The Web site located at http://brewistas.com ("Site") is provided by Brewistas.com. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Brewistas.com," "we," "us'" or "our" refers to Brewistas.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Brewistas.com’s username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: support@brewistas.com.
2. Subscription Fees and Payments.
Your current Subscription Fees will be posted on our site. They may change from time-to-time, but we will give 30 days’ notice before any such change. Your subscription will continue and renew automatically, unless terminated by us or until you notify us by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Brewistas.com, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at support@brewistas.com . Your credit card information will be secure and used only by Brewistas.com for your subscription and will not be shared with third parties. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy.
Our Privacy Policy is a part of this Agreement and its terms are incorporated herein by this reference. You can read it by hitting the link below.
4. User Conduct.
The Site may contain bulletin board services, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with us or with others. You are prohibited from submitting to, posting or transmitting through Brewistas.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Brewistas.com nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that we do not pre-screen all content, and that Brewistas.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services and to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Brewistas.com is not responsible for any content sent using and/or included in the Site by any third party. You understand that we reserve the right to use re-run or loop footage from time to time on the Site.
You agree that any gift you provide to any barista viewed on the Site may be given to a charitable organization, at our discretion.
5. Copyright and Restrictions.
This Web site contains proprietary material of Brewistas.com (or material that other suppliers have licensed Brewistas.com for our use) which is protected by copyright and other laws respecting proprietary rights. Brewistas.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use the Site except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained on the Site. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from us. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Brewistas.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Brewistas.com.
If you breach any provision of this Agreement, Brewistas.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
6. Limitations on Use.
The following activities are prohibited. You agree not to:
(a) Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
(b) Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
(c) Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
(d) Access the Site by any means other than through the interface that is provided by Brewistas.com, or attempt or access any area of the Site to which your access is not authorized; or
(e) Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Representations and Warranties.
You represent and warrant to Brewistas.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
8. Disclaimer of Warranties.
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Brewistas.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Brewistas.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Brewistas.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
9. Limitation of Damages.
IN NO EVENT WILL Brewistas.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Brewistas.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability; Exclusive Remedy.
ALSO, IN NO EVENT WILL Brewistas.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Brewistas.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
11. Indemnity.
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Brewistas.com.
12. Consent to Electronic Notices and Other Communications.
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
13. Print a Copy for Your Records.
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
14. Termination.
Brewistas.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Brewistas.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Brewistas.com. Brewistas.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
15. Assignment.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Brewistas.com in a non-electronic record, and any assignment without Brewistas.com's consent will be voidable at Brewistas.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
16. Applicable Law and Disputes.
This Agreement is governed by the laws of the state of Washington, without regard to principles of conflict of laws.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Seattle, Washington. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If agreement cannot be reached, the parties may pursue further legal action only in the state or federal courts in King County, Washington. The prevailing party shall be entitled to reasonable attorney’s fees or costs.
17. Amendments.
Brewistas.com may change the provisions of this Agreement. When Brewistas.com changes the terms of this Agreement, Brewistas.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
18. Entire Agreement; Severability; No Waiver.
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Brewistas.com except in a signed, non-electronic writing signed by an authorized representative of Brewistas.com.
19. General.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Brewistas.com or its affiliates as a result of this Agreement or your use of the Site.