BeerMaps, LLC (collectively “BeerMaps.com,” “BeerMaps,” “we,” “us,” or “our”) provide these Terms and Conditions that that covers the BeerMaps website located at www.BeerMaps.com and all associated sub-domains (example.BeerMaps.com).
All questions concerning this Agreement should be directed to BeerMaps Support at Support@BeerMaps.com or by mail to:
BeerMaps, LLC | BeerMaps
PO BOX 596
Orangevale, CA 95662.
BeerMaps may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the BeerMaps website at https://beermaps.com/terms-conditions/
Membership privileges are granted by BeerMaps to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing service is permitted to access the BeerMaps website without express written permission from BeerMaps, and by registering for a membership, you represent and warrant that you are not a competitor of BeerMaps or acting on behalf of a competitor of BeerMaps in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of BeerMaps. By completing the registration process, User represents and warrants that the information provided is true, accurate, complete, and current. BeerMaps requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the BeerMaps website. Members are not permitted to share their individual logon information with others. BeerMaps has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the BeerMaps website, or abuses their rights related to the BeerMaps Service.
Upon registration, which is free, User becomes a FREE Member. A FREE Member may search BeerMaps’s Listings and will receive a subset of results matching the User’s search parameters. FREE Members can submit unlimited Free Listings. Users may elect to upgrade to paid Listings which are subject to BeerMaps’s Pricing Schedule and Listing Policy (below). BeerMaps’s most recent Pricing Schedule can be found at: https://beermaps.com/advertise-with-beermaps/#Pricing.
BeerMaps utilizes email as a vital and primary communication channel with Users. All Users (registered or not) hereby acknowledge and grant BeerMaps and other users of BeerMaps the permission to communicate with Users via email (as well as other communication channel such as phone and text message) for any purposes BeerMaps determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. BeerMaps will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will BeerMaps have any liability for sending any email to its registered users/customers. By becoming a member of BeerMaps, you acknowledge and agree that BeerMaps may record telephone and other electronic communications it has with you for BeerMaps internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings:
User has and shall have the opportunity to submit to BeerMaps, Listings, which may include, but not limited to: photographs, images, videos (which may include sound and/or music), graphics, product details, biographical or business details, contact, or other information (collectively, “Submitted Content”). You represent and warrant that (a) you own or have the full right, power and authority to grant to BeerMaps use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to BeerMaps; (b) your license of such content to BeerMaps hereunder does not, and the use or license of such content by BeerMaps to third parties will not, infringe any right or interest owned or possessed by any third-party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, BeerMaps acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant BeerMaps and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that BeerMaps may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion. User agrees not to submit any Submitted Content to BeerMaps unless the User has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the Submitted Content on the User’s website or on BeerMaps’s website. Specifically, User will not submit a photograph if User received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the BeerMaps website. Users may only submit videos personally created by User or User’s direct employees. Users may not upload or otherwise submit videos created or produced by third-party video tour providers. BeerMaps may, in its sole discretion but without any obligation to search for such, remove Listings that are alleged to have been submitted in violation of this provision. In addition, BeerMaps may require additional evidence of compliance with this provision from Users who are alleged to have submitted Listings, Submitted Content, or other information in violation of this Agreement. BeerMaps will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active Listings on the BeerMaps website. User shall not use robot, spider, or other automated service to submit listings on the BeerMaps website. Additionally, the User agrees to allow submitted Listings and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website, the BeerMaps website and other BeerMaps partner or affiliate websites. BeerMaps shall have the sole authority to choose the manner in which any Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the BeerMaps website and shall have the right to modify the Listing in the exercise of its rights under this Agreement. The User (a) represents and warrants that all Listings and associated information provided by the User, including Submitted Content, will be accurate; (b) agrees to always administer the Listings and Submitted Content and maintain their accuracy. BeerMaps reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the User’s website or on the BeerMaps website. The User is entirely responsible, and BeerMaps accepts no responsibility, for the Submitted Content from the User. While BeerMaps shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BeerMaps. BeerMaps may add digital watermarks to certain parts of your Listings, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that BeerMaps may adjust portions of the information contained within the Service.
