Terms of Use

These terms of use, together with any documents expressly incorporated by reference herein (collectively, these “Terms of Use”), govern your access to and use of this website, and other websites and online experiences hosted by Athletic Brewing Company LLC (“we,” “us,” “our,” “Athletic,” or the “Company”) that link to these Terms of Use (collectively, the “Websites”) and our mobile applications, including any content, functionality, and services offered on or through any of the Websites or any of our mobile applications (collectively, and together with the Websites, the “Services”), whether as a guest or a registered user, including your access to the Services or of the Services via a mobile device.

Please read these Terms of Use carefully before you start to use the Services. By using the Services, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://athleticbrewing.com/pages/privacy-policy] (our “Privacy Policy”), and for mobile application users, our Mobile Application Privacy Policy found at [https://athleticbrewing.com/pages/app-privacy-policy] (our “Mobile Application Privacy Policy,” and together with the Privacy Policy, the “Privacy Policies”), and each such policy is incorporated herein by reference. If you do not agree to these Terms of Use or to the Privacy Policies, you must not access or use the Services.

The Services are offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

WE SPECIFICALLY DIRECT YOUR ATTENTION TO THE SECTION TITLED “DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER,” WHICH GOVERNS HOW ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED AND WHICH MAY AFFECT YOUR LEGAL RIGHTS TO FILE OR PARTICIPATE IN A LAWSUIT.

CHANGES TO TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the section titled “Disputes; Mandatory Arbitration and Class Action Waiver” will not apply to any disputes for which the parties have actual notice of on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

If you have questions or concerns about these Terms of Use, please send an e-mail to info@athleticbrewing.com.

USER OBLIGATIONS

Accessing the Services and Account Security

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services; and
• Ensuring that all persons who access the Services through your internet connection or mobile device are aware of these Terms of Use and comply with them.

To access the Services or some of the resources that are offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policies, and you consent to all actions we take with respect to your information consistent with our Privacy Policies.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You agree not to do any of the following while using the Services:

• Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• Misrepresent or try to deceive any person or entity as to your identity or the identity of anyone else;
• Exceed authorized access, tamper with, or misuse any areas of the Services or the Company’s computer systems, resources, programming, code or communications capabilities, or any features or functions of the Services;
• Frame or link to the Services or any of our other sites or applications, unless permitted in writing by the Company;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other person or entity’s use of the Services, including their ability to engage in real time activities through the Services;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Services.

USE OF SERVICES

Age Restrictions

The Services are intended solely for users who are 21 years of age or older, and any registration, use of access to the Services by anyone under 21 is strictly prohibited and in violation of these Terms of Use. By using the Services, you expressly represent and warrant that you are at least 21 years of age.

Geographic Restrictions

The Company is based in the State of Connecticut in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own risk and are responsible for compliance with local laws.

User Contributions

The Services may contain blogs, comment and review boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content (collectively, "User Contributions") on or through the Services. All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, transferrable, sublicensable, assignable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or any of our Privacy Policies;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonate any person or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company or potentially harm the goodwill or reputation of the Company or its affiliates, or any of its or their personnel or products or services;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

THIRD PARTY CONTENT AND MONITORING

Third Party Content

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the content available through the Services.

The Services may include content provided by third parties, including materials provided by other users (e.g., User Contributions) and third-party licensors, syndicators, aggregators, and/or reporting services (collectively, “Third Party Content”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any materials provided by any third parties. You are solely responsible for complying with all applicable third-party terms of agreement when using the Services, including, without limitation, the terms of any applicable wireless data service agreement. 

Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.

LINKS from the Services

The Services may contain links to other websites and/or resources provided by third parties. Such links are provided for convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on the Services does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

Linking to THE SERVICES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you;
• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• Link to any part of the Services other than the homepage; or
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

INtellectual property rights

The Services and the entire contents, features, and functionality of the Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not sell, reproduce, distribute, copy, duplicate, resell, modify, frame, mirror, repost, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or use for any commercial purpose any of the material on the Services without our prior written consent.

You must not:

• Modify copies of any materials from the Services;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services;
• Access or use for any commercial purposes any part of the Services or any services or materials available through the Services; or
• Use any part of the Services or any services or materials available through the Services in any manner that disparages or discredits the Company or any third party.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: info@athleticbrewing.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, the Company logo, and all related names, logos, brands, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

NOTICES

"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the Services, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on the Services. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an internet connected device that is compatible with, and capable of, receiving such Communications.

TERMINATION / CHANGES

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some of the Services to users, including registered users. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

DISCLAIMER OF WARRANTIES

Although we endeavor to provide current, accurate and reliable information through the Services, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, content or information available from the Internet or the Services. We cannot and do not warrant your use of the Services, or the operation or function of the Services, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the Services are free of viruses or other harmful elements or destructive code.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED THROUGH THE SERVICES.

YOUR USE OF THE SERVICES AND ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SERVICES, OR YOUR MOBILE DEVICE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE ANY OF THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If you have downloaded any Application (as defined below) from the Apple Store, in the event of any failure of such Application to conform to any applicable warranty not disclaimed or permitted to be disclaimed or limited pursuant to this Section, you may notify Apple, and Apple will refund you the purchase price for such Application, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be the responsibility of the Company.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED THROUGH THE SERVICES, ANY CONTENT ON THE SERVICES OR THIRD-PARTY WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

If you are dissatisfied with any portion of the Services, or with any part of these Terms of Use, your sole and exclusive remedy is to discontinue using the Services. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under these Terms of Use.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and services providers (and with respect to an Application that has been downloaded from the Apple Store, Apple), and its and their respective employees, officers, directors, managers, contractors, licensors, suppliers, agents, successors and assigns (the “Company Parties”) from and against any and all claims, damages, losses, costs, deficiencies, actions, investigations, liabilities, judgments, awards, fines, penalties, settlements, interest, costs and expenses (including attorneys’ fees) (“Losses”) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding (each, a “Claim”) made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of, resulting from, or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the Services; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device used to access the Services that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Company Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Company Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. The Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the applicable Company Party.

