TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C“) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.
ezbeersoftware.com (“Site“) is owned by EzBeer LLC, a California limited liability company (“EzBeer“) and is currently provided free of charge to users who agree to abide by these T&C. EzBeer reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as EzBeer sees fit. Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site. Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. If you are under the legal drinking age you are not allowed to access or use this Site, including accessing advertising or marketing information on the Site. If you are of legal drinking age, you acknowledge and agree that you will not share materials from this Site with underage persons. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of EzBeer’s products or merchandise or to participate in any of our promotions or other offers on this Site or otherwise.
- COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by EzBeer LLC. ALL RIGHTS RESERVED. ezbeersoftware.com®, other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of EzBeer LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials“) are the property of EzBeer and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by EzBeer and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by EzBeer or its subsidiaries or affiliates) without EzBeer’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with EzBeer or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution or republication of Materials without EzBeer’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of EzBeer or third parties.
EzBeer is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from EzBeer, and EzBeer has no control over the content of that other website. In addition, a link to any other website does not imply that EzBeer endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by EzBeer of that third party or of any product or service provided by a third party.
- PRIVACY NOTICE
EzBeer is the sole owner of the information collected on this site and only has access to/collect information that you voluntarily give us via email or other direct contact from you. EzBeer will not sell or rent this information to anyone.
EzBeer will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our Site.
EzBeer takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.
Wherever EzBeer collects sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Site.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
California Residents – Notice of Disclosure. California law gives California residents the right to request a notice describing the categories of Personal Information EzBeer shares with affiliated companies or other parties for their direct marketing purposes. The notice that EzBeer gives California residents under California Civil Code sections 1798.83–1798.84 identifies the categories of Personal Information EzBeer shares with affiliated companies or others for their direct marketing purposes. The notice includes the names and addresses of those affiliated companies or others. If you are a California resident and would like a copy of this notice, please contact us at https://www.ezbeersoftware.com/contact/
- PRODUCT AND SERVICES INFORMATION
Product availability and some prices offered on the site may vary based on your location. Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
- FREE TRIAL & RETURNS
We encourage the use of our service through free trials. To view the specific details regarding your free trial, click on the “Start My Free Trial” button from the web site, review the information sent by email when the account was created, or click on the “My Account” link after logging into the web site.
Free trials cannot be combined with any other offer. You must have Internet access and a valid credit card, debit card, or checking account (“Payment Method”) to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for the first regular payment. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
We will begin billing your Payment Method for the regular subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. To view the specific details of your subscription plan, including the price and end date of your free trial period, click on the “My Account” link after logging into the web site. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK AFTER LOGGING INTO THE WEB SITE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method every month for your subscription plan until you cancel. You may cancel your subscription at any time. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
All Sales are Final. We accept returns for refund or exchange for items damaged in transit. To be eligible for a refund or exchange, the product must be in the original packaging.
To complete a return, EzBeer requires a receipt or proof of purchase. Once your return is received and inspected by EzBeer, we will notify you of the approval or rejection of your refund. If you are approved for a refund, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
- NOTICE AND TAKE-DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact EzBeer and provide the following information:
- A clear statement identifying the works or other Materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing Materials so that EzBeer can find and verify its existence.
- Your name, telephone number and email address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or that EzBeer considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
By using the Site, you agree to indemnify the EzBeer Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. EzBeer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY EZBEER ON AN “AS IS” AND “AS AVAILABLE” BASIS. EZBEER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EZBEER IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE EZBEER PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE EZBEER PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE EZBEER PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- TYPOGRAPHICAL ERRORS
While we make every effort to provide accurate information, inaccuracies or errors may occur, including price information and product specifications. In the unlikely event that there is a typographical error, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. EzBeer reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
EzBeer may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including, without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by EzBeer, your sole remedy is to terminate your use of the Site.
- JURISDICTION; DISPUTES
These T&C will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions. Each user accessing the Site hereby submits to the exclusive jurisdiction and venue of the courts within the County of Orange, State of California, and waives any jurisdictional venue or inconvenient forum objections to such courts. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Any failure by EzBeer to enforce any of its rights under the T&C or applicable laws shall not constitute a waiver of such right. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you, EzBeer, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms provisions shall retain their full force and effect.
- COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of EzBeer, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us.