Terms and Conditions

Welcome to www.brewmation.com (the “Site”), owned and operated by Brewmation, a brand of Alpha Beverage Operations, and its affiliates (“Brewmation,” “we,” “us,” “our”). These Terms and Conditions govern your use of and access to the Site, all related tools, products, and services that we may offer from time to time (collectively, the “Services”).

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND BREWMATION. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING AN ACCOUNT. BY USING THE SERVICES, CREATING AN ACCOUNT, AND/OR MAKING AN ONLINE PURCHASE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES.

YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “ARBITRATION” SECTION BELOW FOR ADDITIONAL INFORMATION.

1. Modifications and Updates to this Agreement

We reserve the right, at any time, to modify, alter, and/or update this Agreement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Agreement. We will use reasonable efforts to notify you in the event material changes are made to this Agreement, such as by posting a notice on the Site or sending you an email. Your continued use of the Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.

2. Eligibility

The Services are offered and available to natural persons who are 18 years of age or older. IF YOU ARE 16 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD 16 OR OVER, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

3. Privacy

Please review our Privacy Notice in order to learn about our practices with respect to the collection and processing of your information. The Privacy Notice is hereby incorporated by reference into this Agreement.

4. Account Registration and Communication Preferences

Some areas of our website may permit you to create an account. By creating an account, you agree to provide accurate, current, and complete information about yourself, and to maintain and promptly update as necessary your account information. You are solely responsible for the security of your account and you agree to maintain the security of your account and associated password. By creating an account, you consent to receive electronic communications from us, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

5. Intellectual Property Rights

You acknowledge and agree that we or our licensors own all legal right, title, and interest in and to all elements of the Services. The Services, and all of its contents, including without limitation, the Brewmation name and logo and all text, photographs, images, illustrations, graphics, video material, audio material, music, software, tools, logos, titles, names, button icons, and the selection and arrangement thereof on the Site (collectively “Site Content”), are or may be protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us. Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.

6. Trademarks

The Brewmation name and logo and all related names, logos, domains, product and service names, designs, and slogans are trademarks of Brewmation / Alpha Beverage Operations or our licensors. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. License

Our License to You: You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell, or use commercially the Services or Site Content, (b) distribute, publicly perform, or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us, and (f) use the Services or Site Content other than for their intended purposes.

Your License to Us: If you submit any photographs, videos, ideas, suggestions, comments, ratings, reviews, and/or feedback to us about or in connection with the Services, any of our products or services, or any other Site Content (collectively, “UGC”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable license to use and disclose your name, applicable social media account name or handle, and UGC for any purpose, including without limitation, as part of the Services, our product and service offerings, and any improvements and modifications to any of the foregoing. You acknowledge and agree that we shall have no obligation to compensate you for any use of your UGC, nor will we be under any obligation to use any UGC you may submit.

8. Third-Party Websites and Applications

The Services contain links to third-party websites, services, and applications that are not owned, operated, or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend, or endorse and are not responsible for these websites or applications or their content, products, services, or privacy policies or practices. When you access these third-party websites, services, or applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites, services, or applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third-party websites, services, or applications, or the information or material accessed through these third-party websites, services, or applications. If you decide to access any other websites or applications linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites, services, or applications.

9. Acceptable Use and User Conduct

You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate, or instruct others to use, the Services, or any part thereof, to: provide, submit, or upload false, inaccurate, or misleading information; impersonate another user, person, or entity, or use or attempt to use another user’s account without express written consent from such user and Brewmation; infringe upon, misappropriate, or violate any other party’s intellectual property, privacy, publicity, statutory, legal, personal, or other rights; collect, track, harvest, or otherwise collect information about others, including without limitation email addresses, without proper consent; send, upload, promote, distribute, disseminate, incite, or encourage any unlawful, defamatory, disparaging, harassing, insulting, abusive, harmful, discriminatory, threatening, intimidating, malicious, fraudulent, violent, obscene, or otherwise objectionable content; upload, transmit, or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other type of malicious code or items of a destructive or deceptive nature; modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile, or disassemble the Services or portion thereof by any means, other than as expressly permitted by this Agreement; reformat, frame, or mirror any portion of the Services; use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader, or similar data mining, gathering, or extraction tools or methods not authorized by us; undertake, engage in, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation; or use the Services for any other unlawful, improper, or unethical purposes, or to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

If you violate the terms of this Agreement, including without limitation the foregoing Acceptable Use standards, we reserve the right, in our sole discretion, to suspend or terminate your account and block your access to the Site and Services, and take all other measures we deem appropriate in light of your conduct.

10. Copyright Claims

Brewmation respects the intellectual property rights of all creators. If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work(s) claimed to have been infringed; identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site; information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, or email address; a statement that you (the complaining party) “have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and a statement that the information in the notice is accurate and, under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the copyright owner.

Please send the DMCA notice to:

Brewmation
A brand of Alpha Beverage Operations
Attn: DMCA Notice
56 Old US-9
Fishkill, NY 12524
Email: support@brewmation.com

Please include the following in the subject line of your email: Brewmation DMCA Notice. In response to a valid DMCA notice, Brewmation reserves the right to remove the allegedly infringing content from the Services.

11. Disclaimer

VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES, AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BREWMATION MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; (b) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY, OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, OR SITE CONTENT; AND (c) ANY WARRANTIES AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICES.

WE DO NOT REPRESENT, WARRANT, OR GUARANTEE: (x) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF BREWMATION ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (y) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (z) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THE SERVICES ARE VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAWS. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES.

12. Indemnification

By using the Services, you agree to indemnify, defend, and hold Brewmation, Alpha Beverage Operations, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs, and expenses (including without limitation, reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services; (ii) any violation by you of this Agreement, our Privacy Notice, or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BREWMATION, ALPHA BEVERAGE OPERATIONS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY THIRD-PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, 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.

14. Termination

This Agreement is effective until terminated. We reserve the right, in our sole discretion, to suspend or terminate your access to and use of the Services, and any account you may have with us, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease, but the provisions of this Agreement that by their nature should survive termination will continue to apply.

15. Electronic Communications

By using the Services, you consent to receive communications from us electronically, including by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Brewmation agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between you and Brewmation (a “Dispute”) shall be resolved by binding individual (and not class) arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules. The seat of arbitration shall be Lancaster County, Nebraska. The arbitration: (1) shall be conducted by a single neutral arbitrator; (2) the existence, content, and results of any arbitration shall be confidential, and neither you nor Brewmation may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (3) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (4) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Brewmation may seek any interim or preliminary relief from a court of competent jurisdiction in Lancaster County, Nebraska, necessary to protect its rights or property pending the completion of arbitration.

Class Action Waiver: You and Brewmation agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Brewmation otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17. Governing Law

We control and operate the Services from the United States. We do not represent that the Site Content or other materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Site in violation of United States export control laws. You agree that any dispute arising under or related to this Agreement will be governed by, and construed in accordance with, the laws in effect in the State of Nebraska, without regard to its conflicts of law principles. Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in Lancaster County, Nebraska, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.

18. Severability

If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.

19. Survival

All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your account shall so survive.

20. Miscellaneous

This Agreement is the entire agreement between you and Brewmation with respect to the Site, Services, and Site Content, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Brewmation with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Brewmation. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of our right to enforce such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third-party beneficiary rights upon any other person or entity.

21. Contact Us

If you have any questions about the Services or the terms of this Agreement, please send us an email at support@brewmation.com or write to us at:

Brewmation
A brand of Alpha Beverage Operations
56 Old US-9
Fishkill, NY 12524

Text Messaging Terms of Service

The mobile message service (the “Service”) is operated by Brewmation, a brand of Alpha Beverage Operations. Your use of the Service constitutes your agreement to these terms and conditions (“Messaging Terms of Service”). You also accept and agree to be bound by our Privacy Notice, and any other applicable terms and agreements related to your use of our Services. You may opt out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You agree to receive recurring promotional marketing text (e.g., SMS and MMS) messages from Brewmation, including personalized marketing text messages, to the mobile telephone number you provided when signing up or any other number that you designate. Service-related messages may include updates, alerts, and information (e.g., order updates, product recalls, account alerts). Promotional messages may include promotions, specials, and other marketing offers. Consent to receive automated marketing text messages is not a condition of any purchase.

Message Frequency. Message frequency will vary. Brewmation reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.

Supported Carriers. Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others.

Support / Help. For HELP, reply “HELP” to any text message you receive from us, or email support@brewmation.com. Message and data rates will apply and you should check the rates of your mobile carrier. Text messages are distributed via third-party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Brewmation, its service providers, and the mobile carriers supported by the program do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

Termination of Text Messaging. Brewmation reserves the right to modify or discontinue, temporarily or permanently, all or any part of text messages, with or without notice to you. Reply STOP to any text message you receive from us to stop receiving messages.