TEXT MESSAGING PROGRAMS

We offer our customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. Our Text Messaging Programs: Terms and Conditions [https://athleticbrewing.com/pages/sms-terms-conditions] (the “Text Messaging Terms”), governs such programs, and such Text Messaging Terms are hereby incorporated by reference.

MOBILE APPLICATIONS

Third-Party Fees and Messaging

The use of any Company mobile application (each, an “Application”) requires use of a Mobile Device and wireless mobile data service, which must be obtained from your wireless carrier, and may require you to obtain Internet access. You are responsible for obtaining and paying for such additional services and obtaining a suitable Mobile Device, including without limitation all usage charges related thereto.

You may be required to send and receive, at your cost, electronic communications related to an Application from the Company or third-party service providers. You may incur additional charges from such service providers in connection with your use of an Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access an Application.

License Grant

Subject to the terms of these Terms of Use, the Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the applicable Application for your personal, non-commercial use on a single mobile device (and if such Application has been downloaded from the Apple Store, on an Apple-branded mobile device) owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with such Application’s documentation and, if obtained from the Apple Store, the Apple Media Services Terms and Conditions, as in effect from time to time, located at https://www.apple.com/legal/internet-services/itunes/ (the “Apple Terms”); and (b) access, download, and use on such Mobile Device the Services made available in or otherwise accessible through such Application, strictly in accordance with these Terms of Use.

The Company may terminate the license granted hereunder at any time without notice if it ceases to support an Application, which the Company may do in its sole discretion, or for any other reason. In addition, the license granted hereunder will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use or any of the other policies and agreements referenced herein.

Upon such termination, all rights granted to you under these Terms of Use will also terminate; and you must cease all use of any Application and delete all copies of any Application from your Mobile Device and account. Termination will not limit any of the Company’s rights or remedies at law or in equity.

License Restrictions

You shall not:

• copy an Application, except as expressly permitted by the license granted herein;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of an Application;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of an Application or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Application, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Application, or any features or functionality of any Application, to any third party for any reason, including by making an Application available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Application.

Reservation of Rights

You acknowledge and agree that each Application is provided under license, and not sold, to you. You do not acquire any ownership interest in any Application under these Terms of Use, or any other rights thereto other than to use an Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to each Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

Updates

The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) an Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that each Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of an Application and be subject to all terms and conditions of these Terms of Use.

Export Regulation

An Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making any Application available outside the US.  You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and (ii) you are not listed on any US government list of prohibited or restricted parties or persons.

Acknowledgment for Users Downloading an Application from the Apple Store

You acknowledge that you have had an opportunity to review the Apple Terms before agreeing to be bound by these Terms of Use. You acknowledge that these Terms of Use are between you and the Company, and not with Apple, and the Company, its service providers and licensors, not Apple, are solely responsible for each Application and the content thereof, including, without limitation, all maintenance and support services with respect to each Application.  You further acknowledge and agree that Apple is not responsible for addressing any claims by you or any third party relating to any Application or your possession and/or use of any Application, including, but not limited to: (i) product liability claims; (ii) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy, or similar legislation.

DATA COLLECTION

All information we collect through the Services is subject to our Privacy Policy and Mobile Application Privacy Policy, as applicable. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Mobile Application Privacy Policy, as applicable.

DATA RETENTION AND SECURITY

We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

GENERAL PROVISIONS

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

Entire Agreement

These Terms of Use, and all agreements and policies referenced herein, including without limitation, the Text Messaging Terms [https://athleticbrewing.com/pages/sms-terms-conditions ], our Privacy Policy [https://athleticbrewing.com/pages/privacy-policy], and our Mobile Application Privacy Policy [https://athleticbrewing.com/pages/app-privacy-policy] constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

The headings are included for reference only and have no effect on the meaning of any provision.

DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER

All matters arising out of or relating to the Services, these Terms of Use, the purchase of any product or service on any of the Websites or through any of the Services, all agreements and policies referenced herein, and any Dispute (as defined below) shall be 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

You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this section. The procedures set forth herein shall be the sole and 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.

Prior to commencing a demand for arbitration under this section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction.  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:

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.

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.

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.

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.

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.

The parties agree to arbitrate solely on an individual basis, and that the terms and conditions hereof 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.

YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF 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.

Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of hereof 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 the terms and conditions hereof 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.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Third-Party Beneficiaries

With respect to an Application only, if such Application has been downloaded from the Apple Store, the parties hereby designate Apple and its subsidiaries as third-party beneficiaries of these Terms of Use having the right to enforce these Terms of Use against you.  Except as set forth in the immediately preceding sentence, the parties do not confer any rights or remedies upon any other person or entity other than the parties to these Terms of Use and their respective successors and permitted assigns.

Your Comments and Concerns

The Services are operated by Athletic Brewing Company LLC, 75 Cascade Boulevard, Milford, CT 06460.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@athleticbrewing.com.

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