Terms of Use

Effective Date: October 16th, 2024

 

These Terms of Use (“Terms”) of ImGn Labs II and its affiliates (“BERO,” “we,” “us” or “our”) apply to all contents and information available within our website available at https://berobrewing.com/ (the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site. 

 

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 21 YEARS OLD AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST 21 YEARS OLD OR DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.

 

BINDING ARBITRATION

 

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BERO MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BERO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 17FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BERO. 

 

LOYALTY PROGRAM: AUTOMATICALLY RENEWING SUBSCRIPTIONS

 

PLEASE SEE SECTION 3 OF THESE TERMS FOR TERMS RELATING TO OUR LOYALTY PROGRAM AND AUTOMATICALLY RENEWING SUBSCRIPTIONS.

 

 

1. 1. Purchases

Non-alcoholic beer may only be purchased by individuals who are at least 21 years old in jurisdictions that permit such purchases. If you purchase a BERO product, you expressly represent and warrant that: (i) you are at least 21 years old; and (ii) that the product has not been purchased with the intent to resell the product or provide the product to someone who is not 21 years old. You further understand and acknowledge that BERO cannot accept your order if you do not state you are at least 21 years old.

 

All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice at any time, at our sole discretion. Any BERO publication concerning our products may include inaccuracies or typographical errors. BERO shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. BERO may make improvements and/or changes in the products described in these publications at any time without notice.

 

BERO may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by BERO, payment must be received by BERO prior to acceptance of an order. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We may also require that you expressly state you are at least 21 years old before accepting any order. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.

 

You understand that: (i) the prices for products displayed through the Site may differ from the prices offered or published by third parties for the same product and/or from prices available at third-party websites/mobile applications, and that such prices may not be the lowest prices at which the products are sold; (ii) BERO has no obligation to itemize its costs, profits or margins when publishing such prices; (iii) BERO may change prices at any time, at our sole discretion; and (iv) BERO reserves the right to change such prices at any time to correct errors or to comply with applicable laws. 

 

You understand that products purchased by you and shipped to your designated location may be subject to applicable foreign, state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products. 

 

Payment will be processed by BERO’s independent third-party payment processor, using the payment method you designate or that is designated in your account. You may be required to accept the terms and conditions and privacy policy of such third-party payment processor in order to be able to process your payment. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

 

1. 2. Gift Cards

For balance inquiries, please contact us at support@berobrewing.com. BERO gift cards are redeemable only for our products made available to purchase on the Site. BERO gift cards may not be redeemed for cash (except as required by law) or applied as payment or credit to any credit card account. BERO gift cards are issued by BERO only. BERO reserves the right to decline gift cards from unauthorized sellers, including auction sites. BERO gift cards may be placed on hold or rejected if fraud is suspected. Please protect your BERO gift card – you are responsible if it is lost or stolen. Lost or stolen cards will only be replaced with proof of purchase and only for the value shown on our records. Your BERO gift card expires within 18 months. Never share your BERO gift card number with anyone you do not know.

 

 

1. 3. Loyalty Program/Membership

BERO offers a loyalty program (the “Program”).

 

1. a. Eligibility Criteria 

 

Participation in the Program is contingent upon being at least 21 years of age and maintaining an active account with BERO. The Program is void where prohibited by law or any regulatory framework, and it is incumbent upon participants to ensure their eligibility within the confines of local laws and regulations. 

 

To enroll in the Program, please visit our Program page here.

 

1. b. Mechanics of the Program

 

Upon joining the Program, participants will accrue credits ("Credits") based on qualifying activities, which include, but are not limited to, purchases, referrals, and specific promotional actions, as detailed on the Program page, and may receive certain benefits, such as discounts on our products or gifts (“Rewards”). The accrual, redemption, and specifics of these Credits and Rewards are subject to change at our sole discretion, at any time, in line with the Program's structure and objectives. Part of the Program may include access as a “BEROMASTER,” a members-only offering that provides exclusive benefits on the Site for an annual price (the “BEROMASTER Membership”). For more information on the BEROMASTER Membership and Program, including current benefits, pricing, and how credits work, please see the page here. 

 

1. c. The BEROMASTER Membership

 

1. i. Fees and Automatic Renewal

 

You must pay the BEROMASTER Membership fee stated on the page found here before receiving any benefits of the BEROMASTER Membership. The BEROMASTER Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the BEROMASTER Membership fee, and any taxes will be added to your order.

