Brewvana is owned and operated by CBT Group, LLC. together with its subsidiaries and affiliates (which operate as an integrated business, generally doing business as “CBT”). When you purchase an item using our web site or our site, you agree to be bound by these terms of service, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site including such as special offers or promotions, which may be amended from time to time and we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Web site. Please keep in mind these are separate and relate to a different location and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Brewvana as “we”, “us” or “our” (or, of course “CBT”).
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue the use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement. If you have questions or concerns about our specific terms, please send an e-mail to support@Brewvana.com.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER.
If you do not meet these requirements, you are not authorized by us to use or view any of the Sites. If you have questions or concerns about our specific terms, please send an e-mail to support@Brewvana.com
You agree not to do any of the following while using the Brewvana.com Web site:
(a)Intentionally or unintentionally violate any law, regulation or these Terms & Conditions; (b)Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities; (c) Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; (d) Distribute, retransmit, republish, reuse, re-post, or use any of the design features, logos, tradenames, trademarks or other content of the Sites for public or commercial purposes, without Brewvana’s prior written permission; (e) Post, share, send, or otherwise use the Sites to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (f) Alter or interfere with the content or functioning of the Sites, or “mirror” any content contained on the Sites on any other server; (g)Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; (h) Exceed authorized access, tamper with, or misuse any areas of the Sites or Brewvana’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution;(i)Attempt to circumvent any technological measure implemented by CBT or any of Brewvana’s providers or any other third party (including another user) to protect the Sites; (j) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Sites; (k) Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.
You are responsible for your use of the Sites, and for any use of the Sites made using your account. Your use of our Sites is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access of our Sites.
You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively “Feedback”) submitted to CBT shall become the property of Brewvana. CBT will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, CBT will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Brewvana, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
CUSTOMERS WITH DISABILITIES
CBT strives to make our Sites’ content accessible and user-friendly. Consistent with this goal, we continually strive to meet online usability and design standards recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines 2.0, Level AA (WCAG 2.0 AA) or other standards to the extent required by the Americans with Disabilities Act (ADA).
If you are having difficulty viewing the content on our Sites or navigating our Sites, please contact us at firstname.lastname@example.org or call 855-461-2337.
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, and SurfWatch. We do not sponsor or endorse or control any of these companies or their services.
All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, trade names, or brand or product names which are owned us or by third parties who license them to us. Unless authorized in writing by an officer of CBT Group LLC, you may not use any Content. Even if we consent in writing, you may not use any of our Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Sites by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
Our site may contain links to other websites and/or resources. 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 our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
ERRORS, INACCURACIES AND OMISSIONS
Prices and availability of products and services are subject to change without notice. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged.
THE SALE OF ALCOHOLIC BEVERAGES
Our retail store and our CBT website does not sell alcohol to anyone under the age of 21 or anyone outside the United States. By using the CBT website, you swear and affirm and represent to us that you are over the legal age required and necessary to buy alcoholic beverages and products and CBT will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from CBT is over the age of 21. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CBT reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Once a sale has been approved, there are two ways to receive your purchase: (i) Shipping, either intrastate or interstate, which means that a common carrier will deliver your order as specified by you. It is your responsibility to pay any applicable state taxes (including the sales tax), if any, assessed by the state where the sales transaction occurred. (ii) In-Store pickup (or “ISP”), where one of our Store team members will pick your order and have it waiting for you to pick up at an agreed-upon appointment time.
California Residents: If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA, 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
SHIPPING, TITLE AND OWNERSHIP OF ALCOHOL
In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. Title to, and ownership of, all alcoholic beverages passes from us to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from our store/warehouse to his/her home State. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, beer and cider. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address. In all instances, any solicitation, invitation, offer, advertisement, or communication to purchase from CBT is void where prohibited by law. You may be required to submit detailed reports of the products in your cellar to your residing state’s legal authorities using the forms they supply. You agree to be responsible to meet all such reporting requirements imposed by the alcoholic beverage control authorities in the jurisdiction you reside. CBT, as a condition of sale, assumes no obligation and bears no responsibility whatsoever for applying for or obtaining any such permits or licenses. Therefore, you are strongly advised to investigate such limitations and to determine the manner in which alcoholic beverages may lawfully be brought. You are responsible for all applicable excise, use and sales taxes due to their state related to the purchase of any taxable goods.
After you place an order using our shopping cart, we will check the information you give us for validity and accuracy, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Brewvana.com does not ship alcohol to the following states due to state legislative restriction: AK, AL, AR, DE, HI, IN, MD, MO, MS, NC, UT, WV, and VT.
We do not ship alcohol internationally.
ORDER LIMITATIONS AND PRODUCT AVAILABILITY
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
Some items, especially highly-allocated or limited-quantity items, may be listed on the Sites but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items.
TERMINATION OF USE
We may terminate your CBT account or prevent use of the Sites with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Sites at any time without prior notice.
We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, pandemic, computer or telecommunications failure or other circumstance beyond our control.
GOVERNING LAW & VENUE
This agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.
DISCLAIMER AND WARRANTIES
We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Sites. OUR SITES, THEIR CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITES, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
LIMITATION OF LIABILITY
If you are dissatisfied with any portion of Sites, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Sites and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend, and hold harmless CBT, its affiliates, subsidiaries employees, officers, agents, vendors and service providers (“CBT Affiliates”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any CBT Affiliates, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (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 site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, 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) CBT Affiliates use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by CBT Affiliates in the defense of any Claim and Losses. Notwithstanding the foregoing, CBT Affiliates retain the exclusive right to settle, compromise and pay any and all Claims and Losses. CBT Affiliates 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 a CBT Entity.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is Brewvana’s goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, CBT is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Brewvana, you acknowledge and agree that you will first give CBT an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to CBT LLC, 675 VFW Parkway #257 Chestnut Hill MA 02467, Legal Department, Re: Customer Dispute. You then agree to negotiate with CBT in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Brewvana’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the CBT Affiliates’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the CBT Affiliates and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Washington shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Washington shall apply.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the CBT Affiliates, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND CBT, BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than two (2) years after the cause of action arose.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.
In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.