Terms & Conditions
Motley Brew TERMS & CONDITIONS
Effective May 1, 2015
Motley Brew E-Liquids - Terms of Offer
WARNING TO THOSE UNDER THE AGE OF 18 (OR 19 IN ALABAMA, ALASKA, NEW YORK, NEW JERSEY, OR UTAH)
BEING ON THIS WEBSITE IS A REPRESENTATION THAT YOU ARE OF A MINIMUM AGE OF 18, OR 19 IN THE AFOREMENTIONED STATES. IF YOU ARE UNDER THIS AGE, WE KINDLY YET FIRMLY ASK YOU TO REMOVE YOURSELF IMMEDIATELY, BECAUSE YOU ARE NOT WELCOME. ALL PRODUCTS ON THIS SITE ARE INTENDED FOR ADULT USAGE, PURCHASE, AND VIEWING ONLY.
ALSO, OUR PRODUCTS MAY NOT BE PURCHASED IF YOU ARE AN OREGON RESIDENT.
ALL OF OUR E-LIQUID PRODUCTS ARE NOT DESIGNED OR INTENDED TO BE “CESSATION,” “STOP SMOKING” OR “QUIT SMOKING” DEVICES. USERS MAY FIND THEM TO BE SATISFYING, ENJOYABLE, EXHILARATING, GRATIFYING, DELICIOUS, AND AMAZING ALTERNATIVES TO TRADITIONAL TOBACCO PRODUCTS, AND THEY MAY (OR MAY NOT) CONTAIN NICOTINE FOR USERS TO VAPORIZE AT THEIR DISCRETION.
NICOTINE IS HIGHLY ADDICTIVE. EVEN AT VERY LOW DOSES, IT CARRIES THE POTENTIAL TO CAUSE A WIDE RANGING LIST OF POSSIBLE SIDE EFFECTS, SOME OF WHICH MAY INCLUDE (THOUGH NOT LIMITED EXCLUSIVELY TO) NAUSEA, VOMITING, HIGH BLOOD PRESSURE, AND CANCER.
NO ONE UNDER THE AGE OF 18 SHOULD USE THESE E-LIQUID PRODUCTS.
NO PERSON WHO IS PREGNANT OR BREASTFEEDING/ NURSING SHOULD USE THESE PRODUCTS.
INFORMATION AND STATEMENTS REGARDING THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (THE FDA) AND THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY AILMENT OR DISEASE.
Statements made on this site, as well as any of the materials, e-liquids, products or devices distributed by www.motelybrew.com have not been evaluated by the Food and Drug Administration. The products sold on this site are not intended in any way to help users stop smoking. They are not cessation, or stop smoking devices, and are not made to assist users in quitting smoking, in any way whatsoever. They have also not been made or designed with the intended purpose to treat, diagnose, cure, or prevent any disease known to modern medicine. If you are pregnant, breastfeeding, taking medications (by prescription or otherwise), or have a history of heart conditions, it is our thoughtful and courteous suggestion that you consult a physician or other board-certified medical professional before using any of our products. We care about you, we want to see you safe above all.
*Home Delivery Program
If you opt to enroll in our Home Delivery Program, you will be billed according to the number of refills you specified when you signed up, in addition to charges of shipping & handling. In return, you will have delivered to your door, a fresh and steady supply of Motley Brew's exceptionally crafted e-liquids for as long as you remain subscribed to the service. Membership is optional, and you do have the option to disengage at any time. The credit card info you provided upon signing up for membership will be automatically billed for these specific charges at each interval, per your request upon signup. If you wish to cancel future Home Delivery shipments, it is required that you call at least 1 day prior to the date your next delivery will ship. And just FYI, our customer care department is open Mon-Fri 8am - 10pm EST.