 

Your BEROMASTER Membership will continue and automatically renew at the end of the initial term, and you will be charged the BEROMASTER Membership fee (the renewal rate then in effect) on an automatically recurring basis until you cancel or the account is otherwise suspended pursuant to these Terms. You must have Internet access and provide us with one or more payment methods. If all eligible payment methods we have on file for you are declined for payment of your BEROMASTER Membership fee, you must provide us a new eligible payment method promptly or your BEROMASTER Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new BEROMASTER Membership period will be based on the original renewal date and not the date of the successful charge. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR BEROMASTER MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. You acknowledge that the BEROMASTER Membership fee billed may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. If BERO changes the BEROMASTER Membership fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes. For clarity, your BEROMASTER Membership will automatically renew for an additional period equal in length to your initial Membership period until you cancel it using the payment method you have provided (i.e., if you initially paid for an annual BEROMASTER Membership, at the end of your initial BEROMASTER Membership, your BEROMASTER Membership will automatically renew for another year).  Before the end of the initial term and before your subscription renews, you will receive a renewal reminder notice via email. 

 

1. ii. Changes to Membership Terms

 

We may in our discretion change the terms of our Membership program. Any changes will be made to this page or at the Program page here and will be effective as of the date of posting. Your continued Membership after we post updated terms constitutes your acceptance of the changes. If you do not agree to the changes, your only recourse is to cancel your Membership.

 

1. iii. Termination by Us

 

We may terminate your BEROMASTER Membership at our discretion. If we do so, we will give you a prorated refund based on the number of full months remaining in your BEROMASTER Membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of your BEROMASTER Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

1. iv. Cancellation

 

When you purchase a BEROMASTER Membership, you expressly acknowledge and agree that your purchase is for an annual, auto-renewal subscription. If you do not cancel your BEROMASTER membership within your account settings or via customer service in advance of your renewal date, you will be automatically billed $55/year (plus tax, if applicable). You may cancel at any time through your account settings. To cancel your membership, simply log in to your account, navigate to the Club BERO section, click to “manage membership”, and when prompted click on 'Cancel Membership'. You must cancel your subscription at least 30 [days in advance before the renewal charge date in order to avoid billing of the BEROMASTER Membership fees for the next billing period to your payment method. If you cancel your subscription, cancellation will be effective at the end of the current automatic renewal period. This means that you will have continued access to your BEROMASTER Membership for the remainder of that period, but you will not receive a refund.

 

1. d. Credits

 

1. i. Earning Credits

 

As a benefit of the Program, you may receive Credits, which can be used only to purchase products or services on our Site available at the moment of purchase. Any Credits will expire, 12 months for non-paying participants of the Program and 18 months for participants of the BEROMASTER Membership, after the date you earn or receive the Credits. If you do not use your Credits before their expiration, you forfeit your right to use it. Credits may not be exchanged or redeemed for cash or gift cards. Credits are non-transferrable and cannot be exchanged, sold or returned. BERO is not responsible for lost or stolen Credits.

 

1. ii. Returns & Refunds

 

Returns and refunds on orders will result in credit adjustments. 

• If you cancel or receive a full refund for your order, any Club BERO credits earned from that specific order will be removed from your account (applicable to both beer and lifestyle items).
• For partial refunds, only the corresponding portion of Club BERO credits will be deducted.

 

 

1. e. Non-Transferability of Rewards 

 

Rewards earned through the Program are non-transferable, cannot be exchanged, sold or returned, and are not redeemable for cash, or other substitutes unless specifically permitted by these Terms. The sale, barter, transfer, or assignment of any accumulated Rewards, other than by us, is expressly prohibited.

 

1. f. Restrictions 

 

Participants of the Program may not engage in any fraudulent or abusive activities aimed at unjustly accumulating Rewards and/or Credits. Such activities include, but are not limited to, creating multiple accounts for the same individual or engaging in deceptive practices to generate referrals. We reserve the right to monitor accounts for suspicious activity and may adjust Rewards and/or Credits or terminate accounts accordingly. 

 

1. g. Adjustments to the Program 

 

We retain the unambiguous right to modify, pause, or terminate the Program at any time, without prior notice, for any reason we deem appropriate. This includes changes to the structure, rewards, and eligibility criteria of the Program. Participants will be informed of significant changes through updates to these Terms or other direct communications.

