“Us” means Faith American Brewing Company, LLC, a New York Limited Liability Company.
“We” means Faith American Brewing Company, LLC, a New York Limited Liability Company.
“You” means the person who is accessing or using the Website.
“Your” is a reference to something which belongs or refers to You.
B. No Account. You do not need to establish an account with us in order to use the Website.
C. Information On The Website. The Website will from time to time set forth various information regarding the products which are owned by us and the possible availability of such products at a given location.
D. Prohibited Uses. You may not use the Website for any of the following:
(2) In any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(3) Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.
(4) To bully, defame, annoy and/or harass any person or institution, whether explicitly or implicitly, and whether by direct reference or otherwise.
(5) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).
(6) Collect data for any direct or indirect marketing activity.
B. FAITH AMERICAN BREWING COMPANY, LLC, THE AFFILIATES OF FAITH AMERICAN BREWING COMPANY, LLC AND OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS OF FAITH AMERICAN BREWING COMPANY, LLC (HEREINAFTER IN THIS SECTION SEPARATELY AND COLLECTIVELY INCLUDED WITHIN THE TERM FAITH AMERICAN BREWING COMPANY, LLC) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE WEBSITE. YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND FAITH AMERICAN BREWING COMPANY, LLC, EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.
C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES WHICH COULD BE CONSTRUED TO APPLY TO YOUR USE OF THE WEBSITE.
As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
B. Your Use Of The Website. Your use of the Website does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Website or is used in connection with the Website.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Without limiting the generality of the foregoing, the limited license granted to you does not mean and shall not be construed to mean that you have the right or permission to change, copy, distribute, license, sell, transfer, transmit, broadcast or otherwise exploit the Website, or to prepare any derivative work based upon the Website or within the Website.
Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party’s request, to arbitration on the merits of said case.
B. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
C. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.
E. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
If you prevail in the arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under New York law. If we prevail in the arbitration, we may be entitled to an award of attorneys’ fees and expenses.
F. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA in the case where you initiate the arbitration.
Dated: December 5, 2018
© 2019 Faith American Brewing Company, LLC. All rights reserved.