The price of products on our website may vary from time to time, and you will be able to see the price posted next to the Product. You can expect to be billed for the amount stated, at the date of your order, and this transaction should appear on your billing statement. Let it be understood that you are manifesting YOUR AGREEMENT to ordering any of our products, as well as other immediate charges by clicking to accept any buttons of confirmation, which may include: “Submit,” “Confirm my Order,” “Confirm this Purchase,” “Yes Please,” “I Agree,” “Rush my Order Please,” or any such or related terms, whether you have read these terms or not.
The Delivery Confirmation Policy
As much as we'd like to control this world, we can't. And as much as we want to guarantee nothing will ever go awry, it's impossible. Things happen, and should circumstances outside of our control occur at your shipping address, you are agreeing that delivery confirmation provided by the shipping carrier of your selection (with or without the need of a signature) shall be considered sufficient, and will be considered proof of delivery. Therefore, you as the credit card holder, are responsible for this transaction.
Cancellation of Future Deliveries of Motley Brew Products
We like things to be beneficial and convenient for you, so you are always free to modify or cancel your deliveries of Motley Brew e-liquids. To do so, you must call our Customer Service Department between the hours of 8am - 10pm EST, Mon - Fri to arrange your desired amounts. You will be responsible for the payment of any products that have already been shipped or delivered to you at that present time of your call.
Terms of Service
The Terms of Service (AKA “TOS”) details the legal binding between yourself (“you”) and Motley Brew (“us” or “we”) as well as, if it applies, anyone on behalf of yourself or for whom you may be using this site (in the collective terms, “you”). This TOS governs the usage of this website (www.MotleyBrew.com) and all of the services (“Services”) offered on this site. It is in your best interest, and to your absolute benefit that you read through this TOS carefully.
BY USING OR ACCESSING ANY PART OF THIS WEBSITE, YOU ARE AGREEING AND ACKNOWLEDGING THAT YOU HAVE READ, COMPREHEND, UNDERSTAND, AND ARE FULLY AWARE THAT YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE, OR TOS. IF, FOR SOME REASON YOU ARE NOT IN FULL AGREEMENT WITH THIS TOS, OR TO BEING BOUND BY IT, DO NOT ACCESS, VIEW, USE, OR LURK UPON THIS WEBSITE.
PLEASE BE AWARE THAT THE INTERNET, RELATED TECHNOLOGY, AND ALL APPLICABLE LAWS, RULES, REGULATIONS, AND GOVERNING ARE SUBJECT TO CHANGES AT ANY TIME, AT ANY FREQUENCY. IN THAT ACCORDANCE, WE RESERVE THE RIGHT TO ALTER, EDIT, ADD TO, AND CHANGE THIS TERMS OF SERVICE, OR TOS, AT ANY TIME WE SEE FIT. YOUR CONTINUED USAGE AND PRESENCE ON THIS WEBSITE ASSERTS AGREEMENT AND CONSTITUTES ASSENT TO ANY AND ALL NEW AND/ OR MODIFIED PROVISIONS OF THIS TOS THAT MAY BE PUBLISHED ON THIS WEBSITE, AT ANY GIVEN TIME.
1. Terms of Using the Web Site.
a. Eligibility. With the specified exceptions stated below, services from this site are to be used exclusively by, and Membership is strictly limited to, only those individuals who are able to form legitimate, legally-binding contracts under all applicable laws. And without limitation, all minors are strictly prohibited from becoming Motley Brew members, and using our fee-based Services. Motley Brew Membership is defined by engaging in, and completing a purchase agreement/ transaction with Motley Brew, where you, as a consumer, purchase an item from this Web Site.
b. Compliance. You must comply with all Terms and Conditions of this TOS, all of the policies referenced below, and every necessary, applicable law, regulation, and rule when using this Web Site.
c. License and Restriction. You are officially, hereby granted a limited, non-exclusive right to use any of the content and materials on this Website, in the normal course of usage on this site, Subject to the Terms and Conditions, or TOS. You are strictly not free to use any third-party intellectual property without the expressly written permission of the applicable third party, except in situations where it is permitted by the law. This Website shall retain all ownership of its intellectual property rights, and you may not obtain any such rights therein by virtue of this Terms of Service, or TOS, or by any means otherwise, except those by which are explicitly set forth by this TOS. You hold no right to copy, perform, use, display, manipulate, or create derivative works from, transmit information, distribute, have distributed, or sublicense any content from the materials available on this Web Site, except as expressly accounted for in this TOS. You may not attempt to alter or reverse engineer any of the technology used to provide these Terms of Services.
