Orofino Technology Group, LLC has created the www.brewclick.com website to provide an online platform for brewers, distributors, liquor stores, and brew fans.
Our Terms and Conditions of Use govern your use of our website, and apply to all visitors to the website. Please read these Terms in conjunction with our privacy policy and other rules or procedures on this website.
PLEASE READ THESE TERMS BEFORE YOU ACCESS OR USE THIS WEBSITE. BY ACCESSING THE WEBSITE OR REGISTERING AS A MEMBER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS THE WEBSITE OR REGISTER AS A MEMBER.
These Terms govern (i) your use of the website, (ii) your receipt of services through the Website, (iii) your provision of content, such as music, video, sound, text, graphics, or other content to others through the website; and (iv) your use of content obtained through or from the web site. If you access this website or use our services you are deemed to have agreed to these terms. In addition, if you become a registered member, you will be prompted to electronically accept these terms through a button click, checkbox, or other facility requiring action on your part, which further evidences your agreement to these Terms.
In order to register as a registered member you must be 21 years old or older, represent that you do not reside in a state that prohibits your use of the functions of this website, and agree to abide by these Terms and our privacy policy.
Individuals representing third parties (such as an employee or agent representing a corporation or other legal entity ,) represent and warrant that they have authority to bind the third party to these Terms and our privacy policy.
We offer registered members the following:
So long as you comply with these Terms, you may use the website, and participate in our services. We may, in our discretion, and without prior notice, change the services offered through the website.
Your use of our software is governed by the terms of the end user license agreement, if any, which accompanies the software. Any misuse, reproduction or redistribution of the software in violation of the license agreement is prohibited.
All content available on or through our website which is not provided by registered members or advertisers is owned by us or by our licensors, and is protected by U.S. and international copyright and other intellectual property laws. You may not to duplicate, publish, display, distribute, modify, or create derivative works from our content on the website except as expressly allowed in this agreement. Although we do not own content provided by Registered Users, we own, and may use, without restriction, all data provided by individual Registered Users that indicate the preferences of individual Registered Users.
As a condition to your use of the website, you agree not to:
We may, from time to time, monitor your use of the website, and take all actions necessary to protect our registered members and visitors, including restricting or terminating your access to the website.
We reserve the right to edit, to refuse to post, or to remove any content that we determine, in our discretion, violates the rules of participation set forth above.
We may revoke or limit your access to the website if you engage in activities that we determine, in our discretion, breach our rules of participation set forth above.
You acknowledge and agree to release us, our managers, members, agents, employees, subsidiaries, and affiliates from any claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with any other registered member, with us, and with any advertiser that advertises on the site. We may allow advertisements on our website. The presence of an advertiser on the website is not an endorsement by us of the advertiser and we are not responsible for your dealings with Advertisers.
We make no representations of any kind, express or implied, as to the operation of our website, any third-party website or any third-party services accessed through our website. The website and our services are provided on an “as is” and “as available” basis. We do not promise that the website will be virus free, error-free or uninterrupted, or that the website will provide specific results from your use of any content, search, or link on it.
WE DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND SERVICE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF OUR WEBSITE, OUR SERVICE, OR THE CONTENT.
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, managers, members, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
If you believe that anything on our website constitutes infringement protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) as follows:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We may modify and change these Terms from time to time. All changes will apply proactively, once you next access the website.
These Terms of Service shall not be assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of state of Colorado without giving effect to its conflicts of law provisions. You and we submit to the personal jurisdiction of and venue in the state and federal courts in the City of Castle Rock and County of Douglas, Colorado. The parties agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You will continue to enjoy your rights and to owe obligations under these Terms until you cease your use of the services, or your password is revoked or suspended by us, or we discontinue offering the website or service.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Section 3.6 (Termination of Licenses), Section 4.4 (Ownership of Our Content), Section 6.4 (No Warranty), Section 8 (Limitation of Liability), Section 8 (Indemnity), Section 11 (Assignment), Section 12 (Jurisdiction and Venue), and Section 15 (Survival).
If certain of these Terms conflict with our privacy policy, the terms of our Privacy Policy will control. If these Terms conflict with the terms of any specific agreement you enter with us, the terms of such specific agreement will control. If any rules or procedures on this website conflict with these Terms, these Terms will control.
If you have any questions about the Terms, our Privacy Policy, the rule, procedures or practices of this website, or your dealings with us, please contact us at: