Terms and Conditions
www.wildohiobrewing.com (the “Site” “WOB”) is made available by Employee Brewing Company LLC (“Company”) to educate consumers about various products of the Company. This service provided by the Site is subject to the following Terms and Conditions of Use (“Terms and Conditions”).
Acceptance of Terms and Conditions of Service
This website service is provided by Employee Brewing Company (“us” or “we”) as a service to its Users. By using this Site, you (“you”, “user”) agree to follow and are bound by the following terms and conditions. If you do not agree with them, do not use the Site. Your use of the Site constitutes your agreement to all such Terms.
The following Terms govern your access to the Site and use of the service. This service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” by the Company.
Employee Brewing Company does not permit the use of this Site by anyone who is less than 21 years of age. We also do not collect any personal information from persons who are less than 21 years of age. If you are less than 21 years, please do not view or access this Site. We may block your access to the Site if we find that you are below 21 years.
The Company reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “you”) should visit this page periodically for changes. This Site is continually under improvement and changes in this Site may be made at any time. Any changes are effective upon posting to this Site.
Scope of the Site
The Site educates existing consumers and prospective consumers about the various products of the company. The Site informs the visitors in a graphical manner about the various locations that they can buy the products from; engages consumers and make them fans of the products; creates a platform for seeking feedback / soliciting information through surveys to improve our understanding of our consumers. The Site also provides information about our product to potential distributors and retail chains.
Access to and Availability of the Site
The Company has made reasonable efforts to ensure that all information on the Site is accurate at the time of publishing. However, there may be errors in such information for which the Site has no liability.
The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
The Site may use social media platforms like Facebook, LinkedIn, Twitter, Instagram, Snapchat. In addition to links to Social Media Sites, the Site may have provision for blogs, comments sections, and other community forums. You can use these facilities to provide feedback and comments, and otherwise interact with other users. If the Website includes any Community Forums, the restrictions and obligations stated below shall apply.
The Company shall monitor the Community Forums on a regular basis for compliance with the Beer Institute Advertising and Marketing Code. The Company shall also monitor any readily apparent violations of these Terms and Conditions or illegal content, and initiate appropriate action. Notwithstanding the foregoing, you acknowledge that the Company is under no obligation to edit or modify any information available in a Community Forum or settle any dispute or disagreement between users and shall have no liability to you for any content posted in a Community Forum.
You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of the respective authors who are solely responsible and liable for their content. WOB reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
Content Management and Removal
The Company, at its sole discretion, may permit Users to post, upload, publish, submit or transmit User Content. The Company does not monitor or review generally the content posted by users of the Site (“Users’ Content”) and is not responsible or liable for such Users’ Content. By making available any User Content on or through the Site, you hereby grant to The Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through, or by means of the Site. The Company does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. However, the Site reserves the right to cancel your access to these areas and/or delete, move, or edit any Users’ Content (including messages posted in any comment area) that it may determine, in its sole discretion, violates these Terms and Conditions. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, modify or delete the User Content as it may determine in its sole discretion. You acknowledge and agree that you shall remain solely responsible for all Users’ Content posted by you or by any other person using your account. You represent and warrant that: (a) you either are the owner of all Users’ Content that you make available through the Site or you have all rights, licenses, consents that are necessary to grant to the Company the rights in such User Content; and (ii) neither the Users’ Content nor your posting, uploading, publication, submission or transmittal of such content or the Company’s use of the your Content does not infringe or violate any third party’s patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.
Information control: The Company neither verifies nor controls the Content provided by users on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive although such content is prohibited from being posted on the Site. There are also risks of dealing with underage persons or people acting under false pretense.
By using the Site, you agree to accept such risks and agree that the Company is not responsible for any acts or omissions of users on the Site. Please use caution and common sense.
The following are prohibited activities, which could lead to the termination of a User account:
You are not permitted to reproduce, duplicate or exploit any portion of the Site in any way;
Modify, adapt or hack the Product or modify another website so as to falsely imply that it is associated with the Product;
Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Products;
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Products;
Transmit, distribute, post or submit any information concerning any other person or entity;
Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Site;
Distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the Company’s rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) promotes drinking and driving or irresponsible consumption of alcohol or disparages competitive products;
Use of bots, crawlers, or spiders, or other methods, to collect information from the site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Products.
You may submit some ideas which may be help in improving our products and increase our business. Any submitted ideas (“User Submissions”) will become the property of Employee Brewing Company. While we appreciate your concern and help, we wish to inform you that any information you submit on the Site will no longer be considered confidential information and you will lose your proprietary rights on such ideas submitted to us as any user of this website may use your ideas for his benefit. However, you can contact us and submit your ideas following the procedure formulated by us. But, please note that the Company is continuously engaged in research and may have developed or may in the future develop ideas identical or similar to your suggested ideas. In any event, you acknowledge and agree that the Company assumes no obligation of confidentiality or nondisclosure, express or implied by considering your ideas. Without limitation, you hereby irrevocably transfer and assign to Employee Brewing Company, all now known or hereafter existing rights in and to the ideas suggested by you, and Employee Brewing Company shall own the ideas and be entitled to unrestricted use of the ideas for any purpose whatsoever, commercial or otherwise without any form of compensation.