d. Prohibited Conduct. When using this Website and Services, you are strictly prohibited from (infringing upon any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; (ii) defaming, abusing, stalking, or harassing any individual, or disrupt or interfere with the security of usage of these Services, this Website, or any of the websites affiliated or linked to this Website; (iii) imposing any type of interference or damage to this Website or Services which include, though are not limited to the usage of viruses, Trojan horses, cancelbots, flood pings, harmful code, packet, or IP spoofing, denial of malicious attacks, forged routing or electronic mail address information, or any type of similar methods of technology being manipulated and/ or used in a malignant way; (iv) attempting to use another person's user account information, impersonating another person or entity, misrepresentation of your affiliation with another entity or person, and without limitation this includes the Website or the creation of a false identity; (v) any type of attempt to obtain unauthorized access to any part of this Website or portions of the Website that are restricted from access by the general public; (vi) any sort of engagement, whether intentional or not, in a direct or indirect manner, of the distribution or transmission of “spam,” junk mail, chain letters, or any type of unsolicited solicitation or material; (vii) collection, whether in a manual method or an electronic or automatic process, of information regarding any other user(s) without their express consent, or any other type of information related to this Website or Services; (viii) using any variety of meta tags, or other types of “hidden text” that may utilize the Motley Brew name, any trademarks, or names of products; (ix) any sort of action that involves advertising, the offer to sell, the actual selling of any goods or services, except as it may be expressly permitted by the Website; (x) engaging in type of activity that may cause interference with any third party's ability to use or enjoy this Website or Services; or (xi) assisting any third party that may be attempting to engage in any of these activities that are prohibited by this Terms of Services (TOS).
e. Other Users. If under any circumstances, you become aware anyone exhibiting conduct that is in violation of this Terms of Services, we encourage you to contact our Customer Service Department immediately, and bring this to our attention. We do reserve the right, though hold no certain obligation to respond to communications of this nature.
2. Your Content.
(a) License. It is your free will that ultimately leads you to this Website, and it is in this same nature of free will that will lead you to leave behind content. It is your personal choice and decision to post, store, or transmit any content and/ or information on this Website, and you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, sub licensable, right, and inherent license to use, display, perform, copy, create derivative work from with the intent of doing so, as well as transmit, distribute/ have distributed, and sublicense this content in any form we so deem appropriate, in any media form currently used or herein after it has been created, anywhere in the world we choose. You hereby waive, irrevocably, any claims that may be made based on rights of a moral nature, or similar theories, if they should exist.
(b) Objectionable Content. It is advised that you pay attention, and remain conscious of the content you submit to this Website. We cannot urge or encourage you enough to use common sense. Though it would be of great convenience and pleasure, we are unable to control the disposition of content that is user-generated, on our Website. Because by being on this site, you are agreeing to the Terms that you are an adult, you are solely, and legally responsible for your actions, as well as the content you create, and your interactions with others on this site. Therefore, Motley Brew will not be liable for any incurring damage or harm that happens as a result of the content created on your accord, or any damage or harm that comes as a result of your interactions with others on this Website. We reserve the right, though we are not obligated in any way, to monitor the actions of users, and this includes yourself as well as others, including interactions, on this Website. We reserve the right to restrict access, restrict the availability, or pursue any action we deem appropriate and/ or necessary to control materials that we, or those using our Website deem to be lewd, lascivious, excessively violent, obscene, filthy, no good, harassing, or in any way we deem objectionable, without limitation, as it violates this Terms of Services.
