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Thank
you for visiting Beer2Buds.com. Beer2Buds provides services to you
subject to the following conditions and terms. If you visit
Beer2Buds.com and/or any of its affiliates, you accept these
conditions and terms in full, and agree to be completely bound by
them.
COPYRIGHT
The
content included on this site, such as images, data, software, text,
logos, and graphics, is the property of Beer2Buds or its content
suppliers, and protected by United States and international copyright
laws. The compilation of all content on this site is the sole
property of Beer2Buds and protected by U.S. and
international copyright laws. All software used on this site is the
property of Beer2Buds or its software suppliers and
protected by United States and international copyright laws.
TRADEMARKS
Beer2Buds.com,
and other graphics, logos, page headers, button icons, scripts, and
service names are trademarks, registered trademarks or trade dress
of Beer2Buds or its affiliates. Beer2Buds's trademarks
and trade dress may not be used in connection with any product or
service that is not Beer2Buds's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
discredits Beer2Buds. All other trademarks not owned
by Beer2Buds or its affiliates that appear on this site are
the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Beer2Buds or its
affiliates.
REFUND
POLICY
All Beer2Buds
beer cards are valid for one (1) year from the date the bar is
selected. There are no refunds. In some instances customers may, in
Beer2Bud's discretion, have their account credited to resolve
disputes. Beer2Buds has no control over and therefore takes no
responsibility for the quality of the goods for which the beer card
(gift certificate or coupon) is redeemed.
E-MAILS
Visiting
Beer2Buds.com or sending e-mails to us means you are electronically
communicating with us. You consent to receive communications from us
electronically or otherwise. You may elect not to receive our e-mail
communications by opting out of Beer2Buds emails.
USE
OF BEER2BUDS.COM
Use
of the Service is void where prohibited. If you are under 21
years of age in the United States, you may not use Beer2Buds. By
using the Service, you represent and warrant that you are at least 21
years of age, and that you agree to abide by all of the terms and
conditions of this Agreement. Beer2Buds reserves the right to refuse
service, terminate accounts, remove or cancel beer cards in their
sole discretion. Without limiting the foregoing sentence, Beer2Buds
reserves the right to refuse service, terminate accounts, remove or
edit content, or remove or cancel beer cards if the company has
reason to believe that the Service is being used for an improper
purpose, such as money laundering or commercial bribery.
All
merchants participating in Beer2Buds remain responsible for enforcing
all applicable laws of their state and local government, including
the minimum purchase age, laws against servicing intoxicated persons,
and other restrictions. As such, a retailer retains the right to
refuse a Beer2Buds electronic beer card if it deems, at its sole
discretion, that the person attempting to redeem a beer card is not
at least 21 years of age, is intoxicated, or should otherwise not be
served.
ORDER
ACCEPTANCE POLICY
Beer2Buds
reserves the right at any time after receipt of your order to accept
or decline your order for any reason. Receipt of an electronic
order confirmation or gift confirmation does not signify permission
of any kind to redeem a gift for an alcoholic beverage should the
serving establishment deem the gift recipient not worthy for any
reason, at its sole discretion. Further, receipt of an electronic
order or gift confirmation does not signify a suggestion,
by Beer2Buds, that a gift recipient should consume an alcoholic
beverage.
CARD
REDEMPTION POLICY
Beer2Buds
gift 'beer' cards may only be redeemed at official partners of
Beer2Buds as displayed on the www.Beer2Buds.com website. A Beer2Buds
card cannot be redeemed for cash at any of our merchant locations. In
order to redeem an alcoholic drink the individual must be over 21
years of age, or the legal drinking age in the United States. It is not
Beer2Buds.com’s legal responsibility to ensure that a recipient of
a Beer2Buds gift card is over 21 years of age, rather it is the
responsibility of our redemption merchant partners to ensure that the
person redeeming the voucher is over 21 years of age. Beer2Buds gift
cards can be refused by any redemption merchant partner at its sole
discretion. If an order exceeds the amount of the gift card, the
balance must be paid by the user of the gift card by other methods,
such as but not limited to credit card, debit card or cash. Payment
methods for all products purchased by the user of the beer card over
and above the value of the Beer2Buds gift card is at the sole
discretion of the redemption partner. Beer2Buds gift cards and unused
portions of gift cards expire one (1) year from the date of issue,
where permissible under applicable law. Beer2Buds.com cards can be
redeemed for non-alcoholic beverages and food.
