Terms & Privacy

TERMS OF USE

1) Introduction: This website is provided by Martin City Brewing Co., L.L.C. and/or its related, affiliated or subsidiary companies (collectively “MCBC”). MCBC and other trademarks, service marks, trade dress and logos displayed on this site are the registered and common law trademarks of MCBC and its affiliates. By accessing this website, you accept these Terms of Use and agree that your use of this website is subject to applicable law.

2) Use of Site: By entering the website, you confirm that you are at least 21 years of age and, as such, are of sufficient legal age to create binding financial and legal obligations arising from use of the website. If you purchase any products or use certain services on the website, you must provide certain minimum the required information to us. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may only use this website to browse the content, make inquiries to MCBC, order MCBC products and not for any other purposes. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages.

3) Proprietary Rights: You acknowledge that the website contains information, software, logos, photographs, video, graphics, audio or other material (the “Content”) that are protected by valid and protected copyrights, trademarks, trade secrets, patents, or other proprietary rights. You also acknowledge that the Content is solely MCBC’s property. You agree to comply with all copyright, trademark and other applicable laws. You may not modify, transmit, sell or transfer any of the Content. You may not reprint, republish, resell, or redistribute the Content, but you may print copies of the Content only if these copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall be liable for any damage resulting from any infringement of copyrights or other proprietary rights. You acknowledge that you have no license or any other proprietary rights to the Content, the trademarks, or any other intellectual property of MCBC. Any communication or material you transmit to the website or to MCBC, whether by electronic mail or otherwise, for any reason, will be treated as non-confidential and non-proprietary. MCBC may use anything that you transmit or post to the website or to MCBC in any manner without credit or compensation.

4) Links to Third Party Websites: MCBC may provide links to websites controlled by third parties. MCBC provides these links as a convenience, and the inclusion of any link does not imply MCBC’s endorsement of those websites or any association or affiliation with those websites or their owners. MCBC is not responsible for and does not endorse the content or services on or use of those websites. MCBC makes no representations and assumes no responsibility of any kind related to those websites or your use of or reliance on the content or services of those websites, including without limitation any errors or omissions or any offensive or otherwise objectionable content contained on those websites. You acknowledge and agree that your use of any website accessed from this website is at your own risk.

5) LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES: THE WEBSITE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCBC DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE WEBSITE IS ERROR FREE OR FREE OF VIRUSES. MCBC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. MCBC DOES NOT MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR CONTENT OF THE WEBSITE. MCBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR OTHER CONTENT PROVIDED BY MCBC SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION OR CONTENT. MCBC SHALL NOT BE RESPONSIBLE FOR ANY LOST OR CORRUPT DATA OR OTHER INFORMATION. IN NO EVENT SHALL MCBC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS MCBC’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

6) Indemnification: You agree to defend, indemnify, and hold harmless MCBC, its officers, directors, employees, agents, contributors, advertisers, sponsors, investors, and licensors, from any claims, damages and expenses (including, without limitation, attorney’s fees), related to your use of the website or Content, including any breach of the Terms of Use. MCBC shall have the right, at its own expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on MCBC without MCBC’s prior written consent.

7) Termination: MCBC may terminate your access to the website, or any part of it, at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

8) Modification of Terms of Use and Website Policies. MCBC may modify these Terms of Use or any of its posted website policies, which are hereby incorporated by reference, at any time, and any such modifications shall be effective immediately upon posting. Continued use of the website after any such changes shall constitute consent to such changes.

9) Construction: In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of MCBC, and the remainder of the Terms of Use shall remain in full force and effect.

10) No Assignment/Implied Waiver/Modification: You may not assign these Terms of Use without MCBC’s prior written consent. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against any user and any user’s respective successors and assigns. MCBC’ failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of MCBC’s right to subsequently enforce such provision or any other provision of these Terms of Use. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.

11) Applicable Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, except with regard to its conflicts of law rules. Any action relating to the website or these Terms of Use must be brought in the federal or state courts located in Kansas City, MO, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the website or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises, or be barred.

12) Entire Agreement: These Terms of Use constitute the entire agreement of the parties for the website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

13) Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCBC as a result of this agreement or your use of the website.

PRIVACY POLICY

1) Introduction: Martin City Brewing Co., L.L.C. and/or its related, affiliated or subsidiary companies (collectively “MCBC”) has developed this policy to explain our online information practices, identify the kinds of information we collect, and describe how we may use this information. Your use of and/or registration on any aspect of this website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the website or submit any personally identifiable information to us.

2) Gathering and Use of Information: MCBC may collect two types of information from web users: anonymous use information, and personally identifiable information.

2.1) Anonymous use information may be collected automatically as you and others browse this website. Such information may include the identity of your internet service provider and its approximate geographic location, the operating system of your computer, the type of web browser you are using, the identity of the website that referred you to our website, the time and date that you access the website, and the web pages or content that you view. This information may be aggregated and utilized to analyze web traffic and usage or to improve the design and content of the website.

2.2) Personally identifiable information, by contrast, is collected only if you voluntarily provide it. Reasons for collecting the information include registering for one of our contests, posting content on our site, agreeing to receive a newsletter, registering to receive coupons, or otherwise participating in features of our website that ask for personal information. Such information may include your name, title, company, address, telephone number, fax number and email address. We may use this information to respond to your entry, requests and inquiries concerning our products and services, to notify you of updates and news, to personalize your browsing experience and to generate anonymous aggregated demographic information. In addition, if you correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we use to maintain information received by mail and telephone.

2.3) Under the law of some jurisdictions, such as California, you may be entitled to request disclosure of how MCBC shares your usage information with third parties for marketing purposes. To the extent legally required, MCBC will provide such information to you upon your written request to MCBC.