3. Accuracy of Information.
All of the content on our Website is created by mere, imperfect humans. While we aim for perfection, and double check for accuracy, we wish to make it known that there is a margin for the possibility of error. We go to all lengths to ensure all information we provide is accurate, thorough, up to date, and complete, however there lies the possibility that this information may contain the occasional irregularity or error which may include typographical errors, pricing errors, labeling errors, or any other such errors or inaccuracies. Therefore we assume no responsibility for any such errors or omissions, and furthermore, we reserve the right to: (i) revoke any offer that has stated on the Website; (ii) correct any of these inaccuracies, errors, and/ or omissions; and (iii) make any necessary revisions to edits, price changes, content changes, changes in promotions, descriptions of products or their specifications, or any other type of related information on the Website that we deem necessary or see fit.
4. Sales Tax.
The majority of purchases are subject to sales tax; please be aware of it, and you should expect to see it calculated into your order total. By purchasing products from the Motley Brew Website, you are acknowledging your awareness of sales tax being charged, and that you are responsible for paying all applicable sales tax charges on your order.
We do not take matters concerning fraud lightly, so consider yourselves warned if you are contemplating it. We reserve the right, and are in no way obligated to actively report and/ or prosecute all actual and suspected credit card fraud. Should there be a need, it lies within our discretion to require all customers to provide additional forms of authorization, which may include telephone confirmation of the order, as well as other methods. We also reserve the right to delay, cancel, refuse shipment of, or recall from the shipper any order we suspect may be fraudulent. In the ordering process, we capture certain types of information, including but not limited to time, date, IP address, as well as other information that may be used to locate and/ or identify individuals who may be committing fraud. In the case where an order placed on our Website is suspected of fraud, we reserve the right, without undertaking obligation, to present all related information, including records, with or without subpoena, to any and all law enforcement agencies, and credit card companies to benefit the investigation of the fraud. We also reserve the right to cooperate with any and all authorities to prosecute any convicted offenders to the fullest extent of the law.
6. Intellectual Property Rights.
a. Copyright. Our Copyrighted material cannot be used without permission. Any and all designs, logos, graphics, text, content, other files, and the selection and arrangement thereof are either owned exclusively by us (Copyrighted) or are the exclusive property of our suppliers, licensors, or other affiliated companies.
b. Trademarks. Motley Brew is a trade name, and all of its related design marks, as well as other trademarks on the Website are strictly owned by us. Custom graphics, icons, button icons, page headers, scripts, labels, and anything graphically designed with our name, image, logo, or related material are trademarks, or trade dress owned exclusively by us. You may not use any of these aforementioned trademarks, trade dress, or trade names without our express written consent and permission.
7.Third Party Websites.
The Motley Brew Website, www.MotleyBrew.com may contain links to other affiliated websites on the Internet, fully owned and operated by third parties. While we are affiliated with these sites, we have no control of the information on these sites, in addition to the services offered or the products they endorse or carry. The links to these sites are not meant to suggest or imply the endorsement of Motley Brew to these sites, nor association to the owners/ operators of these sites. It should be known, that because we have no control over these sites and resources, you are agreeing that we cannot be held responsible or liable in any way for the availability, or the operations of these websites. We are not responsible for any material that may be located on, or available through these websites in regards to the protection of your data by third parties. Once you exit our site, we have no ability to guarantee the safety and protection of your data as we have no governance over external sites. Your participation and dealings in any way, in the promotions advertised by third parties on the Website, and this extends to payment and delivery of these goods and/ or services, as well as any other terms, conditions, warranties, or other representations, are strictly between yourself and the applicable third party/ advertiser. You agree to the Terms that we shall not be responsible, or liable in any way, directly or indirectly, for any loss or damages that are caused as a result of the usage or reliance on any such materials available through third party site dealings and/ or promotions.
8. Linking and Framing
Deep links to the Motley Brew Website, frame, inline link, and any similar display of our property, which includes without limitation, the Website, are strictly prohibited. Unless you have obtained our expressly written permission to do so, using any of our logos or trademarks as part of a link is prohibited.