USE
RESTRICTIONS
Beer2Buds
grants you a limited, non-exclusive license to access and make
personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express
written consent of Beer2Buds. This license does not include any
resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of Beer2Buds. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Beer2Buds and
our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing the
Beer2Buds name or trademarks without the express written consent
of Beer2Buds. Any unauthorized use terminates the permission or
license granted by Beer2Buds as set forth above. You are
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Beer2Buds so long as the link
does not portray Beer2Buds, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS
SITE IS PROVIDED BY BEER2BUDS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BEER2BUDS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEER2BUDS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BEER2BUDS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM BEER2BUDS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. BEER2BUDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR GIFT CARDS GENERATED FROM THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. FURTHER, BEER2BUDS WILL NOT BE
LIABLE FOR ANY DAMAGES RESULTING FROM E-MAILING OR OTHERWISE
COMMUNICATING WITH YOU
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS
DISPUTES
Any
dispute relating in any way to your visit to BEER2BUDS or to products
you purchase through BEER2BUDS shall be submitted to confidential
arbitration in King County, Washington, except that, to the extent
you have in any manner violated or threatened to violate BEER2BUDS's
intellectual property rights, BEER2BUDS may seek injunctive or other
appropriate relief in any state or federal court in the state of
Washington, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration
proceedings or otherwise.
ARBITRATION
YOU
AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR
ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT
OF THESE CONDITIONS OF USE OR THE SERVICE SHALL BE FINAL AND BINDING
ARBITRATION, except that to the extent that either of us has in any
manner infringed upon or violated or threatened to infringe upon or
violate the other party's patent, copyright, trademark or trade
secret rights, then the parties acknowledge that arbitration is not
an adequate remedy at law and that injunctive or other appropriate
relief may be sought.
Arbitration
under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration
Rules and, in the case of consumer disputes, the AAA's Supplementary
Procedures for Consumer Related Disputes ( the "AAA Consumer
Rules") (collectively the "AAA Rules"). The location
of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and
shall be subject to the limitations provided for in the AAA Consumer
Rules (for consumer disputes). If such costs are determined to be
excessive in a consumer dispute, the Company will be responsible for
paying all arbitration fees and arbitrator compensation in excess of
what is deemed reasonable. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent
jurisdiction.
To
the fullest extent permitted by applicable law, NO ARBITRATION OR
CLAIM UNDER THESE CONDITIONS OF USE SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING
ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any
claim, action or proceeding by you related in any way to the Service
be instituted more than three (3) years after the cause of action
arose.
APPLICABLE
LAW
By
visiting Beer2Buds, you agree that the laws of the state of
Washington, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that might
arise between you and Beer2Buds or its affiliates.
DEALINGS
WITH ADVERTISERS AND MERCHANTS
Your
correspondence or business dealings with, or participation in
promotions of, advertisers and merchants 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 or merchant. To the fullest extent permitted by applicable
law, you agree that: (a) Beer2Buds shall not be responsible
or liable for any loss or damage of any kind incurred as the result
of any such dealings or as the result of the presence of such
advertisers and merchants on Beer2Buds.com or any
of Beer2Buds's affiliates, and (b) any orders placed by you
on, and any product specifications and product availability appearing
on Beer2Buds.com or any of Beer2Buds's affiliates are
subject to confirmation by, and the terms and conditions of business
of, the relevant Merchant.
SITE
POLICIES
We
reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
BEER2BUDS
ACCOUNT
If
you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. Beer2Buds
and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel beer cards in their sole
discretion.
SALES
TAXES
Each
customer shall be solely responsible for all sales taxes, or other
taxes, on beer cards consumed at any location which requires sales
tax or other use tax to be paid.
INDEMNITY
You
agree to indemnify and hold the Company, its subsidiaries and
affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection
with your use of the Service, your conduct in connection with the
Service, or any violation of this Agreement or of any law or the
rights of any third party.
GENERAL
These
Conditions of Use constitute the entire agreement between you and
Company regarding the use of the Service, superseding any prior
agreements between you and Company relating to your use of the
Service. The failure of Company to exercise or enforce any right or
provision of these Conditions of Use shall not constitute a waiver of
such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision
of these Conditions of Use shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these Conditions of Use and shall not affect the validity and
enforceability of any remaining provisions.
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