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This User Agreement
("Agreement") is between
You and Foam on the Range Homebrew Club (FOTR), with a
web address of http://www.foamontherange.org. Your rights and
obligations under this Agreement and in using this Site are not
assignable. Your use and access of the foamontherange.org website constitutes
your acceptance, without modification, of the terms, conditions and
notices contained herein. In addition, when using particular FOTR services, you shall be subject to any posted guidelines, rules,
and policies applicable to such services that may be posted from time to
time. All such guidelines, rules, and policies are hereby incorporated by
reference into this Agreement.
By using the foamontherange.org
website, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU
ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If
you do not agree to the terms and conditions of this Agreement, you may
not access, view, obtain goods or services from, or otherwise use the
foamontherange.org website.
1. You acknowledge that upon
becoming a member of foamontherange.org, you are automatically subscribed to receive
notifications including but not limited to monthly eNewsletters, event invitations, etc. If you would not like to receive these notifications,
you can remove yourself from these lists at any time by contacting
the webmaster.
2. You acknowledge that you are over the age of 21, or are legally able
to view content relating to alcoholic beverages and the consumption of these
products.
3. You agree to the terms
and conditions of the Foam on the Range privacy policy, hereby incorporated by reference, which details the ways in
which we and other parties might use personal information that belongs to
you. In accordance with this policy, we may use information and materials
received from you or collected through your use of our Site, and may
disclose such information to third parties.
4. You are responsible
for regularly reviewing this User Agreement. Foam on the Range
reserves the right, at its sole discretion, to change, modify, add, remove
or terminate any portion of this Agreement, in whole or in part, at any
time, without prior notice.
5. You acknowledge that the content you post is accurate; that use of the content you supply
does not violate this Agreement and will not cause injury to any person or
entity; and that you will indemnify Foam on the Range or its
affiliates for all claims resulting from content you supply.
6. You shall not upload,
email, post or transmit to, or distribute or otherwise publish through the
foamontherange.org website any material which: (i) disrupts the normal flow of
dialogue and/or exchange on the Site, including posting or otherwise
transmitting material that is not related to the subject at issue or
otherwise restricts or inhibits any other user from using and enjoying the
foamontherange.org website; (ii) is unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing,
pornographic, profane, sexually explicit, or indecent; (iii) constitutes
or encourages conduct that would constitute a criminal offense,
potentially give rise to civil liability (including claims of defamation
and/or libel), or otherwise violate the local, state, or national laws of
any country; (iv) violates, plagiarizes, or infringes the rights of third
parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity, trade secrets, or any other proprietary
right; (v) contains a virus, worm, Trojan horse, or other harmful
component; (vi) contains any information, software, or other material of a
commercial nature; (vii) contains solicitations or advertisements of any
kind; (viii) constitutes or contains false or misleading indication of
origin or statement of fact; or (ix) contains chain letters or pyramid
schemes.
7. We reserve the right
to release information to the proper authorities, as a result of a
violation of our standards or unlawful acts, if the information is
subpoenaed and/or if we deem it necessary and/or appropriate. Foam on the Range has the right, but not the obligation, to refuse
service, terminate accounts, or remove or edit content, in its sole
discretion.
9. By posting content,
creating or modifying pages, uploading files, inputting
data, transmitting e-mail, or engaging in any other form of communication
(individually or collectively "Communications") to or through the
foamontherange.org website, you hereby grant to Foam on the Range a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise
exploit such Communications throughout the world, in all media now known
or hereafter developed. You hereby waive all rights to any claim against
Foam on the Range for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
10. You will be
responsible for your own Communications and the consequences of posting or
otherwise transmitting those Communications. Foam on the Range does
not represent or guarantee the truthfulness, accuracy, or reliability of
any material posted or otherwise transmitted by foamontherange.org website
users or endorse any opinions expressed by such users. Foam on the Range
does not screen, monitor or approve Communications from our website users
in advance. If we receive notification about a user regarding
Communications which allegedly do not conform to this Agreement, Foam on the Range has the right, but not the obligation, to investigate the
allegations and determine in good faith and at its sole discretion whether
to remove or request the removal of the Communication. We have no
liability or responsibility to users for performance or nonperformance of
such activities. Foam on the Range reserves the right to expel
users and prevent their further access to the foamontherange.org website for
violating this Agreement or violating the law. We have the right, but not
the obligation, to remove Communications that are abusive, illegal,
disrespectful, disruptive, or otherwise problematic.
11. Foam on the Range may immediately, without prior notice, issue a warning, temporarily
suspend, indefinitely suspend, or terminate your use of and access to the
Site, at our sole discretion, for any reason, whether with or without
cause or warning, and without liability. Your sole remedy against Foam on the Range in the event of a dispute arising out of this Agreement,
the Site or your use thereof, is to terminate this Agreement by ceasing
your use of the Site. In the event of termination of this Agreement,
Foam on the Range may delete and/or store, in its discretion, data
associated with your use of the Site. Foam on the Range may also
change, suspend, or discontinue any aspect of the foamontherange.org website at
any time, including the availability of any website feature, database, or
content.
12. Foam on the Range makes no warranty, express or implied, with respect to the content,
information, or services provided through, or in conjunction with, the
foamontherange.org website. We make no guarantee of the accuracy, correctness
or completeness of any information on the Site, and shall not be
responsible for: (i) any errors of omission arising from the use of such
information; (ii) any failures, delays or interruptions in the delivery of
any content or service contained within the foamontherange.org website; and
(iii) any defamatory, libelous or unlawful material contained within the
Site, including user-posted content, emails, opinions,
advice, statements, memorandums or discussion board postings, or materials
related to a users' use of the Site's chat features. You acknowledge that
any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk.
13. YOU AGREE THAT YOUR
USE OF THE FOAMONTHERANGE.ORG WEBSITE IS AT YOUR OWN RISK. THE
SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS,
AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE
FOAMONTHERANGE.ORG WEBSITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
IN NO EVENT SHALL FOAM ON THE RANGE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE FOAMONTHERANGE.ORG WEBSITE OR WITH THE
DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO
THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FOAMONTHERANGE.ORG WEBSITE OR
ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED
THROUGH THE FOAMONTHERANGE.ORG WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF
SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF FOAM ON THE RANGE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
AND EVEN IF SUCH DAMAGES RESULT FROM FOAM ON THE RANGE'S NEGLIGENCE
OR GROSS NEGLIGENCE. FURTHER, FOAM ON THE RANGE DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
FOAMONTHERANGE.ORG WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE FOAMONTHERANGE.ORG WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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. IN SUCH STATES, FOAM ON THE RANGE'S LIABILITY SHALL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS
APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY
REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS
ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER
RESTRICTIONS SHALL APPLY.
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