If you take the time to leave comments, leave feedback, provide suggestions, ideas, participate in discussion, or submit anything or offer any information to us in your connection and usage of the Website, it becomes our property. These disclosures, submissions, offerings of suggestions or any additional types of comments constitutes the assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and any other form of intellectual property, and all other rights, in any form, to the comments. You waive any sort of claim that may be based on moral right, unfair competition, breach of implied contract, breach of confidentiality, as well as any other type of legal theory (obscure or concrete). At our cost, you will execute any documents that may affect, record, or perfect this assignment. As a result, we will own all rights exclusively, as well as all titles, and interest exclusively, and we shall not be limited in any manner in whichever way we so choose to use these Comments, whether it may be in a commercial manner or otherwise. If you hold any opposition to assigning such rights to us over the usage of Comments, please heed, and do not submit any Comments on the Website.
We are not, and will not be under any obligation to: (i) maintain any Comments in confidence; (ii) to pay you, or any other third party or outside individual any type of compensation for Comments made on our Website; (iii) to individually address or respond to any of these Comments. You are, and shall remain entirely, solely, and absolutely responsible for any and all Comments you make and submit on our Website.
You agree to defend, indemnify, and hold the Website and its subsidiaries, in addition to affiliates and their directors, agents, members, shareholders, officers, co-branders, employees, ad partners, as well as any other partners harmless from any liabilities, actions, losses, demands, damages, or claims, and this includes attorneys' fees, costs, and expenses, made by a third party, either directly or indirectly, which may come as a relation or as a result from (a) content you have provided to the Website, or have transmitted, or may have obtained through the Service; (b) your usage of the Service; (c ) any connection you may have to this Service; (d) your violation of this Agreement; (e) your violation of another's rights, or; (f) your failure to hold up your obligations to this Agreement. If you are in a position to perform upon your obligations, to provide indemnification in accordance with this provision, we reserve the ability to, in our absolute and sole discretion, control the disposition of any Claim that may arise, at your cost and expense. With no limitation of the following, are not permitted to compromise, dispose of, or settle in any way, or additional manner, any Claim without our expressly written consent.
11. Disclaimers, Limitations, & Exclusions
(a) DISCLAIMER OF WARRANTIES. MOTLEY BREW STRICTLY SUPPLIES THIS WEBSITE, ALL PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE STRICTLY DO NOT WARRANT OR REPRESENT THAT ANY ITEMS, PRODUCTS, THE WEBSITE, THE SERVICES, IT'S PARTICULAR USAGE, OR ANY OF THE INFORMATION THAT MAY BE CONTAINED ON IT: (I) WILL PERMANENTLY BE UNINTERRUPTED OR 100% SECURE AT ALL TIMES, (II) WILL BE ABSOLUTELY, ENTIRELY PERFECT, FREE OF ERRORS, DEFECTS, OR ANY INACCURACIES, (III) WILL MEET YOUR PERSONAL STANDARDS, EXPECTATIONS, OR REQUIREMENTS PRECISELY OR EXPLICITLY, (IV) WILL OPERATE WITH UTTER PERFECTION, IN PERFECT UNISON WITH THE CONFIGURATIONS, HARDWARE, OR SOFTWARE YOU ARE USING. WE MAKE NO WARRANTIES OTHER THAN THOSE THAT HAVE BEEN DISCLOSED AND EXPRESSED IN THIS TERMS OF SERVICE, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, PARTICULARLY THOSE WHICH INCLUDE, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. WE ARE INFORMING YOU THAT THIS WEBSITE HAS THE POTENTIAL TO CONTAIN FORWARD-LOOKING STATEMENTS THAT CAN REFLECT OUR CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AS WELL AS ANY FUTURE BUSINESS DEVELOPMENTS. IT SHALL BE KNOWN THAT FORWARD-LOOKING STATEMENTS CAN INVOLVE A CERTAIN LEVEL OF RISK AND UNCERTAINTY. ACTUAL DEVELOPMENTS OR RESULTS HAVE THE POSSIBILITY OF DIFFERING MATERIALLY FROM THOSE WHICH WERE PREVIOUSLY PROJECTED, AND A NUMBER OF VARIABLE FACTORS OUTSIDE OF OUR CONTROL CAN PLAY INTO THESE FINAL OUTCOMES.
