Terms & Conditions
Last updated: December 30th, 2018
BPI may revise these Terms at any time by posting the revised Terms on our website, so you should check our website regularly for updates. Your continued usage of the BPI Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the BPI Services are protected by law, including, but not limited to, United States and Canadian copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the BPI Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH BPI ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 11). PLEASE READ IT CAREFULLY.
You must be at least the age of majority in the jurisdiction where you are accessing the BPI Services to visit or use the BPI Services in any manner. By visiting or using any of the BPI Services, you represent and warrant to BPI that you are the age of majority in the jurisdiction where you are accessing the BPI Services or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to BPI that you will use the BPI Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE BPI SERVICES
2.1 Use Restrictions
The content on the BPI Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from BPI’s licensors, and any other materials displayed through the BPI Services (collectively, the “Contents”) is protected by copyright under United States, Canadian and foreign laws. Title to the Contents remains with BPI or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of BPI or its licensors.
BPI authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, BEERGUYS PROMOTIONS INC. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the BPI Services may be included elsewhere within the BPI Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to BPI and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, BPI grants you a non-exclusive limited, non-transferable license to use the BPI Services. You may not distribute or make the BPI Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the BPI Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the BPI Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by BPI that replace and/or supplement the original BPI Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without BPI’s written permission, “mirror” any Contents contained in the BPI Services on any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the BPI Services in any way that: (a) harasses, abuses, stalks, threatens, or defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the BPI Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to disable or circumvent any security mechanisms used by the BPI Services or Contents or otherwise attempt to gain unauthorized access to any portion of the BPI Services or Contents or any other systems or networks connected to the BPI Services, or to any server of BeerGuys Craft Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to BPI’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) uses the BPI Services or Contents for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
BPI reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the BPI Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), BPI does not claim ownership of any information or material a user provides to BPI or posts, uploads, input, submits, or transmits to the BPI Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libellous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of local, state, provincial, territorial, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or engage in “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the BPI Services, or which, in the judgment of BPI, exposes BPI or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by BPI. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—BPI a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, BPI is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. BPI is not responsible for the consequences of any Submission. BPI is not responsible for screening or monitoring Submissions made to this BPI Services by users. If notified by a user of a Submission allegedly in violation of these Terms, BPI may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. BPI will have no liability or responsibility to users for performance or nonperformance of such activities.
BPI reserves the right (but is not obligated) to: (a) record the dialogue on the BPI Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the BPI Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the BPI Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
BPI policy is to not accept, review, or consider unsolicited ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names). Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to BPI. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of BPI’s products, services or marketing strategies might seem similar to ideas submitted to BPI.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the BPI Services or otherwise shall be the property of BPI, and may be treated by BPI as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to BPI will automatically become the property of BPI, without any compensation to you; (b) BPI may use or redistribute any Ideas and their contents for any purpose and in any way, without any compensation to you; (c) BPI has no obligation to review any Ideas; and (d) BPI has no obligation to keep any Ideas confidential, and no confidential relationship may be established by or inferred from any such Ideas to, or the consideration of your Ideas by, BPI.
2.4 Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. BPI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
3. TERMS OF SALE
3.1 Sale of Products and Memberships
BeerGuys Craft Club sells craft beer memberships and other apparel (the “Product(s)”) to end-user customers who purchase monthly memberships (“Members”) to receive the Products (“Memberships”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Memberships and all rights and privileges conferred are personal and non-transferable.
3.2 Product Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the BPI Services. The price that we will charge you for the Products and Memberships will be the price as posted on the BPI Services on the date you first sign-up for a Membership. We reserve the right to change prices for Products and Memberships at any time upon thirty days written notice, and we do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Trials and Promotions
Your Membership may start with a promotional trial period, allowing you to receive your membership at a reduced price or to otherwise receive and trial product(s) at a reduced price (“Trial”). During the Trial period, your Payment Method will be charged for only the Trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. BPI reserves the right, in its sole discretion, to determine your Trial eligibility.
