Terms and Conditions

This website is maintained by The Bruery®, LLC (“The Bruery”) for the use of its customers and others who wish to access information about The Bruery. By accessing this website you agree to the terms outlined below.

Intellectual Property

All content on this site is the property of The Bruery, unless attribution is otherwise provided, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, as applicable. Users of this website may not copy, redistribute or republish the content on this site for any purpose other than a personal, non-commercial use without the express written permission of The Bruery. Access to this site does not grant a right or license to use intellectual property belonging to The Bruery.

The Bruery is the owner of the trademarks The Bruery®, and other marks used to identify beers from The Bruery, including but not limited to Mischief®, Black Tuesday®, the Twelve Days of Christmas labels (e.g., Partridge in a Pear Tree®, 2 Turtle Doves®, etc). These marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by The Bruery.

Links

It should be noted that any links to and from this site are provided for your convenience. The Bruery makes no guarantees, representations, or warranties as to, and shall have no liability for, any content delivered by or on any third party website, including, without limitation, the accuracy, subject matter, quality, or timeliness of such content. The fact that The Bruery may be linked to third-party sites does not constitute an endorsement or recommendation of that site.

Disclaimers of warranties and damages

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. COMMERCIALLY REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION ON THE BRUERY SITE AND THE BRUERY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL COMPONENTS ON THIS SITE. HOWEVER, THE BRUERY DOES NOT WARRANT THAT ANY OF THE INFORMATION, MATERIALS OR CONTENT ON THE SITE OR FUNCTIONS OF THE SITE ARE ACCURATE, COMPLETE OR ERROR-FREE, OR FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENTS OR THAT USE OF THE SITE WILL BE UNINTERRUPTED. THE BRUERY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY DEFECT IN THE ACCURACY, QUALITY, COMPLETENESS, OR TIMELINESS OF THE DATA, INFORMATION, OR CONTENT OF THE SITE OR FOR HARM CAUSED BY A VIRUS OR OTHER HARMFUL COMPONENT ON OR DOWNLOADED FROM THIS SITE.

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS PROVIDED BY THE BRUERY ON AN “AS-IS” BASIS. THE BRUERY MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BRUERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO ALL USERS. THE BRUERY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO ANY USER AND/OR THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF THE BRUERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF THE BRUERY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS SITE.

BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD THE BRUERY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SITE. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Privacy Notice

Please see our Privacy Statement here.

Termination of Usage

The Bruery may terminate or suspend your access to all or part of this website, without notice, for any conduct that The Bruery, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of The Bruery, another user, a third-party provider, merchant, sponsor or service provider.

Submissions

All remarks, suggestions, ideas, graphics or other information communicated to The Bruery through this site (together, the “Submission”) will forever be the property of The Bruery. The Bruery will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future The Bruery’s operations. Without limitation, The Bruery will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere.

Governing law, venue

The Bruery controls and operates this website from its headquarters in Placentia, CA. As such, this Agreement, the relationship between you and The Bruery, and all transactions or claims relating to this website, including the services provided through this website, shall be governed by the substantive laws of the California, without giving effect to any principles of conflicts of law. You and The Bruery agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California, to resolve any dispute or claim arising from this Agreement.

In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Site and the content therein, including without limitation alcoholic beverage control laws.

Acknowledgment and changes

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting. Your continued use of the site will be deemed acceptance thereof.

Mobile Terms of Service

The The Bruery mobile message service (the "Service") is operated by The Bruery (“The Bruery”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to The Bruery’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Bruery through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Bruery. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 833-461-3360 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Bruery mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 833-461-3360 or email society@thebruery.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.