENT METHOD ON OR ABOUT THE DAY YOU START YOUR SUBSCRIPTION AND ON EACH RECURRING BILLING DATE THEREAFTER. YOUR “BILLING PERIOD” IS THE INTERVAL OF TIME BETWEEN EACH RECURRING BILLING DATE AND WILL BE DETERMINED BY US. WHERE APPLICABLE, SUBSCRIPTION CHARGES MAY BE PRORATED FOR ANY PARTIAL BILLING PERIOD OF MEMBERSHIP TO THE ATHLETIC CLUB. TO SEE YOUR NEXT RECURRING BILLING DATE, LOG IN AND VIEW YOUR ACCOUNT DETAILS. YOU ACKNOWLEDGE THAT THE TIMING OF WHEN YOU ARE BILLED AND THE AMOUNT BILLED EACH BILLING PERIOD MAY VARY, INCLUDING IF YOUR SUBSCRIPTION BEGAN ON A DAY NOT CONTAINED IN A GIVEN BILLING PERIOD (E.G., IF YOU HAVE A MONTHLY SUBSCRIPTION AND BECAME A PAYING SUBSCRIBER ON JANUARY 31, YOUR PAYMENT METHOD WOULD NEXT BE BILLED ON FEBRUARY 28), DUE TO PROMOTIONAL OFFERS, GIFT CARD REDEMPTIONS, CREDITS APPLIED, OR CHANGES IN YOUR SUBSCRIPTION OR PAYMENT METHOD.

(f) YOU CAN CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS ON YOUR ACCOUNT PAGE. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON THE DAY BEFORE YOUR NEXT RECURRING BILLING DATE IN ORDER TO AVOID BEING CHARGED. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO THE ATHLETIC CLUB THROUGH THE END OF YOUR CURRENT PAID BILLING PERIOD. PAYMENTS ARE NONREFUNDABLE. IF YOU CANCEL, MODIFY YOUR SUBSCRIPTION, OR IF YOUR ACCOUNT IS OTHERWISE TERMINATED UNDER THESE TERMS, YOU WILL NOT RECEIVE A CREDIT, INCLUDING FOR PARTIAL MEMBERSHIP PERIODS TO THE ATHLETIC CLUB. THERE ARE CIRCUMSTANCES WHERE WE MAY PROVIDE SOME CREDIT ON A CASE-BY-CASE BASIS IN OUR SOLE DISCRETION. 

5. Shipments; Delivery; Title and Risk of Loss. 

(a) We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process unless your order qualifies for free shipping. Orders qualifying for free shipping are sent Standard Shipping. You may pay to upgrade your shipping option but you will not receive a credit for the cost of standard shipping. Please check the individual product page to select a specific delivery option. We generally offer the following delivery options, but certain of these options may be unavailable for certain products and locations: 

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c) We cannot ship certain of our products to customers located in certain states, including, without limitation, Georgia, Michigan, Mississippi, Kansas, Idaho, Nebraska, and South Carolina due to state regulations. We apologize for the inconvenience. However, we are able to ship all merchandise and DayPack Seltzer products to all such states.

6. Returns and Refunds. Due to the perishable nature of our beverage products, such products are non-returnable. For merchandise returns, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs; provided such products are returned in their original condition. To return products purchased through this Site, please contact our Returns Department at info@athleticbrewing.com. All requests for returns must be made within 90 days of the date the order was placed for such products.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

Refund requests for returned products are processed within approximately one to three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

7. DISCLAIMER AND LIMITATION OF WARRANTY

(a) Disclaimer

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR RESPONSIBILITY FOR DAMAGED PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND. OUR RESPONSIBILITY FOR SERVICES THAT DO NOT MEET YOUR ORDER SPECIFICATIONS IS LIMITED TO RE-PERFORMANCE OR REFUND. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY.

(b) Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DAMAGED PRODUCT OR SERVICE THAT DID NOT MEET YOUR ORDER SPECIFICATION, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://athleticbrewing.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. California residents may have additional rights under our California Policy https://athleticbrewing.com/pages/california-privacy-policy.

10. Force Majeure.  We shall not be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) present or future government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) financial unrest or other international, national or regional emergencies; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) any act or omission of a third party; and (j) other events beyond our reasonable control.

11. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut.

12. Dispute Resolution.

(a) You shall resolve any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity hereof (each, a “Dispute”) under the provisions of this Section 12. The procedures set forth herein shall be the exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.

(b) You shall send written notice to the Company of any Dispute (“Dispute Notice”). You shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation with the Company. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:

(i) Any Dispute shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.

(ii) The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Fairfield County, Connecticut. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.

(iii) The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees’.

(iv) The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

(v) The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.

(vi) The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

(c) YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS THESE TERMS OF USE AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.

(d) Notwithstanding anything to the contrary in these Terms, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of these Terms will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to these Terms and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of Connecticut, in each case, located in Fairfield County, Connecticut, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Athletic Brewing Company LLC.

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Athletic Brewing Company LLC, 75 Cascade Boulevard, Milford, CT 06460. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective upon delivery. Notices provided by registered or certified mail will be effective five business days after they are sent.

17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.