Terms
Noble Brewer

TERMS OF SERVICE


NOBLE BREWER BEER COMPANY, INC (KNOWN AS NOBLE BREWER) IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE NOBLEBREWER.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE NOBLEBREWER.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY NOBLEBREWER.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE NOBLEBREWER.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

The Sale of Alcoholic Beverages The use of NobleBrewer.com requires you to be at least 21 years of age. As part of our business we sell alcohol beverages to the public. We make every effort to ensure that alcoholic beverages are not sold nor delivered to anyone who is under the age of 21. By using this site or subscribing to our membership club, you are acknowledging that you are over 21 years of age and the person, if other than yourself, receiving the shipment of alcoholic beverages from Noble Brewer is over the age of 21. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Noble Brewer will fully cooperate with law enforcement. You also agree that any alcohol purchased from Noble Brewer is intended for personal consumption and not for resale.

Noble Brewer Membership
Noble Brewer offers a subscription membership to a curated selection of homebrewer inspired beers. We reserve the right to change the products shipped to members at anytime to reflect changes in our business model, availability of product, or other factors.

Agreement Changes: Noble Brewer may in its discretion change these terms of Service and Privacy Policy without notice to you. However, any increase in the membership fee will not apply until your membership is renewed each quarter. YOUR CONTINUED MEMBERSHIP AFTER NOBLEBREWER.COM CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Noble Brewer: Noble Brewer may terminate your membership at its discretion without notice or cause. Repurchase: As a member of Noble Brewer, you are eligible to purchase beers that we still hold in stock, including those from the most recent shipment. Due to the cost of shipping, we have decided to set a minimum order thresehold and reserve the right to change the minimum requirement at anytime. Since we have a limited supply, we do not guarantee the ability to repurchase beers.

Conditions:
You must have a NobleBrewer.com account to become a member. We reserve the right to accept or refuse membership at our discretion and to place members on our waiting list. If a waiting list is in effect, you may not assign your membership to another party. Please note: - We may ship our products by a variety of services including common carriers; - Our carriers usually do not pick-up or deliver packages on weekends or holidays; - In cases of extreme weather we may delay shipping to ensure your order reaches you undamaged. - You agree to update your profile to reflect your current mailing address and pay for any returned shipments if you are not available to accept delivery. For shipments that are unable to be delivered, we will reship them to you at your cost. - If you are located outside of California, we will act on your behalf to engage a common carrier to ship your order to you. We make our best effort to keep up with changing state laws however, you must verify the shipping of alcoholic beverages are permitted in your state prior to placing an order. We make no guarantee we will be able to ship, if we are unable, we will refund your purchase.

Renewal:
UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THENAPPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. Membership Cancellation: You may cancel your membership at any time. However, it is your responsibility to cancel prior to the next shipment being sent out for delivery. Returns: We do not accept returns for alcoholic beverages unless they have been damaged in transit. To request a refund for damaged goods, please e-mail us at Support@NobleBrewer.com. Mispriced Products Noble Brewer shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Noble Brewer shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Noble Brewer shall immediately issue a credit to your credit card account in the amount of the charge.

Price and Billing Terms
NOBLE BREWER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.

Performance Excusal
Noble Brewer shall be excused from performance under this Terms of Service if Noble Brewer is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party to include unavailability of raw materials such as hops, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Noble Brewer.

Third Party Content
The NobleBrewer.com may contain links to other web sites or resources. You acknowledge and agree that Noble Brewer is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the NobleBrewer.com site does not imply that Noble Brewer endorses the linked site. Some of these links will connect to Noble Brewer’s social media sites which may also contain links to other web sites or resources. Noble Brewer also claims no responsibility for the content on those sites and any posting via social media does not act as an endorsement. The comments and other actions of followers of Noble Brewer’s social media sites do not necessarily reflect the views and opinions of Noble Brewer. We will do our best to filter comments but cannot guarantee all offensive or incorrect material will be removed.

Content Protection
All content, to include logos, text, graphics, icons, images, and video on the NobleBrewer.com Site ("Site Content") are copyrighted materials owned by or licensed to Noble Brewer The Site Content may contain trademarks, service marks and trade names which are owned by Noble Brewer and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Noble Brewer, its affiliates, or third parties. If you would like to use content on our site, please ask and more than likely we will be happy to give you permission. Unless authorized in writing by an officer of Noble Brewer, Noble Brewer’s trademarks may not be used in connection with any product or service that is not Noble Brewer's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noble Brewer. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Noble Brewer or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the NobleBrewer.com Site. Nothing contained in the NobleBrewer.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Noble Brewer, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Noble Brewer, its affiliates, and/or any third party, as applicable.

Noble Brewer Site Privacy Policy
Your use of the NobleBrewer.com Site is governed by the Noble Brewer Privacy Policy. Notices Noble Brewer will give you any necessary notices by posting them on the NobleBrewer.com Site. You authorize Noble Brewer to send notices via e-mail. You agree to check the NobleBrewer.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the NobleBrewer.com Site.

Disclaimer of Warranties
ALTHOUGH NOBLE BREWER ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE NOBLEBREWER.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE NOBLEBREWER.COM SITE. NOBLE BREWER DOES NOT WARRANT THAT YOUR USE OF THE NOBLEBREWER.COM SITE, OR THE OPERATION OR FUNCTION OF THE NOBLEBREWER.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE NOBLEBREWER.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. NOBLE BREWER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE NOBLEBREWER.COM SITE. THE NOBLEBREWER.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT SHALL NOBLE BREWER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE NOBLEBREWER.COM SITE, THE USE OR PERFORMANCE OF THE NOBLEBREWER.COM SITE, THE DELAY OR INABILITY TO USE THE NOBLEBREWER.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NOBLEBREWER.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NOBLEBREWER.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOBLEBREWER.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NOBLEBREWER.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOBLEBREWER.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS NOBLEBREWER.COM'S LIABILITY OR YOUR REMEDIES.

Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

General Provisions
You agree that Noble Brewer and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the NobleBrewer.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of NobleBrewer.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NobleBrewer.com in writing. The Terms of Service, along with the Noble Brewer Privacy Policy, comprises the entire agreement between you and NobleBrewer.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Noble Brewer. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Noble Brewer shall be null and void. These Terms of Service will inure to the benefit of Noble Brewer’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Alameda County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us at Support@NobleBrewer.com The Terms of Service were updated March 11, 2015.

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