TERMS AND CONDITIONS

Last Update: 12.04.2025

Please Read the following Terms of Service and Conditions carefully before accessing or using our website or online platform (the “Service” or “Services”) which is operated by White Claw Seltzer Works (the “Company,” “White Claw”, “we”, “us” and “our”).

IMPORTANT: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WHITE CLAW SELTZER WORKS ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS FACT DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

BY ACCESSING THIS WEBSITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO WHITE CLAW SELTZER WORKS, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, LITIGATION, DAMAGE, AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF ILLINOIS LAW.

From time to time we may update this Service and these Terms. Your use of this Service after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. White Claw may, in its sole discretion, and at any time, discontinue this Service or any part thereof, with or without notice, or may prevent your use of this Service with or without notice to you. You agree that you do not have any rights in this Service and that White Claw will have no liability to you if this Service is discontinued or your ability to access the Service or any content you may have posted on the Service is terminated.

1. USE OF THE SITE

1.1 Your access to and use of this Service is subject to all applicable laws and regulations which apply to this Service, to the Internet and/or to the World Wide Web, as well as these terms and conditions. Your accessing of this Service and/or your use of this Service constitutes acceptance of these terms and conditions without reservation, limitation or qualification.

1.2 You may not use this site if any of the following conditions apply to you:

a) You are not of legal drinking age in the jurisdiction from which you are accessing this site (“Your Jurisdiction”); It is otherwise illegal in Your Jurisdiction for you to access, view and/or use this site; or

b) The consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in Your Jurisdiction. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.

1.3 This Service is maintained exclusively for the personal use and entertainment of persons resident in jurisdictions where the consumption and use of alcohol is permitted and who are of legal age for the consumption of alcohol in those jurisdictions.

1.4 The information posted on this Service is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this Service is strictly on an “as is” basis, and you must not assume that this Service will be error free or that it will operate without interruption or as intended.

1.5 White Claw reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Service.

2. INTELLECTUAL PROPERTY

2.1 All registered trademarks are used under license by Mark Anthony Brands Inc. All references on this Service to “White Claw” are references to the owner and/or licensee(s) of such trademarks in the United States, and all rights in respect of all of such trademarks are reserved.

2.2 Unless otherwise noted or provided in these terms and conditions or in the text on the Service, everything you see or read on this Service is the property of White Claw, including all copyrights, trademarks, service marks, logos, designs and other intellectual property (“Business IP”). You agree that White Claw owns all right, title and interest in and to the Business IP and that you will not use the Business IP for any unlawful or infringing purpose. You agree not to
reproduce or distribute the Business IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from White Claw. White Claw neither warrants nor represents that your use of materials displayed on or downloaded from this Service will not infringe rights of third parties not owned by or affiliated with White Claw.

2.3 Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Business IP displayed on this Service without the prior written permission of White Claw or any third party that may own any such item displayed on the Service. Your use of any of the Business IP displayed on this Service and any other content on this Service is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions. White Claw will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.

3. TRANSACTION INFORMATION

3.1 You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to White Claw the
right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. All billing information you provide to us must be truthful and accurate. Verification of information may be required prior to the acknowledgment or completion of any transaction. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. White Claw reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our fraud department. White Claw reserves the right, with or without prior notice, to do any one or more of the following except to the extent prohibited by law: (i) discontinue any product; (ii) impose conditions on the honoring of any coupon, rebate, coupon code, promotional code, or other promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. White Claw also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any product(s) from the Service for the purpose of engaging in a commercial sale of the same product(s) to a third party.

3.2 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products you have ordered, as well as all shipping and handling charges and applicable taxes and fees.

3.3 All goods and services available on the Service are subject to change without notice and are available while supplies last. White Claw reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason.
Goods may be available only in limited quantities and will be distributed on a first-come, first- served basis. You should regularly consult the Services for updates regarding product availability.

4. PRODUCT INFORMATION

4.1 White Claw aims to describe and display its products accurately on the Service. However, some items on the Services may be described inaccurately or unavailable, and White Claw may experience delays in updating information on the Service and in our advertising on other websites. As a result, White Claw cannot and does not guarantee the accuracy or completeness of any information, including product images, specifications, and availability.
White Claw reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Pricing for products may be different on different Services.

5. INDEMNIFICATION

5.1 White Claw cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Service.

5.2 White Claw acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed. As part of our shipping procedures, White Claw verifies the availability and the price before an item is shipped. White Claw reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from White Claw. If an item is no longer available, or if White Claw determines that there were inaccuracies in our product information, White Claw may cancel your order and notify you of such cancellation via email.

5.3 Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen. White Claw has the right, but not the obligation, to subcontract all or any of its obligations for delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.