BeerMaps reserves the right to, at their sole discretion; remove or edit Submitted Content that violates any of the following terms:
- Submitted Content must be compliant and relevant to BeerMaps.
- Submitted Content must not constitute, facilitate, or promote illegal products, services or activities.
- Submitted Content must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
- Submitted Content must not promote the sale or use of tobacco products and related paraphernalia.
- Submitted Content must not promote the sale or use of illegal, prescription, or recreational drugs.
- Submitted Content must not promote the sale or use of weapons, ammunition, or explosives.
- Submitted Content must not promote the sale or use of unsafe supplements,
- Submitted Content must not promote any competing or similar service,
- Submitted Content must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
- Submitted Content must not contain content that infringes upon or violates the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please check BeerMaps Support at Support@BeerMaps.com.
- Submitted Content must not promote the sale or use of adult products or services
- Submitted Content must not contain shocking, sensational, disrespectful or excessively violent content.
- Submitted Content must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
- Submitted Content, landing pages, and business practices must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
- Submitted Content must not contain content that exploits controversial political or social issues for commercial purposes.
- Submitted Content must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.
- Submitted Content must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
- Submitted Content must not contain images that portray nonexistent functionality.
- Submitted Content promoting income opportunities must fully describe the associated product or business model and shall not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
- Submitted Content must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low-quality ad content.
- Submitted Content must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
User Submitted Reviews
BeerMaps reserves the right to, at their sole discretion; remove or edit User Submitted Reviews that violates any of the following terms:
- User Submitted Reviews must not be false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Submitted Reviews must not be patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- User Submitted Reviews must not constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange, including but not limited to, the New York Stock Exchange, the NASDAQ or the London Stock Exchange;
- User Submitted Reviews must not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- User Submitted Reviews must not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- User Submitted Reviews must not constitute mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes;”
- User Submitted Reviews must not impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including the TripAdvisor Companies;
- User Submitted Reviews must not be private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
- User Submitted Reviews must not contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- User Submitted Reviews must not include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- User Submitted Reviews must not be unrelated to the topic of the Area(s) in which such User Submitted Review(s) is posted; or
- User Submitted Reviews must not in the sole judgment and discretion of BeerMaps, (a) violate any other Terms and Conditions herein, (b) is objectionable, (c) restrict or inhibit any other person from using or enjoying the any aspect of the BeerMaps Service, or (d) expose BeerMaps or our users to any harm or liability of any type.
Use of Information:
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (individually and collectively, the “Content”) as proprietary to BeerMaps. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of BeerMaps. BeerMaps does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
INFORMATION PROVIDED BY BEERMAPS ONLY, IT IS THE USERS RESPONSIBILITY TO VERIFY INFORMATION OBTAINED FROM THE SERVICE. IN NO WAY DOES BEERMAPS WARRANT THE ACCURACY OF THE INFORMATION OBTAINED FROM THE SERVICE.
User shall limit access to, and use of, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device, unless in a manner explicitly deemed permissible in this agreement. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the BeerMaps Service as part of any effort to compete with BeerMaps, including without limitation using the BeerMaps Service to provide, alone or in combination with any other product or service, any database services to any third-party or any use that causes a reduction or loss from an existing or potential BeerMaps customer, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the BeerMaps Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine (scrape) or copy BeerMaps products, services or information; decompile, decode or reverse engineer BeerMaps software; or use BeerMaps products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
Really Simple Syndication (RSS) Terms:
By accessing or using BeerMaps’s RSS feeds, you accept and agree to BeerMaps’s RSS terms and conditions below. If you have questions or concerns about any of these terms and conditions– or if you wish to use an RSS feed in a manner inconsistent with any provision below (e.g., on a mobile device for commercial purposes or redistribution, or with your own advertising) – please do not hesitate to contact us at Support@BeerMaps.com. We will be happy to discuss your ideas and to work with you to try to meet your requests.
- For any article, listing, or advertisement, you may not display more text than we provide in the RSS feed.
- All text from our RSS feed must displayed in the manner in which we provide the text. You may not edit, translate, or reformat the content that we provide. You must retain all links to the original BeerMaps article, listing, or advertisement on BeerMaps.com, as well as any other hyperlinks or notices in the feed.
