TERMS AND CONDITIONS
Last Update: 12.12.2022
USE OF THE SITE
1.1Your access to and use of this site (the “Service”) is subject to all applicable laws and regulations which apply to this site, to the Internet and/or to the World Wide Web, as well as these terms and conditions (“Terms”). Your accessing of this site and/or your use of this site constitutes acceptance of these terms and conditions without reservation, limitation or qualification.
1.2You may not use this site if any of the following conditions apply to you: 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 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.
1.3This site 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.
1.4The information posted by the site operator on this site 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 site is strictly on an "as is" basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.
1.5White 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 site.
2.1All registered trademarks are used under license by White Claw Seltzer Works. All references on this site 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.
2.2Unless otherwise noted or provided in these terms and conditions or in the text on the site, everything you see or read on this site 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 site will not infringe rights of third parties not owned by or affiliated with White Claw®.
2.3Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Business IP displayed on this site without the prior written permission of White Claw® or any third party that may own any such item displayed on the site. Your use of any of the Business IP displayed on this site and any other content on this site 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.
3.1Any communication or material you transmit to White Claw® or through this site 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 White Claw® election. 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.
3.2Without limiting the generality of section 3.1 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.
3.3White Claw®is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this site, 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 site or through these forums or news groups anything which: defames, libels or invades the privacy of any person; is obscene, pornographic, abusive or threatening; infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; violates any law; advocates or describes any illegal activity; or advertises or solicits funds for goods or services.
LIMITATION OF LIABILITY AND INDEMNITY
4.1 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).
4.2 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL WHITE CLAW’S® TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.
4.3 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 WEB SITE, 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.
5.1 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 or use of the website or services; (ii) your breach or alleged breach of these Terms; or (iii) 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®.
6.1 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 Platform, and/or use of the Platform or Platform 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 https://www.adr.org/Rules 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 New York, and the language of the arbitration shall be English.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
CONFIDENTIALITY AND PRIVACY ISSUES
7.1Unless 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 site.
8.1If and to the extent that any other sites on the World Wide Web are linked to this site at any time, White Claw®is not responsible for the content of any such linked site 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 site 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 site, 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 site.
9.1 White Claw® may make changes to this Agreement in its sole discretion, which may include modification or termination of the applicable Services. White Claw® will give you notice of a change by posting it on White Claw’s® Services or any other method reasonably determined by White Claw®. You shall be deemed to have accepted any changes made by White Claw® if you continue to use the Services after such changes are effective, if you click the corresponding “Accept” or “OK” button (or such other variation presented to Customer), or if you provide your agreement through other means, and no additional action or agreement shall be required.
10.1 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.
11.1 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 White Claw’s® prior written consent, 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’s® 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.