5.4 Except to the extent required by law, no responsibility is assumed by White Claw for goods after they have been delivered to the carrier. The risk of loss for and title to products purchased on the Service passes to the purchaser upon delivery to the carrier. White Claw reserves the right to charge you for shipping fees to re-ship any products that have been returned to White Claw due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.

5.5 The estimated delivery date on your order confirmation page or updated delivery dates in email notifications and any dates quoted for delivery of the products are approximate only. Delivery times may vary, especially during peak periods.

5.6 White Claw offers a variety of shipping methods and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen the weight of the products you order among other factors. Shipping costs will be calculated at checkout or prior to shipment. To help ensure proper and efficient delivery of your order, your shipping address must be a street address.

6. PRODUCT ORDERS AND RETURNS

6.1  Orders are non-cancellable.

6.2  All sales on the Service are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Service team to report the issue. All reports of issues or shortages must be reported within forty-five (45) days after delivery to receive support.

6.3 In addition to any other remedies available to it, White Claw may in its sole discretion restrict or terminate your user account (“Account”), or cancel or refuse orders for violations of, or abuse of the White Claw returns policy.

7. ACCOUNT DETAILS

7.1 You may be given the option to register for an Account on the Services. If you decide to register an Account on the Services, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase.

7.2 You agree to keep your Account log-in credentials confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect, or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation

7.3 We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at https://www.whiteclaw.com/contact-us if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

7.4 We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any submissions on or through the Service. You waive and hold harmless White Claw and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

8. PROMOTIONS

8.1 Some discount codes that offer discounts on the merchandise available on the Service may carry certain restrictions. Please refer to the specific program that generated the code for full information about restrictions or limitations including but not limited to whether or not that code can be combined with other discount codes or promotions on the Service. If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page, or we will otherwise notify you.

9. SUBMISSIONS

9.1 Any communication or material you transmit to White Claw or through this Service, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called “Submissions”), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of White Claw and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at the election of White Claw. White Claw is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to White Claw, you will be deemed for all purposes to have assigned and transferred to White Claw all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that your clicking of the “Button confirming your agreement to these terms and conditions” that is required to send a Submission will be deemed for all purposes to be your electronic signature to these
terms and conditions. White Claw is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever.

9.2 Without limiting the generality of section 9.1 above, you agree to sign and deliver to White Claw on demand all further documents and assurances that White Claw may request in connection with the assignments, transfers, releases and waivers contemplated by that section.

9.3 White Claw is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Service, and White Claw will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Service or through these forums or news groups anything which:

a. defames, libels or invades the privacy of any person;
b. is obscene, pornographic, abusive or threatening;
c. infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks;
d. violates any law;
e. advocates or describes any illegal activity; or
f. advertises or solicits funds for goods or services.

10. USER REVIEWS

10.1 You may choose to submit ratings and reviews (each, a “Review”) through the customer review platform on our Service. White Claw encourages reviews through the Service, as long as the content submitted complies with our Terms, including these Review Guidelines and our Privacy Policy. If you have any site-related, customer service, shipping, or purchase issues or questions, please contact us directly. Please do not submit such feedback through the review platform

10.2 By submitting any Review, you represent and warrant that:

• You are the sole author and owner of the intellectual property rights thereto;
• All “moral rights” that you may have in such Review has been voluntarily waived by you;
• Any Review that you post is accurate, honest, and reflects your genuine experience and opinion;
• You will clearly disclose any incentives, gifts, or compensation received for your Review;
• Use of the Reviews you supply does not violate our Terms and will not cause injury to any person or entity.

10.3 White Claw reserves the right (but has no obligation) to monitor, alter, change, remove, condense, refuse to post or allow to be posted, or delete any Review submitted for any reason.  Reviews may be moderated by a third party to verify authenticity and compliance with our policies. Your Review may be excluded if it violates our review guidelines or includes any content that:

• Is known by you to be false, inaccurate or misleading;
• Impersonates any person, or misrepresents the reviewer’s identity or affiliation with any person or organization
• Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• Violates or promotes the violation of any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Is or may reasonably be considered to be, defamatory, libelous, hateful, lewd, violent, abusive, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, or discriminatory against individuals or groups based on race, gender, religion, sexual orientation, disability, or other protected characteristics;
• Promotes sexually explicit or pornographic material;
• Is considered ‘spam,’ off-topic, mass mailings, or chain letters;
• Contains political campaigning, commercial solicitation, contests, sweepstakes, and other sales promotions, barter, or advertising;
• Includes third party websites or personal information (e.g., addresses, email, contact information, phone numbers);
• Is submitted in a language besides English; or
• Contains any computer viruses, malware, worms or other potentially damaging computer programs or files.

