Terms of Service
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site (“www.beeryou.com”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase transaction on our site, indicates that you have read and accepted these terms and conditions.
Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Fraud: By becoming a customer, you confirm that the information provided to us is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by BeerYou in its sole discretion. If the account has been revoked, BeerYou reserves the right to refuse application or readmission to the account.
Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Return Policy. Due to the nature of our online site, and the products listed, we BeerYou have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.
Goods Not As Described 45 Day Return Policy. If a gift credit turns out to be a fraudulent credit and is cancelled by the merchant or if there is any other balance discrepancy, the customer must contact us within 45 days of the purchase. We will then investigate the matter. If BeerYou determines that the balance discrepancy was not a result of the customer use of the credit, it will either replace the credit or refund the purchase. Prior to receiving a refund or a replacement, the customer, must return the purchase to BeerYou via an authorized trackable shipping company. BeerYou will only honor returns that fall into this category for claims made within 45 days of the purchase. Claims made after 45 days of the purchase date will not be refunded even if the balance discrepancy or cancellation occurred within the 45 day period. The claim must be emailed to support@BeerYou.com. Please keep a copy of the time stamp and submission for your records. After 45 days, BeerYou shall not be responsible for any balance discrepancy or credit cancelled by a merchant.
BeerYou is not liable in the event that the issuing merchant of the gift credit declines to accept it upon declaring bankruptcy, or because of changes to its gift credit acceptance policy.
Right To Refuse An Order. BeerYou reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order, BeerYou reserves the right to notify the customer to pay the difference or cancel the order. BeerYou reserves the right to cancel the order at anytime.
Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SAN MATEO COUNTY, CA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by BeerYou, in the State of CALIFORNIA, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Lapsed Accounts: In order to keep BeerYou accounts current, if a customer does not access his or her account for a period of 90 days or more, BeerYou may, in its sole discretion, terminate such customer’s account. BeerYou will endeavor to notify a customer of BeerYou intent to terminate such customer’s account by notice to such customer’s provided email address at least ten days prior to deactivation. If the customer fails to respond to such email notice with 10 days after the day it is sent by BeerYou, such customer’s account will be terminated as noted above. Therefore, BeerYou strongly recommends that all customers keep their accounts and contact data current and in use. While BeerYou desires to prevent active accounts from being terminated prematurely, BeerYou has no obligation to maintain accounts that appear to BeerYou to have been abandoned. Each customer agrees that failure to access his or her account for 90 days or more conclusively indicates that such customer’s account has been abandoned and that the account may therefore be terminated.
Verify Customers’ Address: BeerYou reserves the right to contact a customer via email to verify the accuracy of account information (including the customer’s correct name and address) that is needed to provide the customer with the information he or she requested from BeerYou.
Promotional and Expiration Date: BeerYou does not accept gift credit that is promotional, have any restrictions, or have an expiration date.
Identity and location verification: You authorize BeerYou to request your mobile carrier to use your mobile subscriber details for verifying your identity. Additionally, you authorize BeerYou to perform a background check or access personal information from credit bureaus to aid in fraud prevention. Those details may include name, billing address, email, and phone number. This information may also include location information, if available.
You authorize your mobile carrier, and their authorized data sources, to provide your account/subscriber information to us, including (if available) your name, address, email and device data for these purposes.
By providing BeerYou with your credit card information you authorize BeerYou to submit that information to a secure credit card processor and/or secure credit card gateway provider. Additionally, if you elect to allow BeerYou to store your credit card information for future use, BeerYou may securely store it with a secure credit card processor and/or secure credit card gateway provider.
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, enter information on our site or otherwise interact with our services. The information we collect is used to process orders, detect and prevent fraud, track trends and better understand how users interact with our services.
Information automatically collected when you browse or use our Site includes but is not limited to: device type, browser, operating system, IP address, Device geolocation, device ID, internet service provider, the search engine used, referring sites, social media accounts that may be linked to you, and the websites you have accessed before, during and immediately after visiting or using our services.
We can also ask you to provide additional information including:
Contact information, such as name, email address, mailing billing and shipping addresses, fax or phone number
Payment and financial information, such as credit or other payment card information, and bank account information.
Social Security Number, tax ID or EIN number
Unique identifiers such as user name, account number, or password; and,
Preference information such as product wish lists, order history, or marketing preferences.
Information about your business such as company name, company size, or business type.
Demographic information, such as age, gender, interests and ZIP code;
We may also combine the information you provide with information from third-party sources. For example, we may confirm your address with the postal service or verify your personal information with a credit-reporting agency or other fraud prevention methods or services. We will treat the combined information in accordance with the terms of this Policy.
We use “cookies” that collect non personal information for internal uses as described above. You have the option to delete and decline in your cookie setting, but please note that this may prevent you from using some features of our service.
Protecting your information
Our website, servers and systems are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks. We use encryption and other accepted industry standards to secure the transmission of data. All credit card transactions are processed through a gateway provider and are not stored or processed on our servers.
We will not share Personal Information with third parties without your permission, except for the Permitted Purposes, as defined below. We may, however, use any information we have gathered from or about you, including but not limited to Personal Information, for our own internal business purposes, such as determining ways and methods of improving our services and Products.
“Permitted Purposes” shall mean any of the following:
Complying with applicable laws and law enforcement requests, with regulatory authorities, courts, and governmental agencies to comply with legal orders, legal or regulatory requirements, and government requests;
In order to take action regarding illegal activities or suspected fraud or other abuses of our services.
Investigating any disputed charges.
Fulfilling your product or service request and providing you with a business or technical support function.
Various methods of fraud detection and prevention.
Hosting, developing, and maintaining our service, our database, and enhancing our network information.
Creating and publishing reports on trend and patterns for business-related practices.
Satisfying requirements for promotions and sweepstakes in which you have participated.
The transfer of our assets in the event of sale, merger, acquisition by another company, or the sale of all or a portion of our assets. We may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or portion of our assets.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We do not include or offer third-party products or services on our website. However we may provide links that can take you to other websites that may be useful for you.
We use Google Analytics on our website. Google uses DART cookies to enable it to serve ads to our users based on previous visits to our site and other sites on the Internet as well as provides us with demographics and interests reporting. You can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
Protecting Children’s Online Privacy
We do not specifically market to children under 18. And request that such minors do not share personal information on our site.