- You must ensure that all excerpts link directly to BeerMaps.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.
- You must retain in original form the attribution and by-line provided in the RSS feed, and must prominently credit BeerMaps in connection with each RSS excerpt that you publish.
- Except for your own individual, personal use, you may not display our RSS feed on a mobile device, defined as any portable device using wireless technology to receive content, data, and/or other information (including within a mobile application or on a mobile website).
- You may not aggregate or otherwise use articles and/or excerpts from our RSS feed in a manner that could reasonably serve as a substitute for our original content or could otherwise diminish the value of the content of BeerMaps. For instance, you may not publish a webpage that simply aggregate the RSS feeds of BeerMaps listings and sell advertising against that page.
- You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.
- You may not sell, lease, sublicense, redistribute or otherwise monetize our RSS feeds.
- You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.
- You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of BeerMaps. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person’s right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.
- You must provide us with complete and accurate registration information in order to use our RSS feeds.
- You will promptly remove our RSS feeds upon our request, and will not store or archive any of our feeds.
- We are not liable for your use of our RSS feeds or any related activity.
- We may limit, suspend, or terminate your access to and use of our RSS feeds at any time at our sole discretion.
- We retain all ownership and other rights in the RSS content and in any and all BeerMaps logos and trademarks used in connection with the RSS feeds.
BY DOWNLOADING BEERMAPS’S RSS FEED, YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO CHANGE ANY OF THESE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES.
If you have questions about use of our RSS feeds, or to request our permission to deviate from the requirements set forth above, including using our feeds in mobile products or on any mobile platform, please contact us at Support@BeerMaps.com.
Members, registered Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. BeerMaps is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
SUBSCRIPTIONS AND PAID SERVICES
Once you have completed any applicable free trial, promotional period, or exceeded any limits described on the applicable Pricing Schedule (the “Pricing Schedule”), you will be subject to fees in accordance with any Pricing Schedule. Applicable fees for the Service will be billed monthly, even if you are not actively using the Service (unless you have pre-paid for services in accordance to the Pricing Schedule). The Pricing Schedule is subject to change at any time in BeerMaps’s sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Pricing Schedule, but you are responsible for reviewing the applicable Pricing Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. BeerMaps’s most recent Pricing Schedule can be found at: https://beermaps.com/advertise-with-beermaps/#Pricing.
User agrees to pay for all products or services ordered through the BeerMaps website or via the BeerMaps sales team using the payment method indicated and provides BeerMaps express authorization to charge said fees to the User’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of BeerMaps products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, BeerMaps may immediately cease to provide any and all Deliverables to the User. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At BeerMaps’s option, User shall pay such taxes or fees directly or pay to BeerMaps any such taxes or fees immediately upon invoicing by BeerMaps. BeerMaps is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Account. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions and or/ paid advertisement fees will automatically renew using the User’s current PayPal and/or credit card account number unless User or BeerMaps cancels their subscription three (3) days prior to the renewal date. User cancellations shall be made by deleting your paid advertisements or by emailing Support@BeerMaps.com. All cancellation and non-renewal requests by User will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the User’s email account on record with BeerMaps.
If User has a question about a cancellation, User should contact BeerMaps Support at Support@BeerMaps.com. BeerMaps reserves the right to change its fees or billing methods at any time. BeerMaps will provide timely notice to the affected Users of any such changes.
It is the User’s responsibility to promptly provide BeerMaps with any contact or billing information changes or updates (including phone number, email address, credit card numbers, PayPal information, etc.). Account updates should be made online via the “Dashboard” tab once User has logged into www.BeerMaps.com.
The User must notify BeerMaps about any billing problems or discrepancies within 30 days after charges first appear on their Account Statement. If it is not brought to BeerMaps’s attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.
Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to Support@BeerMaps.com within 30 days of the date such charges are incurred. You agree to waive all disputes not brought within the 30-day period, and all such charges will be final and not subject to challenge.
Right to Subcontract:
BeerMaps, in its sole discretion, may subcontract or delegate to an affiliate or third-party any of its duties, obligations, or services offered without limitation or notification to the User.
Unsolicited Commercial Email (SPAM):
BeerMaps prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the services that BeerMaps offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. User agrees to send email only to those who have given User consent or with whom User has an established business relationship. BeerMaps has the right to revoke the privileges of any customer, user, or entity that breaches these terms.