10.4 You acknowledge that you are solely responsible for the content of your Review. None of the Reviews that you submit shall be subject to any obligation on the part of White Claw its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. All Reviews submitted may be used at the sole discretion of White Claw.  White Claw neither endorses nor is responsible for any opinion, advice, information, or statements made in any Review. The opinions expressed in a Review reflect solely the opinions of the individual who submitted such Review and may not reflect the opinions of White Claw.

10.5 For any Review that you submit, you grant White Claw a perpetual, irrevocable, royalty- free, non-exclusive, sub-licensable, fully paid up, transferable right and license to use, display, perform, transmit, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Review and/or incorporate all or a portion of such Review into any form, medium or technology, now known or hereafter developed, throughout the world, including but not limited to ours and our partners, retailers, and vendors’ digital and non-digital media and advertising channels, such as in-store marketing, all without compensation to you. Do not submit information that you do not wish to license to us, including any confidential information or any original creative materials. Information you submit in your review will be publicly displayed. Do not include any sensitive personal information, confidential information, or information you do not intend to have publicly disclosed. Personal
information you submit in a review will be subject to our Privacy Policy. In addition, you grant to White Claw the right to include the name provided along with the Review submitted by you; provided, however, White Claw shall have no obligation to include such name with such Review. By submitting your email address in connection with your Review, you agree that White Claw and its third-party service providers may use your email address to contact you about the status of your Review and other administrative purposes in relation to your Review submission.

11. WHITE CLAW SELTZER WORKS BRAND MONITORING

11.1 White Claw will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any content submitted to the Service, including Submissions and Reviews (altogether “Content”), and any use of and access to the Service, including to determine compliance with these Terms. White Claw will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Service, for any reason, including violation of these Terms, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify White Claw for all claims resulting from any Content you make available.

12. DISCLAIMER OF WARRANTIES

12.1 THE SERVICES, AND ALL BUSINESS IP, CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY WHITE CLAW ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHITE CLAW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE BUSINESS IP, THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU.

12.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WHITE CLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WHITE CLAW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHITE CLAW IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1 UNDER NO CIRCUMSTANCES WILL WHITE CLAW BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) OUR WEBSITES OR SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF OUR WEBSITE OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE OR SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).

13.2 IN NO EVENT WILL WHITE CLAW BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOUR JURISDICTION. IN NO EVENT WILL WHITE CLAW TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.

13.3 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY WHITE CLAW. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

13.4 You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold White Claw harmless from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to, use or misuse of the website, products, or Services; (ii) your breach or alleged breach of these Terms; (iii) any Submissions or Reviews you submit; or (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that White Claw will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of White Claw in connection therewith.
You will cooperate as fully required by White Claw in the defense of any claim. White Claw reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify White Claw. You shall not settle any claim without the prior written consent of White Claw.

14. BINDING ARBITRATION AND CLASS ACTION WAIVER

14.1 You and White Claw agree that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Services, and/or use of the Services or Service updates, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator. You can access the Commercial Rules at AAA Rules, Forms & Fees | ADR.org or by calling +1 800-778-7879. You and White Claw shall endeavor to agree upon the arbitrator, and if you and White Claw fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be Illinois, and the language of the arbitration shall be English.

14.2 YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.

14.3 The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

14.4 The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.5 No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.

15. CONFIDENTIALITY AND PRIVACY ISSUES

15.1 Unless encrypted, information sent or received over the Internet is insecure and White Claw cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. White Claw will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to White Claw through this Service.

15.2 Through your accessing or usage of this Service, White Claw is able to and may in fact gather certain information about you and your website usage. In so doing, White Claw will comply with the White Claw Online Privacy Policy. You may access the full text of the Privacy Policy by clicking here.

16. LINKED SITES

16.1 If and to the extent that any other sites on the World Wide Web are linked to this Service at any time, White Claw is not responsible for the content of any such linked Service or any link contained within such a linked site. White Claw reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Service does not imply any endorsement by White Claw of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this Service, you do so entirely at your own risk. White Claw reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Service.

17. GOVERNING LAW

17.1 Any claim relating to the Services shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

18. MISCELLANEOUS

18.1 If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. You may not assign or otherwise transfer the Terms without the prior written consent of White Claw, which may be withheld in its sole and absolute discretion. Any other purported assignment shall be void. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties hereto, and supersedes and cancels all previous written and oral agreements, communications and other understandings between the parties hereto relating to the subject matter of these Terms, and that all waivers, amendments and modifications must be in a writing signed or otherwise agreed to by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever. All notices under this Agreement will be (a) in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid, or (b) posted directly on White Claw Services. Without limiting the foregoing, White Claw may use any contact information you have provided to White Claw for providing notices under these Terms. Either party may change its address for notices by giving notice to the other party in conformity with this paragraph. White Claw will not be liable for any loss resulting from a cause over which it does not have reasonable control.