(c) HEALTH-RELATED INFORMATION. ON THIS WEBSITE, ALL MATERIAL WE HAVE PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY. NO PART OF ANY OF THIS CONTENT IS INTENDED TO SUBSTITUTE THE EXPERT ADVICE OF MEDICAL AND HEALTHCARE PROFESSIONALS. NONE OF THIS INFORMATION PROVIDED ON, OR AVAILABLE THROUGH THIS WEBSITE IS MEANT TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION. IT IS THE RESPONSIBILITY OF YOU, THE USER, TO READ ALL PARTS OF THIS TERMS OF SERVICE, ALL PRODUCT INFORMATION, AND ALL INSTRUCTIONS PRIOR TO USAGE.
(d) PRODUCTS. ALL MOTLEY BREW PRODUCTS ARE SOLD SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTORS, IF ANY, PROVIDED WITHIN THE PACKAGING OF THE PRODUCT. TO THE FULLEST EXTENT OF THE LAW WHICH MAY BE PERMISSIBLE, WE ARE HEREBY DISCLAIMING ANY AND ALL WARRANTIES OF ANY SORT, WHETHER THEY MAY BE EXPRESSED OR IMPLIED, INCLUDING WITHOUT THE LIMITATION OF, ANY TYPE OF IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR THE FITNESS FOR A SPECIFIC PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT COME AS A RESULT OF NORMAL USAGE, MISUSE, ABUSE, MODIFICATION NOT SPECIFIED BY MOTLEY BREW, IMPROPER SELECTION OF PRODUCT, FAILURE TO COMPLY WITH ANY CODES, OR ANY TYPE OF MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. MOTLEY BREW WILL NOT BE HELD LIABLE TO YOU ANY OTHER THIRD PARTY FOR DAMAGES THAT MAY BE CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR SPECIAL IN ANY WAY (INCLUDING WITHOUT LIMITATION, DAMAGES WHICH MAY BE RELATED TO PROFIT LOSS, DATA LOSS, OR GOODWILL) ARISING FROM, RELATING TO, OR IN ANY CONNECTION WITH THE USAGE OF THIS WEBSITE OR PRODUCTS, REGARDLESS OF THE NATURE OF OR ACTION IN WHICH THEY ARE BASED, INCLUDING CIRCUMSTANCES WHERE THE USER IS ADVISED OF THE POTENTIAL OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT SHALL WE AGGREGATE LIABILITY THAT MAY ARISE FROM, RELATE TO, OR MAY HAVE ANY CONNECTION WITH THIS TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, CLAIMS THAT MAY RELATE TO THIS WEBSITE, OR PRODUCTS) EXCEEDING A SUM GREATER THAN $100, OR THE AMOUNT YOU PAID FOR MOTLEY BREW PRODUCTS.
12. Force Majeure.
Should the event arise, in which a force majeure occurs, and the Website is deemed unable to provide the Products, you are acknowledging and accepting that you understand that Motley Brew will not be breaching any part of its obligation to You under these Terms of Service. A force majeure event is defined as one that occurs and extends beyond the control of this Website. FOR THE RECORD: THE WEBSITE SHALL HOLD NO LIABILITY TO YOU, WHETHER IT IS IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER FORM OF LIABILITY FOR FAILURE TO PERFORM ANY OBLIGATIONS IN ACCORDANCE WITH THIS HERE AGREEMENT TO THE EXTENT THAT ANY SUCH FAILURE IS DETERMINED TO BE A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Usage; Exportation Restriction.
This Website, and all parts of it are controlled from offices located in the United States of America. We make no representation whatsoever that any part of this Website, or any of its content (which includes, without limitation, any services or products available through or contained on this Website) are appropriate or openly available for usage in any other locations, outside of the United States. For users who are accessing the Website outside of the United States of America, it should be known that this action is done on their own personal accord, and they maintain all responsibility for complying with their the local laws, as applicable. Furthermore, the export control laws of the United States of America prohibit the exportation of certain types of technical data and software to some territories. None of the content of this Website may be downloaded, as it is violation of laws of the United States.
