Firestone Walker Brewing Co., INC.
1. Agreement to terms: By entering this web site (the "Site"), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.
2. No entry for under-aged persons: You must be 21 years of age or older to use this Site.
3. The Firestone Walker name, logos and trademarks belong to Firestone Walker Brewing Co., INC.: By entering this Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Site is owned or licensed by Firestone Walker Brewing Co., INC. and may not be used by you without Firestone Walker Brewing Co., INC.'s prior written approval. Firestone Walker Brewing Co., INC. will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Site are either the property of Firestone Walker Brewing Co., INC. or used on this Site with permission. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
4. Copyrights belong to Firestone Walker Brewing Co., INC.: Firestone Walker Brewing Co., INC. is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Firestone Walker Brewing Co., INC.'s express prior written permission, except as otherwise explicitly stated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Any modification, re-posting or use of the material on this Site for any other purpose violates Firestone Walker Brewing Co., INC.'s legal rights.
7. Shopping: This Site may offer shopping services by us or by a firm that operates a store under contract with us. If our Site offers shopping or other commercial services, you will be asked to use a customer order form to request information, products or services. The order form will request contact information (such as name and email address), financial information (such as account and/or credit card numbers) and demographic information (such as zip code and age). The financial information that you provide will be used to bill you for those products and services you have requested. By giving our Site your credit card and related personal information, you are authorizing our store, or the firm operating the store under contract with us, to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval. We will also use the contact information provided on the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary.
8. Unlawful behavior: You are prohibited from posting on this Site, or otherwise transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that Firestone Walker Brewing Co., INC. or other parties are involved in creating, producing or delivering this Site and may, from time to time, monitor or review transmissions, postings or discussions, Firestone Walker Brewing Co., LLC and all parties involved in creating, producing or delivering this Site assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. No warranty on content, information or materials: Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Site are based upon up-to-date information, and while Firestone Walker Brewing Co., INC. makes all reasonable efforts to ensure that all content, information and materials on this Site are correct, accuracy cannot be guaranteed and Firestone Walker Brewing Co., INC. makes no warranties or representations of any kind as to its accuracy.
10. Entry at your own risk; disclaimer: ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU "AS IS" WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, Firestone Walker Brewing Co., INC. EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Firestone Walker Brewing Co., INC.'S NEGLIGENCE, WILL Firestone Walker Brewing Co., INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THIS SITE, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THIS SITE INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF Firestone Walker Brewing Co., INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Firestone Walker Brewing Co., INC. FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL Firestone Walker Brewing Co., INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
12. Hyperlinks: Although this Site may be linked to other sites on the World Wide Web, Firestone Walker Brewing Co., INC. provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Firestone Walker Brewing Co., INC. disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content, information or other materials contained on any other site. By entering this Site you acknowledge and agree that Firestone Walker Brewing Co., INC. has not reviewed all sites linked to this Site and is not responsible for the content of any off-Site pages or any other site linked to this Site. Your linking to or viewing of any off-Site pages or other sites is at your own risk. You must obtain Firestone Walker Brewing Co., INC.'s prior written permission to link this Site to your website. Firestone Walker Brewing Co., INC. will only authorize links to sites when a substantial majority of the actual audience of such site is 21 years or age or older.
15. Applicable law: By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of California, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Firestone Walker Brewing Co., INC. makes no representation that the content contained within this Site is appropriate for countries outside the United States. Any and all information contained in this Site including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and Firestone Walker Brewing Co., LLC arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by California law and that exclusive jurisdiction resides in the courts of the State of California, USA.
2. NOTICE CONCERNING UNDERAGE USERS. You must be at least twenty one (21) years of age to access our Site and/or purchase products and items from our Site. We do not direct any of our content at persons under 21 years of age. We understand and are committed to respecting the sensitive nature of online privacy. If we learn or have reason to suspect that a Site user is under age 21, we will promptly delete any personal information in that user’s account.
3. TYPES OF INFORMATION COLLECTED
(3.1) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) your operating system (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for for improving your experience on the Site.
We also may use small pieces of information that a website sends to your computer’s hard drive while you are viewing the site (“cookies”) to remember your age and birth date so you do not have to re-enter it each time you visit the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all.
(3.2) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase items and products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and/or (2) Financial Data (such as your account or credit card number). If you communicate with us via e-mail, or otherwise complete purchase orders, surveys, or any other online forms, any information provided in such communication may be collected as Personal Information.
We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified in Section 4, below. We will not use your information in a manner different than the purpose for which it is collected, without obtaining your consent prior to such use.
(3.3) CONTACTING FIRESTONE WALKER. If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication. Any such contact with Firestone Walker should be made pursuant to Section 9, below.
4. USES OF INFORMATION COLLECTED
(4.1) COMPANY USE OF INFORMATION. We use Contact Data to contact you when necessary. We will also use Contact Data to send you information about our company or our products or services only if you choose to opt in to receiving such information. We use your Financial Data to bill you for items and products.
6. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may contact us at email@example.com.
7. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or other Financial Data is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number from your account and update our records accordingly.
8. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also may make chat rooms, forums, message boards, product review boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
Firestone Walker Brewing Co. 1400 Ramada Dr.
Paso Robles, CA 93446
In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.
10. LINKS. The Site may contain links to third party websites with which we have no affiliation. Except as set forth above, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.