BREWFUND TERMS OF USE FOR USERS

DEFINITIONS

"Breweries" means the brewpubs, microbreweries, craft breweries, and contract brewing companies with whom BrewFund works to provide Services.

"BrewFund" means BrewFund, Inc., a corporation formed under the laws of the State of Tennessee and includes the Mobile App and Site.

"Communication Services" means any bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group through BrewFund's Mobile App and/or Site.

"Identifiable Information" means Your name, e-mail address, mailing address, and telephone number.

"Linked Sites" are third party sites with links on the Mobile App and/or Site.

"Mobile App" or "Purchase Application" means the mobile application that allows Users to pre-purchase alcoholic beverages at participating Breweries.

"Privacy Policy" means the BrewFund Privacy Policy, posted on the Mobile App and Site.

"Redemption App" means the Breweries' point-of-sale system or other technology that allows redemption of alcohol units purchased through the Purchase Application.

"Services" means the online platforms offered by BrewFund through BrewFund's Mobile App and/or Site.

"Site" means BrewFund.com, the website comprised of various web pages operated by BrewFund, Inc.

"Submissions" means materials You provide to the App (including feedback and suggestions) or post, upload, input or submit to the Mobile App and/or Site.

"Terms" means the terms, conditions, and notices contained within this BrewFund Terms of Use for Users.

"User" or "You" means the person utilizing BrewFund's Services through BrewFund's Mobile App and/or Site.

AGREEMENT BETWEEN USER AND BREWFUND

Welcome to BrewFund. The Services offered to You through BrewFund's Mobile App and/or Site are conditioned upon Your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Mobile App and/or Site constitute your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference.

BREWFUND IS AN E-COMMERCE APPLICATION AND WEBSITE

BrewFund's Mobile App and/or Site allows You to digitally give another person a beer that can be redeemed at Breweries. The Mobile App and/or Site facilitate the purchase on behalf of the Breweries and they allow the User to manage their account information, past purchases, and gifts that they have received. The Mobile App and/or Site also allow the User to advertise a dedicated link to his or her account in order to help anyone over 21 years of age to buy them beer.

PRIVACY POLICY

Your use of BrewFund's Mobile App and/or Site are subject to BrewFund's Privacy Policy. Please review BrewFund's Privacy Policy, which also governs the Mobile App and Site and informs Users of BrewFund's data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting BrewFund's Mobile App and/or Site, sending emails to BrewFund, and utilizing the Mobile App and/or Site's support features all constitute electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that BrewFund provides to You electronically, via email, push notifications through the Mobile App, and notifications through the Site satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If You use the Mobile App and/or Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and mobile devices, and You agree to accept responsibility for all activities that occur under You account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that BrewFund is not responsible for third party access to Your account that results from theft or misappropriation of Your account. BrewFund and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

BrewFund does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 21 years of age, you may not use the BrewFund Mobile App or Site for any reason or purpose.

CANCELLATION/REFUND POLICY

All purchases are final. The funds are forwarded to the Breweries directly, and BrewFund is unable to issue any direct refunds. If a purchase was made by mistake, please contact BrewFund at support@brewfund.com and BrewFund will attempt to open a dialog with the venue. All final decisions on refunds will be at the discretion of the Breweries.

LINKS TO THIRD PARTY SITES AND SERVICES

The BrewFund Mobile App and Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BrewFund and BrewFund is not responsible for the contents of Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BrewFund provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by BrewFund of the site or any association with its operators.

Certain services made available via the BrewFund Mobile App and Site are delivered by third party sites and organizations. Examples of these services may include but are not limited to facebook.com, twitter.com, instagram.com, etc. By using any product, service or functionality originating from the Mobile App or Site, You hereby acknowledge and consent that BrewFund may share such information and data with any third party with whom BrewFund has a contractual relationship to provide the requested product, service or functionality on behalf of BrewFund Users.

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the BrewFund Mobile App and/or Site strictly in accordance with these Terms. As a condition of Your use of the Mobile App and/or site, You warrant to BrewFund that You will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Mobile App and/or Site in any manner which could damage, disable, overburden, or impair the Mobile App and/or Site or interfere with any other party's use and enjoyment of the Mobile App and/or Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mobile App and/or Site.

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Mobile App and/or Site, is the property of BrewFund or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Mobile App and/or Site. BrewFund content is not for resale. Your use of the App does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for Your personal use, and You agree to make no other use of the content without the express written permission of BrewFund and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. BrewFund does not grant You any licenses, express or implied, to the intellectual property of BrewFund or its licensors, except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES

BrewFund's Mobile App and/or Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"), You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

BrewFund has no obligation to monitor the Communication Services. However, BrewFund reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BrewFund reserves the right to terminate You access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BrewFund reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BrewFund's sole discretion.

Always use caution when giving out any Identifiable Information about You or Your family in any Communication Service. BrewFund does not control or endorse the content, messages or information found in any Communication Service and, therefore, BrewFund specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Breweries are not authorized BrewFund spokespersons, and their views do not necessarily reflect those of BrewFund.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.

SUBMISSIONS YOU PROVIDE TO THE MOBILE APP AND/OR SITE

BrewFund does not claim ownership of the materials You provide to the App (including feedback and suggestions) or post, upload, input or submit to any BrewFund App or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission You are granting BrewFund, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Your name in connection with your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided herein. BrewFund is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in BrewFund's sole discretion.

By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

THIRD PARTY ACCOUNTS

You will be able to connect Your BrewFund account to third party accounts. By connecting your BrewFund account to Your third party account, Your acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with You privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by BrewFund from its offices within the United States of America. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use Services offered through BrewFund's Mobile App and/or Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BrewFund, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Mobile App and/or Site, any Submissions made by you, Your violation of any Terms, or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. BrewFund reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with BrewFund in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOBILE APP AND/OR SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BREWFUND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.

BREWFUND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MOBILE APP AND/OR SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BREWFUND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREWFUND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOBILE APP AND/OR SITE, WITH THE DELAY OR INABILITY TO USE THE MOBILE APP AND/OR SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BREWFUND, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE APP AND/OR SITE.

TERMINATION / ACCESS RESTRICTION

BrewFund reserves the right, in its sole discretion, to terminate Your access to the Mobile App and/or Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and You hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Mobile App and/or Site. Use of the Mobile App and/or Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and BrewFund as a result of this agreement or use of the Mobile App and/or Site. BrewFund's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BrewFund's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by BrewFund with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and BrewFund with respect to the Mobile App and/or Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BrewFund with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

MODIFICATION OF TERMS

BrewFund reserves the right, in its sole discretion, to modify the Terms under which Services are offered through the Mobile App and/or Site. The most current version of the Terms will supersede all previous versions. BrewFund encourages YOU to periodically review the Terms to stay informed of its updates.

CONTACT US

BrewFund welcomes your questions or comments regarding the Terms:

BrewFund, Inc.
201 E Main St, Suite #2
Johnson City, Tennessee 37604

Email Address:

Telephone Number:
(423) 218-9744

Updated May 1, 2016