BPI will begin billing your credit, debit, or other BPI-accepted payment method (“Payment Method”) the applicable monthly Membership fees -- based on the membership type you selected -- at the end of the Trial, unless you cancel your Membership prior to the end of the Trial period. To view the specific details of your Membership, including monthly Membership price and end date of your Trial, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the first month. We will continue to bill your Payment Method on a monthly or annual basis (depending on your selection) for your Membership fee until you cancel.
BPI reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability. Any and all offers or promotions advertised on the BPI Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for your most recent month of service. Refund requests must be made directly to us at firstname.lastname@example.org. We are not liable for Products that are damaged or lost in transit to BeerGuys Craft Club. Promptly following BeerGuys Craft Club’s receipt of your request (typically within five (5) business days), BeerGuys Craft Club will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, BPI does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for any apparel or merchandise unless it is deemed defective by BPI. When ordering apparel please ensure you follow the size guide. Apparel cannot be exchanged for a different size. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.5 Participating Vendor Locations & Promotions
Customers must pay all applicable sales tax. Prices are set by each individual vendor location and availability is subject to change without notice. Offers may not be combined with any other sale, promotion, discount, code, coupon and/or offer, as determined by each participating vendor location and outlined on the Deals page. Promotions have no cash value. Offer cannot be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted by law. Offers may be changed, withdrawn or extended at any time without notice as per the discretion of each partner location.
3.6 Monthly Charitable Donation
Each month 10% of membership dues are donated to a local charity partner.
4. MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Monthly Membership Fees; Automatic Renewal
BPI will automatically renew your Membership on each monthly anniversary date of the Membership as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process. We will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
4.2 Pausing and Resuming Membership
BPI does not offer its members the ability to temporarily pause their Membership.
4.3 Membership Cancellation
You may cancel your Membership at any time via the Cancellation Form. Cancellation requests received by BPI may take up to five (5) business days to process.
If you cancel your Membership, you will enjoy your Membership benefits until the end of the current month, after which your membership card will expire.
4.4 BPI Referral Program
BPI offers a referral program (“Referral Program”) that provides its Members the opportunity to offer their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Referral Link”) that a Prospective Member can use to sign up for a Membership. For each Qualified Referral generated through the Member’s Personal Link, the Member may receive a credit. BPI reserves the right to terminate this Program at any time for any reason, or disqualify any Member or Prospective Member at any time from participation in the Program. Members and Prospective Members who wish to take part in the Referral Program are bound by these Terms, in addition to the Referral Program terms and conditions.
5. LIABILITY OF BPI AND ITS LICENSORS AND PARTNERS
The use of the BPI Services and the Contents are at your own risk. The Contents could include technical inaccuracies or typographical errors. BPI may make changes or improvements at any time.
THE CONTENTS AND THE BPI SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BPI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES IN CONNECTION WITH THE BPI SERVICES AND THE PRODUCTS, INCLUDING THOSE OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BPI DOES NOT WARRANT THAT THE BPI SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BPI SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DSC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DSC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The BPI Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). BPI does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. BPI is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the BPI Services. You agree that BPI shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the BPI Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the BPI Services does not indicate BPI’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the BPI Services, or based on such third party’s participation or presence on the BPI Services, are solely between you and the third party. BPI makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the BPI Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold BPI, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "BeerGuys Craft Club Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the BPI Services or Contents, or your violation of these Terms. BPI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
8. MODIFICATION OR SUSPENSION OF THE DSC SERVICES
You agree that BPI may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the BPI Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
BPI makes no claims that the Contents are appropriate or may be downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the BPI Services from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of BPI and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
10. CHOICE OF LAW
These Terms are governed in accordance with the laws of the province of Alberta, Canada, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with BPI and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 11 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and BPI or BPI’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or BPI may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND DSC ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and BPI must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) BPI will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, BPI will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
12. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the BPI Services infringes your copyright, you should notify BPI of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that BPI receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to BPI’s copyright agent at firstname.lastname@example.org (subject line: “DMCA Takedown Request”).
In an effort to protect the rights of copyright owners, BPI maintains a policy for the termination, in appropriate circumstances, of users of the BPI Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of BPI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
14. COMPLETE AGREEMENT