Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MBS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old.
All content of the Website is subject to copyright with all rights reserved. No portion of the Website (html, images, text content, source code) may be mirrored, retransmitted, copied, duplicated, reposted, or otherwise used without the written approval of MBS.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MBS may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause MBS liability. You must immediately notify MBS of any unauthorized uses of your account or any other breaches of security. MBS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. By creating an account you understand your account is for use by you only, and is not allowed to be shared by multiple people. You may use you account on my computers but it is for use by you only. Accounts are non-transferrable. You may not sell, redistribute, sublicense, or otherwise transfer your account, or any portions of your account, to anyone without the prior written consent of MBS.
Any feedback you provide to MBS by using the contact page, or otherwise, becomes the property of MBS. MBS is under no obligation to follow user suggestions, though we try to. Any suggestions made by you or by others through you to improve the Website, generate, code, media, or other materials are welcome and you grant MBS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the suggestion for any purpose and any works MBS creates from that suggestion. You may request or be granted subscription time, swag, or other items for providing feedback or suggestions. These will be granted at the sole discretion of MBS. MBS is under no obligation to provide any form of compensation for feedback or suggestions.
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, MBS has the right (though not the obligation) to, in MBS sole discretion (i) refuse or remove any content that, in MBS reasonable opinion, violates any MBS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MBS’ sole discretion. MBS will have no obligation to provide a refund of any amounts previously paid.
MBS has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, MBS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MBS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MBS links, and that link to MBS. MBS does not have any control over those non-MBS websites and webpages, and is not responsible for their contents or their use. By linking to a non-MBS website or webpage, MBS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MBS disclaims any responsibility for any harm resulting from your use of non-MBS websites and webpages.
As MBS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MBS violates your copyright, you are encouraged to notify MBS in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. MBS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MBS will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MBS or others.
This Agreement does not transfer from MBS to you any MBS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MBS. Michigan Brew Supply, the MBS logo, and all other trademarks, service marks, graphics and logos used in connection with MBS, or the Website are trademarks or registered trademarks of MBS or MBS licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MBS or third-party trademarks.
MBS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MBS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MBS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MBS account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". MBS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MBS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. The information and opinions contained in the Website are provided without any warranty of any kind, express or implied. Use downloads, examples, calculators, and any other techniques AT YOUR OWN RISK. MBS is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. All information provided is for information purposes only and does not constitute a legal contract between MBS and any person or entity unless otherwise specified. Information provider at this website is subject to change without prior notice. Every reasonable effort is made to present current and accurate information, though MBS makes no guarantees of any kind. All links to external Web sites are provided as a courtesy. They are not endorsed by MBS for the content or views of the linked materials.
In no event will MBS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MBS under this agreement during the twelve (12) month period prior to the cause of action. MBS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless MBS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MBS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MBS, or by the posting by MBS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MBS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
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