BeerMaps reserves the right to terminate or suspend a User’s membership and/or services upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by the User, discontinuance or material modification of BeerMaps services, nonpayment of fees owed by a User in connection with BeerMaps or its affiliates’ services, account inactivity or technical or security issues. Upon termination, BeerMaps shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant:
BeerMaps retains all rights (including Intellectual Property Rights as defined below), title and interest in the BeerMaps Website and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of BeerMaps’s technology or delete or alter author attributes or copyright notices. User shall use the BeerMaps system solely for their own individual use and shall not share passwords with others or allow others to use the BeerMaps system under or through that User’s login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification:
IN NO EVENT SHALL BEERMAPS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, USSER SUBMITTED REVIEWS, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BEERMAPS’S SERVICES, LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and BeerMaps’s entire liability under this Agreement shall be a refund to User of the fees paid to BeerMaps hereunder, and in no event will BeerMaps’s liability for any reason exceed such fee. BeerMaps (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify BeerMaps (and BeerMaps’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
ALL LISTINGS AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BEERMAPS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS AND PROFESSIONAL PROFILES, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BEERMAPS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES’ OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. BEERMAPS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO BEERMAPS’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM BEERMAPS’S WEBSITE ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF SUBMITTED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEERMAPS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Links to Third-Party Sites:
If you believe that your work has been copied onto BeerMaps in a way that constitutes copyright infringement, please provide BeerMaps’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BeerMaps that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on BeerMaps, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Complaints can be emailed to Support@BeerMaps.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
BeerMaps, LLC will not be liable in any way for copyright violations as a result of content submitted to the service, the User agrees to resolve and pay any monetary damages to BeerMaps, LLC as a result of copyright violations.
Governing Law; User Right to Arbitrate:
This Agreement, and the Deliverables provided by BeerMaps, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Sacramento County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should BeerMaps file or threaten to file a judicial action against User alleging violation of BeerMaps’s intellectual property rights or violation of use provisions of this Agreement, User may elect to resolve BeerMaps’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Sacramento County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of BeerMaps’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent BeerMaps from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should BeerMaps file or threaten to file a judicial action against User alleging violation of BeerMaps’s intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Lister or Premium Searcher products, User may elect to resolve BeerMaps’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of BeerMaps’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent BeerMaps from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of BeerMaps, which retains the right to withhold consent in its sole discretion.
Waiver and Severability:
The failure of BeerMaps to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
All notices to BeerMaps must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to BeerMaps.
Notices shall be sent to the following address:
BeerMaps, LLC | BeerMaps.com
PO Box 596
Orangevale, CA 95662
E-Mail Address: Support@BeerMaps.com
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
NO APPROVAL OR ENDORSEMENT:
The User acknowledges that BeerMaps does not approve, endorse, or sponsor any product or service other than those that are directly affiliated with BeerMaps. The User will not make any representation that BeerMaps approves, endorses or sponsors any of the Users products or services; however, the User may state that their business can be found or reviewed on BeerMaps, i.e. “Find Us on BeerMaps,” “Review Us on BeerMaps,” etc.. Nothing in this Agreement shall be construed to mean or imply that the User has any license to use any BeerMaps trademark, service mark, logo or trade name unless otherwise specified in this agreement or in writing.
If BeerMaps finds it necessary to proceed with legal or collection actions, the User will be responsible legal and/or collection fees.
Other Rights of BeerMaps:
User agrees that BeerMaps shall have the right to use Listings, Submitted Content, and other information submitted to the Service for any purpose, including without limitation for publication of all or part of such Listings or Submitted Content on the Internet for unrestricted use by BeerMaps customers and partners including but not limited to social media websites. BeerMaps shall have sole authority to choose the manner in which any Listing or Submitted Content will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing, Submitted Content, or refuse Services to anyone at any time in its sole discretion. BeerMaps shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.
BeerMaps reserves the right to modify or change any and all terms and conditions at any time.
The most current copy of these terms and conditions will be posted and available for review on BeerMaps’s website, located at: www.BeerMaps.com/terms-conditions.