Terms of Service for Website
LAST UPDATED: JUNE 6, 2018
EFFECTIVE DATE: August 8, 2018
POSTED TO WEBSITE: October 30, 2018
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PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your own non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without Dogfish’s prior written permission is strictly prohibited.
By entering the website, you confirm that you are at least 21 years of age and, as such, are of sufficient legal age to create binding financial and legal obligations arising from the use of this website. If you purchase any products or use certain services on the website, you must provide certain minimum the required information to us. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may only use this website to browse the content, make inquiries to Dogfish, order Dogfish products and not for any other purposes. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages.
If you submit any unsolicited suggestions or materials, including any ideas, comments, suggestions or the like (collectively, “Information”), such Information will be treated as non-confidential and non-proprietary. By submitting Information to Dogfish, you agree that Dogfish is free to use the Information for any purpose whatsoever, including developing, manufacturing and marketing products and services using Information and/or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information, without limitation and without compensating you. Furthermore, by submitting Information to Dogfish, you agree that you are giving up all intellectual property rights you have in such information, including any moral, publicity and privacy rights.
All trademarks, service marks, trade names and tradedress, whether registered or unregistered, (collectively, the “Marks”) that appear on the Site are proprietary to Dogfish or other respective owners that have granted Dogfish the right and license to use such marks. You may not display or reproduce the Marks other than with Dogfish’s prior written consent, and you may not remove or otherwise modify any trademark notices from the Content.
TERM & TERMINATION
THIRD PARTY LINKS
The Site may contain links to other website that are owned and operated by third parties (the “External Site”). Dogfish provides these links solely for your convenience. These links do not imply that Dogfish sponsors, endorses, is affiliated with or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through the External Site.
Dogfish has no control over the External Site, even if they are owned and operated by third parties that are affiliated with Dogfish. Each third party has its own privacy practices and Dogfish has no responsibility or liability for these practices or the content of any External Site. Therefore, you access the External Site at your own risk.
Nonetheless, Dogfish seeks to protect the integrity of the Site and the links it places on the Site and, therefore, requests your feedback on the External Site, including if a link to an External Site does not work. If you have any concerns regarding an External Site, you may also contact the administrator of that site.
Dogfish makes no representations or warranties about the accuracy, completeness or suitability of the Content or the content of any External Site. Dogfish does not filter advertisements or other content that children may view on or through the Site or the External Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOGFISH, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF DOGFISH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DOGFISH’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS ($10).
Your use of the Site shall be governed in all respects by the laws of the State of Delaware, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Sussex County, Delaware. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise on the Site, you must provide all feedback and notices to Dogfish via email at email@example.com or mail at Dogfish Head Companies, Attn: Legal, 6 Cannery Village Ctr., Milton, DE 19968.
Dogfish may provide notice to you hereunder by posting announcements to the Site.