BREWFUND TERMS OF USE FOR BREWERIES

DEFINITIONS

"Breweries" or "You" means the brewpubs, microbreweries, craft breweries, and contract brewing companies with whom BrewFund works to provide Services.

"BrewFund" means BrewFund, Inc., a corporation formed under the laws of the State of Tennessee and includes the Mobile App and BrewFund.com.

"BrewFund.com" means the main website BrewFund.com, comprised of various web pages operated by BrewFund, Inc. for the benefit of Users.

"Dashboard Website" means the website for Breweries to input their banking information, manage their location, and track sales and taxes.

"Mobile App" or "Purchase Application" means the mobile application that allows Users to pre-purchase alcoholic beverages at participating Breweries.

"Privacy Policy" means the BrewFund Privacy Policy, posted on the Mobile App and BrewFund.com.

"Redeem App" means the mobile application that allows Breweries to redeem alcohol units for Users purchased through the Purchase Application.

"Services" means the online platforms offered by BrewFund through the BrewFund.com, Mobile App, Dashboard Website, and/or Redeem App.

"Terms" means the terms, conditions, and notices contained within this BrewFund Terms of Use for Breweries.

"User" means the person utilizing BrewFund's Services through BrewFund's Mobile App and/or BrewFund.com.

AGREEMENT BETWEEN BREWERIES AND BREWFUND

Welcome to BrewFund. The Services offered to the Breweries through BrewFund's Dashboard Website and/or Redeem App are conditioned upon Your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Redeem App and/or the Dashboard Website constitute Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference.

BREWFUND IS AN E-COMMERCE APPLICATION AND WEBSITE

BrewFund.com and/or Mobile App allow Users to digitally give another person a beer that can be redeemed at Breweries. The Dashboard Website and/or Redeem App allow Breweries to redeem beers for Users.

PRIVACY POLICY

Your usage of BrewFund.com, Mobile App, Dashboard Website, and/or Redeem App are subject to BrewFund's Privacy Policy. Please review BrewFund's Privacy Policy, which informs Users and Breweries of BrewFund's data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting BrewFund.com, Mobile App, Dashboard Website, and/or Redeem App all constitute electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that BrewFund provides to You electronically, via email, push notifications through the Redeem App, and notifications through the Dashboard Website satisfy any legal requirement that such communications be in writing.

BREWERIES' ACCOUNTS

If You use the Dashboard Website and/or Redeem App, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and mobile devices, and You agree to accept responsibility for all activities that occur under You account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that BrewFund is not responsible for third party access to Your account that results from theft or misappropriation of Your account. BrewFund and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

BrewFund does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If You are under 21 years of age, You may not use BrewFund.com, Mobile App, Dashboard Website, and/or Redeem App for any reason or purpose.

NO UNLAWFUL OR PROHIBITED USE / INTELLECUTAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Dashboard Website and/or Redeem App strictly in accordance with these Terms. As a condition of Your use of the Services, You warrant to BrewFund that You will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Dashboard Website and/or Redeem App in any manner which could damage, disable, overburden, or impair the Dashboard Website and/or Redeem App or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Dashboard Website and/or Redeem App.

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Dashboard Website and/or Redeem App is the property of BrewFund or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Dashboard Website and/or Redeem App. BrewFund content is not for resale. Your use of the Services does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for Your personal use, and You agree to make no other use of the content without the express written permission of BrewFund and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. BrewFund does not grant You any licenses, express or implied, to the intellectual property of BrewFund or its licensors, except as expressly authorized by these Terms.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BrewFund, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Dashboard Website and/or Redeem App, Your violation of any Terms, or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. BrewFund reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with BrewFund in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOBILE APP AND/OR BREWFUND.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BREWFUND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.

BREWFUND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MOBILE APP AND/OR BREWFUND.COM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BREWFUND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREWFUND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOBILE APP AND/OR BREWFUND.COM, WITH THE DELAY OR INABILITY TO USE THE MOBILE APP AND/OR BREWFUND.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BREWFUND, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE APP AND/OR BREWFUND.COM.

TERMINATION / ACCESS RESTRICTION

BrewFund reserves the right, in its sole discretion, to terminate Your access to the Dashboard Website and/or Redeem App and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and You hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Dashboard Website and/or Redeem App. Use of the Dashboard Website and/or Redeem App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and BrewFund as a result of this agreement or use of the Dashboard Website and/or Redeem App. BrewFund's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BrewFund's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by BrewFund with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the Breweries and BrewFund with respect to the Dashboard Website and/or Redeem App, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and BrewFund with respect to the Dashboard Website and/or Redeem App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

MODIFICATION OF TERMS

BrewFund reserves the right, in its sole discretion, to modify the Terms under which Services are offered through the Dashboard Website and/or Redeem App. The most current version of the Terms will supersede all previous versions. BrewFund encourages You to periodically review the Terms to stay informed of its updates.

CONTACT US

BrewFund welcomes your questions or comments regarding the Terms:

BrewFund, Inc.
201 E Main St, Suite #2
Johnson City, Tennessee 37604

Email Address:

Telephone Number:
(423) 218-9744

Updated May 1, 2016