Copyright Policy and Use of Site Content
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, product marks and logos (collectively, the “Content”), is the property of the Company. WOB site is protected from unauthorized copying and dissemination by international conventions, and other intellectual property laws.
Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company. The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please notify us as provided below.
Notification of Copyright Infringement
Employee Brewing Company respects your Intellectual Property Rights and has a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 1998, available on http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website www.wildohiobrewing.com infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through mail or email, by providing the Company’s Designated Copyright Agent (details mentioned below), with the following information in writing. If the Company is convinced about the violation, it will promptly take appropriate action by disabling the access to such material or remove it and also termination of access of those Users without notice if they are found to be “repeat infringers.”
Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works on www.wildohiobrewing.com are covered by a single notification, a list of such works.
Identification of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide URLs to help us locate content quickly.
Sufficient information to enable us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement as follows: “I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
Another statement: “I hereby state that the information in the notification is accurate, and under penalty of perjury, that I am the owner/ authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
Your physical or electronic signature. Please note that under 17 USC Section 512(f) of the DMCA, “Any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing….”
If you are the owner of the allegedly infringed material and if you elect to send us a counter notice; in order to enable us to take cognizance of your notification, it must be in writing and must include the following:
- A physical or electronic signature of the member.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury as follows: “I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Another statement: “I consent to the jurisdiction of the Courts of the Southern District of Ohio, and that the subscriber will accept service of process from the person who provided notification or an agent of such person”.
- The member’s name, address, and telephone number. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You can send your notifications and counter-notifications of claimed infringement to wildohiobrewing.com to firstname.lastname@example.org
We will check all notifications and counter-notifications on a weekly basis and initiate appropriate action.You acknowledge that if you fail to comply with all of the requirements, your DMCA notification may not be valid.
Limitation of Liability
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, fines, and expenses or other intangible losses damages, resulting from:
the use or the inability to use the Site/Product;
inaccuracies or errors or changes in information/data on the Site;
non-availability of Products;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service/Product;
or any other matter relating to the service/Product,
EVEN IF THE COMPANY OR THE COMPANY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties ONLY.
THE WEBSITE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COPYRIGHT, ACCURACY OF USER CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY USERS’ CONTENT, LEGALITY OR SUITABILITY OF THE SAME. THE COMPANY SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY CONTENT GETTING COPIED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR INABILITY TO USE THE SITE; INFRINGEMENT OF COPYRIGHTS BY USER CONTENTS POSTED IN THE SITE OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
THE SITE MAY BECOME UNAVAILABLE DURING MAINTENANCE, MALFUNCTION OF COMPUTER HARDWARE, OR BY ANY OTHER REASON. THE COMPANY DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. THE COMPANY MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Some flavors of the product have the names of certain ingredients. In some of the products, the actual ingredients are used and in some others we may use synthetic flavors. Please verify the product label for contents/ingredients used in the product before you purchase a product. We do not claim that the use of any of our products results in health benefits. Some products may contain ingredients which may not be suitable to your health condition resulting in allergies or other health related issues. Please consult your physician before using such products. The Company disclaims any liability for the ingredients used and any health related issues related to your using the product.
This service provided by the Company is Internet-based. You acknowledge and agree that the Company cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet Products provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although the Company will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
The Company reserves the right to deny Users access to the services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. The Company shall use commercially reasonable efforts to notify Users of anticipated material disruptions in the services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, CUSTOMERS, AGENTS, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING ATTORNEY FEE, COSTS AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE TO: (a) ACTS OR OMISSIONS BY USER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (b) INTENTIONAL OR NEGLIGENT VIOLATIONS BY USER OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION, (c) CONTRACTUAL RELATIONS BETWEEN THE USER AND A THIRD PARTY; OR (d) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS RELATING TO PATENT AND COPYRIGHT. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE COMPANY’S PRIOR WRITTEN CONSENT.
Severability, Waiver, Entire Agreement
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
The failure of The Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
The Terms and Conditions of Use constitute the entire agreement between you and The Company and govern your use of the service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms and Conditions of Use).
Jurisdiction, Governing Law & Venue
This Site is controlled and operated by the Company from its office/s in Columbus, Ohio. The Company makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
These Terms and Conditions shall be governed by the laws of the State of Ohio in The United States of America without reference to its conflict of principles. Any claim or dispute between you and the Company that arises in whole or in part from the services shall be decided exclusively by binding arbitration as per Commercial Arbitration Rules of the American Arbitration Association. An award of arbitration may be confirmed in a court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties.
Assignment: You may not assign this Agreement, to any third party, without the Company’s prior written consent. Any assignment or transfer of your rights under these Terms, without such consent, will make the assignment/transfer null and void. The Company may assign or transfer this Agreement, at its sole discretion, without restriction, to provide the agreed services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, Government mail service, or sent by recognized courier service to the address mentioned on the website in case of the Company and to the address provided by the user.