Description of Services. Via the Site, Beerathon LLC provides users with online access to information about the Beerathon event and ticket sales for the Beerathon event (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access. Beerathon LLC grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Beerathon LLC’s sole discretion) an unreasonable or disproportionately large load on Beerathon LLC’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Beerathon LLC to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Beerathon LLC.
Membership Eligibility. The Service is not available to minors under the age of 21 or to any users suspended or removed from the system by Beerathon LLC for any reason. If you do not qualify, you may not use the Service or the Site.
Your Account. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Beerathon LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beerathon LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Beerathon LLC immediately of any unauthorized use of your account or any other breach of security. Beerathon LLC reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Disclaimer of Warranty. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU BY A THIRD PARTY MERCHANT “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BEERATHON LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BEERATHON LLC, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR ANY MERCHANT. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL BEERATHON LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR MERCHANT. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEERATHON LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEERATHON LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, YOUR PARTICIPATION IN ANY ASPECT OF THE BEERATHON EVENT, CONTENT OR ANY RELATED SERVICES. YOU FURTHER ACKNOWLEDGE THAT ANY CUSTOMER SERVICE, MAINTAINENCE, LEGAL RESPONSIBILITIES, INCLUDING ALL APPLICABLE LAWS RELATED TO ALCOHOL AND THE SERVING OF ALCOHOL ARE SOLELY THE RESPONSIBILITY OF THE MERCHANTS WHICH PROVIDE THE GOODS AND SERVICES, INCLUDING ALCOHOL, FOR THE BEERATHON EVENT. YOU FURTHER AGREE TO WAIVE ALL CLAIMS AGAINST BEERATHON LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, ADVERTISERS, SPONSORS, PARTNERS AND LICENSORS FOR ANY LIABILITY RESULTING FROM ANY PART OF YOUR OWN NEGLIGENCE OR THE NEGLIGENCE OF ANY OF THE MERCHANTS INVOLVED IN THE BEERATHON EVENT. YOU EXPRESSLY AND EXPLICITLY KNOWINGLY ACCEPT AND ASSUME ALL LIABILITY FOR AND FROM YOUR PARTICIPATION IN THE BEERATHON EVENT.
Indemnity. You agree to indemnify and hold Beerathon LLC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, or your violation of any law or the rights of any third party.
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law shall result in immediate revocation of your license to participate in the Beerathon Event.
Links. The Site or third parties may provide links to other World Wide Web sites or resources. Because Beerathon LLC has no control over such sites and resources, you acknowledge and agree that Beerathon LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Beerathon LLC 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Beerathon LLC and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Beerathon LLC or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement. Beerathon LLC respects the intellectual property of others, and we ask our users to do the same. Beerathon LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Beerathon LLC’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Beerathon LLC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Beerathon LL, 42W 29th Street, 4th Floor, New York, NY 10001 USA By Email: firstname.lastname@example.org. Beerathon LLC may update this information from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOU.
Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this TOU, or any general legal principles to the contrary, any provision of this TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOU.
General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition You and Beerathon LLC agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOU. The failure of Beerathon LLC to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Beerathon LLC does not guarantee it will take action against all breaches of this TOU. Except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU. This TOU constitutes the entire agreement between you and Beerathon LLC and governs your use of the Site, superseding any prior agreements between you and Beerathon LLC with respect to the Site.