TERMS OF USE OF WWW.JESTERKINGBREWERY.COM -- PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

1. DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” or “Jester King” refer to Jester King Craft Brewery LLC, a Texas corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Jester King Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Jester King or its users, such as data providers who license data to Jester King for use on the Site.

2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.jesterkingbrewery.com (collectively, the “Site”) or any service connected with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Jester King from time to time in its sole discretion. Jester King will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. PRIVACY POLICY. Jester King respects your privacy and permits you to control the treatment of your personal information. A complete statement of Jester King’s current privacy policy can be found below, immediately following these Terms and Conditions. Jester King’s privacy policy is expressly incorporated into this Agreement by this reference.

4. When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Jester King immediately on any unauthorized use of your account, user name, or password. Jester King shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Jester King, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

5. USER CONTENT. You grant Jester King a license to use the materials you post to the Site and/or any of its social media platforms including but not limited to Facebook, Instagram, Twitter, Google Business. Any and all User Content posted to the Site may first be reviewed and approved by Jester King, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Jester King , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Jester King, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Jester King may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

7. INTELLECTUAL PROPERTY OWNERSHIP. All Jester King Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Jester King and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Jester King and protected by U.S. and international copyright laws. All software used on this site is the property of Jester King or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jester King or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Jester King name or trademarks without the express written consent of Jester King. You may not use any direct linking or source-calling of any media presented on this website.

8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Jester King has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Jester King’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Jester King to delete, edit, or disable the material in question, you must provide Jester King with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jester King to locate the material; (d) information reasonably sufficient to permit Jester King to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Jester King at office@jesterkingbrewery.com.

9. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Jester King reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Jester King intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. PROHIBITED USES. Jester King imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Jester King in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

11. ALLEGED VIOLATIONS. Jester King reserves the right to terminate your use of the Site or affiliated sites, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site and/or Jester King affiliated social media platforms for any reason. To ensure that Jester King provides a high quality experience for you and for other Users of the Site, you agree that Jester King or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. Jester King does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Jester King reserves the right to terminate your account or your access to the Site and Jester King affiliated social media platforms and associated accounts immediately, with or without notice to you, and without liability to you, if Jester King believes that you have violated any of the Terms of Use, furnished Jester King with false or misleading information, or interfered with use of the Site by other Users. Jester King assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Jester King chooses, in its sole discretion, to monitor the Site, Jester King assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct. If you become aware of misuse of the Site or Services or of any prohibited Content or conduct, please report it to Jester King at office@jesterkingbrewery.com.

12. NO WARRANTIES. JESTER KING HEREBY DISCLAIMS ALL WARRANTIES. JESTER KING IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JESTER KING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. JESTER KING DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. JESTER KING’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JESTER KING BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY JESTER KING. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Jester King has no control over, and no liability for any third party websites or materials. Jester King works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Jester King nor the Site has control over the content and performance of these partner and affiliate sites, Jester King makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Jester King assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Jester King makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. INDEMNITY. You agree to indemnify Jester King for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Jester King , its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Jester King will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state courts in Hays County, Texas or the United States District Court for the Western District of Texas, Austin Division.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained in these Terms of Use or on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Jester King or by any third party.

19. MODIFICATIONS. Jester King may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Jester King shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Jester King also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

21. COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Jester King. All rights reserved.

22. LIMITATIONS ON EXCLUSIONS FROM LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO ANY SUCH EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. By way of example, and not an exhaustive list of jurisdictions, any such exclusions of liability contained herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, we shall not be liable for any damages resulting from the use of this Site or Services unless such damages are the result of our negligent or reckless acts or omissions or as damages may otherwise be allowed pursuant to New Jersey law.

23. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.