 

1. 4. Shipping & Returns

For our Shipping & Returns policy, please visit here.

 

1. 5. User Accounts

You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that BERO has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, BERO 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).

 

You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your account holder      status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at support@berobrewing.com. BERO will not be liable for losses, damages, liability, expenses, and fees incurred by BERO or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

 

1. 6. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time at our      discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

 

1. 7. Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site. 

 

1. 8. Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

 

1. 9. License

BERO grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of BERO.

 

1. 10. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation; 
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
• Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site; or
• Otherwise attempt to interfere with the proper working of the Site.

 

1. 11. User Submissions

Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“User Submissions”) will be considered non-confidential and non-proprietary. BERO will have no obligations with respect to the User Submissions. Furthermore, you hereby assign to BERO all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to BERO, you agree BERO is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, BERO and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the User Submission for any and all commercial or noncommercial purposes anywhere in the world.

 

You are responsible for the User Submissions you post to the Site and must be compliant with applicable laws, rules and regulations when posting such User Submissions. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Submissions on the Site, including all consents and permissions from any individuals who are the subject of any posts.

 

In submitting User Submissions to or through the Site, you agree you will not: 

• Submit material about any individual when you have knowledge that such individual objects or has objected to such submission;
• Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; 
• Post advertisements or solicitations of business or employment; 
• Impersonate another person; 
• Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BERO all of the license rights granted herein;
• Submit material that is unsuitable for minors in any country; or 
• Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

 

BERO reserves the right, but has no obligation, to refuse to post, block or remove User Submissions from the Site for any reason at our sole discretion. BERO may terminate your access to or use of the Site to prevent further posting or distribution of User Submissions.

 

1. 12. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send BERO a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BERO to locate the material on the Site;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BERO a counter-notice.

 

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to support@berobrewing.com.

 

1. 13. Third-Party Posts

Any use or reliance on any posts made by other users or third parties on the Site (“Third-Party Posts”) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Posts or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Third-Party Posts that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are deceptive. All Third-Party Posts are the sole responsibility of the individual who originated such Third-Party Posts. We may not monitor or control the Third-Party Posts and we cannot take responsibility for such Third-Party Posts.

1. 14. California 

Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

 

1. 15. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY BERO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE PROGRAM, MEMBERSHIP OR ANY CREDITS OR REWARDS, USER SUBMISSIONS AND THIRD-PARTY POSTS. 

 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BERO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE PROGRAM, MEMBERSHIP OR ANY CREDITS OR REWARDS, USER SUBMISSIONS AND THIRD-PARTY POSTS.

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSION AND THIRD-PARTY POST, ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE OR YOUR MEMBERSHIP IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR CANCEL YOUR MEMBERSHIP. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS PURCHASED BY YOU THROUGH THE SITE OR YOUR MEMBERSHIP IS THE COST OF THE PRODUCT YOU PURCHASED OR YOUR MEMBERSHIP. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

Any claims arising in connection with your use of the Site or any products purchased through the Site or the Program, including but not limited to your Membership, Credits or Rewards, must be brought within one (1) year of the date of the event giving rise to such action occurred.  

 

1. 16. Indemnification

You agree to indemnify, defend and hold harmless us and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your account or access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

 

1. 17. Arbitration Agreement

Arbitration.  Any dispute, controversy, or claim between us arising out of or relating in any way to your account, any purchase you make from us or the Program, including but not limited to your Membership or any Credits or Rewards, will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

 

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to:

 

IMGN LABS II, 

521 Thorn St. Unit 250

Sewickley, PA 15143

 

 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.

 

The arbitration will be conducted by JAMS under its applicable rules unless otherwise stated herein. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator. 

 

If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel. 

 

You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.  This arbitration agreement will survive termination of the Terms.

 

Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS (or another chosen arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in Section 19(Governing Law; Jurisdiction) shall govern the claim.

 

Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

 

Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

 

1. 18. Links to External Websites and Online Services

Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites or online services is not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of use of those third-party websites or online services, and we are not responsible for the information practices of such third-party websites or online services.

 

1. 19. Governing Law; Jurisdiction

These Terms shall be governed by the laws of Delaware without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of  Delaware to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 17(Arbitration Agreement) above.

 

1. 20. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses. 

 

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

 

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. 

 

1. 21. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at support@berobrewing.com.