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Terms of Use

Welcome to https://www.beertrail.com/ (together with its subdomains, materials, marks, and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Fests LLC d/b/a Beertrail.com and any of its affiliates (“BeerTrail.com”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agreed to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.

1. Background

The Site is intended to provide information about the platform and the services of BeerTrail.com.

2. Modification

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

To use this Site, you must be of legal drinking age in your country, province, or state of residence for the consumption of alcoholic beverages and live in a country where the consumption of alcoholic beverages is permitted. Please exit this website immediately if you are not of legal age in your place of residence for consuming alcoholic beverages or are in a country where the consumption of alcoholic beverages is not permitted.

4. Registration and Personal Data

In order to access and use certain areas or features of the Site, you will need to register for an account. Each registration is for a single user only. By creating an account, you agree to:

  • Provide accurate, current, and complete account information
  • Maintain and promptly update, as necessary, your account information
  • Maintain the security of your account credentials
  • Be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf
  • Immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account

Any changes to your registration information may be made by sending such changes to [email protected]. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

By creating an account, you also consent to receive electronic communications from BeerTrail.com (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

5. Site Access

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

6. Restrictions

You shall not:

  • Copy, distribute or modify any part of the Site without our prior written authorization
  • Use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials (defined below), except as expressly authorized herein
  • Disrupt servers or networks connected to the Site
  • Use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site
  • Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Material or that enforce limitations on the use of the Site

7. Intellectual Property Rights

7.1. Materials and Marks

The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); and (ii) the trademarks, service marks, and logos contained therein (“Marks”, and together with the Materials, the “Content”), are the property of BeerTrail.com and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “BeerTrail.com”, the BeerTrail.com logo are Marks of BeerTrail.com or its affiliates. All other Marks used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Materials.

7.2. Use of Content

Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

8. Shopping for Alcoholic Beverages

BeerTrail.com does not engage in the sale, offer, or solicitation of alcohol sales. Our Site provides a platform to search for venues that offer alcohol and other products available through licensed alcohol retailers (“Retailers”). BeerTrail.com and its officers, directors, employees, shareholders, or agents are not liable for any claims related to the purchase, sale, or consumption of alcoholic beverages or any resulting consequences. You agree to indemnify and hold harmless BeerTrail.com and its affiliates (collectively, “BeerTrail.com Parties”) from any claims, demands, losses, costs, expenses (including investigation costs and reasonable attorneys’ fees), damages, obligations, deficiencies, and liabilities arising from your improper or illegal:

  • Processing of alcoholic beverage orders
  • Purchase of alcoholic beverages
  • Receipt of alcoholic beverages
  • Consumption of alcoholic beverages

YOU ACKNOWLEDGE AND AGREE THAT BEERTRAIL.COM IS NOT INVOLVED IN OR RESPONSIBLE FOR THE SALE, SERVICE, SHIPPING, OR TRANSPORTATION OF ALCOHOLIC BEVERAGES.

9. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.

10. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about BeerTrail.com, the Site, or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of BeerTrail.com. BeerTrail.com shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site may contain links, and may enable you to post content, to third-party websites that are not owned or controlled by BeerTrail.com (“Third Party Websites”). We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by BeerTrail.com. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. BeerTrail.com reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by BeerTrail.com. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You:

  • Are solely responsible and liable for your use of and linking to third-party websites and any content that you may send or post to a third-party website
  • Expressly release BeerTrail.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

12. Privacy

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://beertrail.com/privacy (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

13. Warranty Disclaimers

This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BEERTRAIL.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BEERTRAIL.COM DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT BEERTRAIL.COM WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THIRD PARTY CONTENT, YOUR DATA, YOUR PERSONAL INFORMATION, AND ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, MATERIALS, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

YOUR RELIANCE ON, OR USE OF, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE, YOU AGREE THAT BEERTRAIL.COM IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. BEERTRAIL.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, BEERTRAIL.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEERTRAIL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF BEERTRAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BEERTRAIL.COM FOR ANY DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SITE SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO BEERTRAIL.COM FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING THE CLAIM.

15. Indemnification

You shall indemnify, hold harmless, and, at BeerTrail.com’s option, defend BeerTrail.com from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by BeerTrail.com resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the Site, any User Content that you transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that BeerTrail.com shall have control of the defense or settlement of any third-party claims, unless BeerTrail.com exercises its option to require you to defend BeerTrail.com. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BeerTrail.com.

16. Term and Termination

These Terms are effective until terminated by BeerTrail.com or you. BeerTrail.com, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). BeerTrail.com shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 16 and Sections 7 (Intellectual Property Rights), 12 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Independent Contractors) to 23 (General) shall survive termination of these Terms.

17. Independent Contractors

You and BeerTrail.com are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and BeerTrail.com. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of BeerTrail.com.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BeerTrail.com without restriction or notification to you. Any prohibited assignment shall be null and void.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Fairfield County, Connecticut.

20. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to BeerTrail.com at the following contact: [email protected]. Any notices to you may be made via either e-mail or postal mail to the address in BeerTrail.com’s records or via posting on the Site. Please report any violations of these Terms to BeerTrail.com at the contact listed above.

21. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Site
  • Your address, telephone number, and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed

BeerTrail.com’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Fests LLC 24 East Ave #104 New Canaan CT 06850 [email protected]

23. General

These Terms shall constitute the entire agreement between you and BeerTrail.com concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: June 25, 2024