PERSONAL USE ONLY
You may make personal use of all of the information you access on BrewFoods.com (“Information”), but you may not take any of the Information and reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from BrewFoods.com without BF’s written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on BrewFoods.com. If you want to make commercial use of the BF Information or Services, you must enter into an agreement with BF.
SURVEY RESPONSES, FEEDBACK, AND OTHER CONTRIBUTIONS TO BREWFOODS.COM
By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to BrewFoods.com through its surveys, “contact us,” BrewFoods.com community pages, or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BF is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of BF without any obligation of BF to you and BF shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) BF may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from BrewFoods.com under any circumstances for your Contributions.
MODIFICATIONS AND TERMINATION OF USE
BF reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of Brewfoods.com for any reason with or without notice to you. All terminations will be made in BF’s sole discretion and you agree that BF will not be liable for any termination of your use of or access to Brewfoods.com.
YOUR DEALINGS WITH BREWFOODS.COM ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that BF will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.
LINKS TO OTHER WEBSITES
BrewFoods.com provides links to other Web sites. You acknowledge and agree that, because BF has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on BrewFoods.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that BF will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.
BREWFOODS.COM’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all materials on BrewFoods.com, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (BF’s “Proprietary Information”). All materials on BrewFoods.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from BrewFoods.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on BrewFoods.com.
USE OF BREW FOODS LOGOS
NO ILLEGAL USE
As a condition of your use of and access to BrewFoods.com, you agree not to use Brewfoods.com for any unlawful purpose or in any way that violates these TOU. You also agree not to use Brewfoods.com in any way that could damage, disable, overburden, or impair BrewFoods.com or any BF server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF BREWFOODS.COM IS AT YOUR SOLE RISK. BF PROVIDES ACCESS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BF AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BF AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF BREWFOODS.COM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREWFOODS.COM OR ITS AFFILIATES OR PARTNERS THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY WHATSOEVER.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BF AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS LICENSEES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BREWFOODS.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY.
INDEMNITY AND RELEASE
When you use BrewFoods.com, you are agreeing to indemnify BF, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, licensees and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the BrewFoods.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using BrewFoods.com you are agreeing to release BF and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, licensees and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to BrewFoods.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES.
CHANGES AND UPDATES TO THESE TERMS OF SERVICE
Choice of Law and Forum. The TOU and the relationship between you and BF shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and BF agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois.
Waiver and Severability of Terms. The failure of BF to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Entire Agreement. The TOU constitutes the entire agreement between you and BF and governs your use of the Service, superseding any prior TOU with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Brew Foods products, affiliate or third-party services.
Statute of Limitations. You agree that any claim, demand, or cause of action (“Claim”) arising out of or related to the Service or your access or visit to BrewFoods.com or these TOU must be filed by you within one (1) year after such claim arose, or it is forever barred.