PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT
Services that we provide, and services that we do not provide.
The Web Site primarily functions as an online venue to allow users to offer, sell and buy certain goods within a fix-price format. The Beer Connect does not directly participate in any transactions between buyers and sellers, including, without limitation, negotiations, discussions, or proposals. Accordingly, The Beer Connect is not responsible in any way for any actual sale transactions between buyers or sellers.
The Beer Connect does not transfer legal ownership of the items from the seller to the buyer. The Beer Connect is not undertaking any and has no duties to either buyers or sellers, including, without limitation, the obligation to pre-screen listings that are offered by sellers, to inspect products, or to verify the veracity of information contained in a listing, and The Beer Connect has no control over the quality, safety or legality of any product listed, or the truth or accuracy of the items. The Beer Connect is not responsible for any information, material, or ideas submitted on the Web Site. More specifically, The Beer Connect does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Web Site.
Additionally, The Beer Connect cannot assure the ability of buyers to buy or the ability of sellers to sell products offered for sale, nor can The Beer Connect ensure that the parties will actually complete a transaction. The Beer Connect assumes no liability for buyers’ and/or sellers’ failures to comply with any and all applicable laws.
Certain information appearing on the Web Site may be provided directly sellers or other third parties, and discrepancies or errors may appear. The Beer Connect does not verify any of the pricing and other information that sellers may provide, or that is otherwise posted on its Web Site, for accuracy, omissions, or completeness of information. You expressly waive any requirement that purports to impose on The Beer Connect an obligation to perform any services other than those expressly undertaken by The Beer Connect hereunder. The Beer Connect may make changes to its products and/or services at any time and without notifying you or receiving your consent.
Fees and Billing.
Joining and creating a shop on The Beer Connect is generally free. The Beer Connect charges a percentage of the sale price when the item sells. When you list an item, you will have the opportunity to review and accept the fees that you will be charged. In certain situations, including a void or invalid transaction, The Beer Connect may issue a credit to a seller for the applicable fees. You are responsible for paying all fees and applicable taxes associated with using The Beer Connect. The Beer Connect allows for both automatic and manual bill payment plans. The Beer Connect will send an invoice to the seller’s email address on file detailing the amount due for the prior months’ fees and charges. The seller must pay the amount due in full within 15 days of the invoice date, or the account will be considered delinquent.
If your account is terminated, if you close your account, or if the payment of your fees cannot otherwise be completed, you remain obligated to pay The Beer Connect for all unpaid fees and penalties (if any). If the seller’s account is not paid in full and becomes delinquent, the seller risks suspension of privileges and/or termination of the account and other collection consequences (including The Beer Connect’s retention of collection agencies and legal counsel). If you wish to dispute a charge, please contact The Beer Connect at email@example.com.
Listing and Selling.
All listings on The Beer Connect must be for sale. By listing items on the Web Site you warrant that you and all aspects of the items comply with The Beer Connect’s policies. You also warrant that you may legally sell the item. You must accurately and completely describe your item and all terms of sale in your The Beer Connect shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category.
All sellers are urged to outline shop policies for their The Beer Connect shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with The Beer Connect ’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. The Beer Connect reserves the right to request that a seller modify a shop policy.
Because The Beer Connect is a marketplace of independent shops, refunds, returns, and exchanges are handled differently from seller to seller. Each seller should set its own policies regarding returns and refunds, and these policies should be displayed on each seller’s policies page. If there is a problem with an order, you should contact the seller first. If you have issues with an order and are unable to resolve it directly with the seller, please file a claim with The Beer Connect at firstname.lastname@example.org .The Beer Connect will work with the buyer and the seller to resolve the issues. If a buyer does not file a claim, The Beer Connect cannot get involved.
Buyers are responsible for carefully reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. Seller’s may not alter the item’s price after a sale for the purpose of avoiding The Beer Connect transaction fees, misrepresent the item’s location, or use another user’s account without permission.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and any The Beer Connect service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Web Site (excluding any taxes on The Beer Connect’s net income).
To the extent you are accessing any portion of the Web Site requiring a login ID or a password, you are responsible for all use of the Web Site made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify The Beer Connect and its members, managers, officers, agents, and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.
Prohibited, Questionable and Infringing Items and Activities.
You are solely responsible for your conduct and activities on and with regard to The Beer Connect and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on The Beer Connect.
Users are also prohibited from violating or attempting to violate the security of the Web Site. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Web Site service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (iv) using any robot, spider, scraper or other automated means to access The Beer Connect for any purpose whatsoever, except without The Beer Connect ’s prior express written permission; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. The Beer Connect reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Beer Connect does not control the Content provided by users that is made available on The Beer Connect. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using The Beer Connect, you agree to accept such risks and that The Beer Connect (and The Beer Connect s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Beer Connect. Please use caution, common sense, and practice safe buying and selling when using The Beer Connect.
By posting Content on The Beer Connect, it is possible for an outside website or a third party to re-post that Content. You agree to hold The Beer Connect harmless for any dispute concerning this use. If you choose to display your own The Beer Connect-hosted image on another website, the image must provide a link back to its listing page on The Beer Connect.
Any unsolicited suggestions, ideas, proposals or other material submitted to it by users on the Web Site (other than the Content and the tangible items sold on the Web Site, by users) (collectively, the “Material”) will be considered non-confidential and non-proprietary, and The Beer Connect shall not be liable for the disclosure or use of such Material. If, at The Beer Connect’s request, any member sends Material to improve the Web Site (for example through the Forums or to customer support), The Beer Connect will also consider that Material to be non-confidential and non-proprietary and The Beer Connect will not be liable for use or disclosure of the Material. Any communication by you to The Beer Connect is subject to this Agreement. You hereby grant and agree to grant The Beer Connect, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the application programming interface offered through the Web Site, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
When you submit postings, comments, or other content to the Web Site, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
The Beer Connect ’s Intellectual Property.
The Beer Connect and other The Beer Connect graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of The Beer Connect, LLC. in the U.S. and/or other countries. The Beer Connect’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Third Party Services and Links to Third-Party Web Sites.
The Web Site may permit you to link to other websites, services, or resources on the Internet (collectively, “Third-Party Sites), and other websites, services or resources may contain links to the Web Site. When you access Third-Party Sites, you do so at your own risk. The Web Site may also provide hyperlinks to Third-Party Sites as a convenience to users of the Web Site, including without limitation links to sites of Third Party Providers. The Beer Connect does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. The Beer Connect does not endorse, recommend, or approve any Third-Party Site. You further acknowledge and agree that The Beer Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such Third-Party Sites.
The Beer Connect reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on The Beer Connect.
No Representations or Warranties; Limitations on Liability.
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. The Beer Connect AND/OR ITS AGENTS OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE BEER CONNECT SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE BEER CONNECT OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, OR THE BEER CONNECT’S SUPPLIERS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE BEER CONNECT’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE BEER CONNECT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE BEER CONNECT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Beer Connect does not guarantee continuous, uninterrupted access to the Web Site, and operation of the Web Site may be interfered with by numerous factors outside The Beer Connect’s control.
You and The Beer Connect are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Governing Law and Jurisdiction.