2.4) BE ADVISED THAT MCBC GENERALLY DOES NOT SHARE YOUR ANONYMOUS USE OR PERSONALLY IDENTIFIABLE INFORMATION WITH ANY THIRD PARTIES, BUT MCBC ULTIMATELY RESERVES THE RIGHT TO SELL, TRADE OR OTHERWISE TRANSFER YOUR NAME, EMAIL ADDRESS, PHYSICAL ADDRESS, FORM SUBMISSIONS, KNOWN BEHAVIORS AND OTHER INFORMATION TO ANY AFFILIATES, SPONSORS, OUTSIDE PARTIES OR PURCHASERS. THIS RIGHT IS GENERALLY RESERVED FOR THE PURPOSE OF CONNECTING YOU TO RELEVANT INFORMATION AND PROCESSING OWNERSHIP TRANSFERS OF MCBC AND ITS ASSETS.

3) Credit Card Information: Purchases on the website are done via credit card transactions. The transactions are handled by a third party credit card payment processing company. MCBC does not collect, access, store or process any credit card information.

4) Cookies and Other Similar Technologies: MCBC may utilize cookie technology, web beacons, transparent GIF images, and other similar devices to facilitate site administration and navigation and to provide an enhanced online experience for our visitors. Cookies are small data files that your browser stores on your computer to record your preferences and to remember the information you have accessed or provided in the past. Cookies do not contain personal information about you unless you have voluntarily provided it to us as described above. Many web browsers allow you to disable cookies if you do not wish to receive them. Devices like web beacons and transparent GIF images are tiny or transparent graphics that allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use these graphics on our Website to count and recognize users by accessing our cookies. Being able to access our cookies allows us to personalize the website and improve your experience at the Website. We may also include these graphics in HTML-formatted email messages to determine which emails were opened.

5) Mobile Applications: MCBC offers different mobile applications for download. We will use commercially reasonable efforts to protect your information. We cannot, however, control tracking by Google, Inc., Apple, Inc. or your carrier. You should read and understand the policies of any third party before making any purchase or downloading any mobile application.

6) Text Messaging: We may run certain promotions that allow you the opportunity to opt-in to receiving text messages from MCBC. If you opt-in, you agree that we may send message to the mobile device association with the number you provide about new products, promotions or offers. Your carrier may charge a fee for each message you receive. You agree that MCBC is not responsible in any way for such charges. You may opt-out of receiving such messages at any time by following the instructions provided in the text message. MCBC will consider that you have opted-in to receipt of text messages until such time as you opt-out of receiving such messages.

7) Security Measures: MCBC utilizes reasonable and appropriate measures to safeguard any personal information that you provide to us. However, since no transmission or storage of electronic data is ever completely secure, we cannot warrant or guarantee that your information will never be released in a manner that is inconsistent with this policy. By using the Website, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).

8) Disclosure of Information to Third Parties: MCBC does not disclose any user information other than providing statistics related to website traffic, aggregated customer demographics, and related information to third parties, such as advertisers. This information is not traceable to individual users. MCBC may share personally identifiable information with our partners, agents and contractors in connection with the provision of specific services to users. We require that these parties not use any such information for any purpose other than the provision of these services, and require them to comply with our privacy and security practices. MCBC reserves the right to disclose any user information when we believe that doing so is required by law or necessary to protect the property, rights, or safety of ourselves, visitors to our website, or other persons, or in the context of a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, where there is a pledge of confidentiality from the receiving party.

9) Privacy Policy of Third Party Websites and Content Providers: Some web pages may contain content provided by and links to websites operated by third parties. This privacy policy does not extend to such third party content or websites, and MCBC makes no warranty or representation concerning the privacy practices of such third parties.

10) User-Generated Content and Public Profile Features: This website may, from time to time, contain interactive areas where site users may submit comments or other content (including information about the user that might be displayed in the user’s public profile within an online community) that may be posted on the website or otherwise published. Users who do this should be aware that when they disclose personally identifiable information in content submitted for posting or publication, the information can be read and used by others. We make no representations and undertake no obligations as to the security of information you voluntarily include when submitting content.

11) Updates to the Privacy Policy: We may modify this privacy policy at any time, and such modification shall be effective immediately upon posting. Such posting will constitute notice to you of the revised policy. Therefore, you agree to review this page periodically, and your continued access or use of the MCBC Website shall be deemed your acceptance of any modifications.

12) Applicable Law: All matters relating to this site are governed by the laws of the State of Missouri in the United States. If you are located outside the United States and you access our website, any information that you provide will be transferred to the United States. By submitting such information, you explicitly authorize the transfer and processing of your information within the United States. Further, your use of the website constitutes your representation that, pursuant to the applicable laws where you are located, you are legally authorized to access and use the website.

13) Privacy Protection for Children: The website’s features, programs, promotions and other aspects requiring the submission of personally identifiable information are not intended for children, and we will not knowingly allow anyone under 13 to provide us any personally identifying information. Children should always get permission from their parents before sending any information about themselves over the Internet to us or to anyone else. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit its use.

14) Disclosures of Sweepstakes, Competition and Contest Registration Information: We may, from time to time, offer co-sponsored sweepstakes, competitions, contests, and other promotions with third party advertisers and other partners with whom we may share your registration information. Such parties will be identified in the promotion materials. If you do not want your registration information to be disclosed, do not register for any of our co-sponsored promotions.

15) Contact Information: If you have any questions, concerns, or comments regarding this privacy policy, please do not hesitate to contact us at mcbeerclub@gmail.com