In the event disputes arise as a result of, or in relation to this Terms of Service (including formation, performance, and type of alleged breach) your use of this Website will be resolved exclusively under confidential binding arbitration held in Henderson, Nevada, before and entirely in accordance with the Rules of the American Arbitration Association. The award of the arbitrator shall be binding, and there lies the possibility that it may be entered as a judgement in any court capable of jurisdiction. To the fullest extent permissible by law, under this Terms of Service, no arbitration may be joined to another arbitration which may involve another party subject to this Terms of Service, whether through class arbitration proceedings, or otherwise. Notwithstanding the foregoing, we hold the right to seek injunctive, or any other equitable relief in state or federal court, which is located in Henderson, Nevada, to enforce this Terms of Service, or to prevent the infringement of a third party's rights. In the event we choose to seek equitable relief, each party hereby, irrevocably submits to the personal jurisdiction of such court.
15. Waiver of Class Action Rights.
BY MAKING THE DECISION TO ENTER INTO THIS TERMS OF SERVICE, YOU ARE HEREBY IRREVOCABLY WAIVING ANY RIGHTS YOU MAY HAVE TO JOIN CLAIMS WITH OTHER IN THE FORM OF A CLASS ACTION, OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH ARISE AS A RESULT OF THIS TERMS OF SERVICE, OR HAVE A CONNECTION TO THIS TERMS OF SERVICE, MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that regardless of any law or statute of a contrary nature, any claim made or cause of action you have arising from, in relation to, or in connection with your usage of this Website, must be filed within a one-calendar-year period after such a claim, or cause of action arose, or it shall be barred forever.
17. Modification of Terms of Service.
We reserve the right to alter, modify, or change these Terms of Service at any time, at our own personal discretion, and you acknowledge that your continued usage of this Website is conditioned upon the Terms of Service enforced at the time you have used the Website. You retain the freedom to observe the most current version of this Terms of service at this page and we suggest you check back periodically, or as often as needed.
We have the right to terminate anyone's access to the Motley Brew Website if we have reason to believe you have breached the terms and conditions detailed in this Terms of Service. Following your termination, please be advised, you will be prohibited from using this Website, and we may, at our own discretion, cancel any outstanding Product Orders in your name. If your access to this website gets terminated, we reserve the right to exercise any means we deem necessary to aid in the prevention of unauthorized access to the Website, and this includes, without limitation, technological barriers, IP mapping, and additionally, we may directly contact your Internet Service Provider. This Terms of Service serves indefinitely unless we opt to terminate it, regardless of whether or not any account you have opened is terminated by Motley Brew or yourself, or if you possess the right to use and access the Website.
This Terms of Service contains the full written understanding between Motley Brew and Yourself regarding all use of this Website, and it supersedes all prior and contemporaneous agreements, as well as any understandings between Motley Brew and Yourself, relating thereto.
20. Additional Terms.
This Terms of Service shall bind each party hereto, as well as its successors and permitted assigns, and it shall be governed by, and construed in complete accordance with the laws of the State of Massachusetts, without regard for conflict of law principles. This Terms of Service, as well as your rights and obligations under them, may not be assignable or transferable, in any way, without prior written consent from motley Brew. Failure or delay by any party in exercising rights, powers, or privileges under this Terms of Service may not serve as a waiver thereof, nor may any single or partial exercise of any power, right, or privilege under this Terms of Service. You are deemed an independent contractor, and this determines that there is no partnership, no agency, no joint venture, nor any employee-employer relationship intended or established as a result of this Terms of Service. All provisions of this Terms of Service, whether deemed invalid or unenforceable, or not, will not affect the validity or enforceability of any provisions contained within this Terms of Service, and all of which will remain in full force, and full effect.