Terms of Service
Welcome to the Bunk+Brew Terms of Service (“Terms”). Please read these Terms carefully because they govern your use of our Services.
1. Services
Our Services include our website and any other product or service available in or through our website.
2. Eligibility
You may use our Services if you are at least 13 years of age, have legal capacity to agree to these Terms on your own behalf, and have not been banned from our Services or prohibited by law.
3. Links
By accessing, downloading, or using our Services, you agree to be bound by these Terms. These Terms also include the terms of any third party who provides any product or service connected to our Services. If you do not agree to these Terms, you may not use our Services.
4. Conduct
You are responsible for your use of our Services.
You may NOT use our Services to do anything that: (i) is unlawful; (ii) encourages unlawfulness; (iii) may cause another user to experience ridicule or discomfort; (iv) may be defamatory, libelous, obscene, threatening, harassing, insulting, hateful, racially or ethnically offensive, homophobic, pornographic, or excessively violent; or (v) may lead to civil liability for damage to our reputation or the reputation of any third party or violate any third party property, publicity, privacy, exploitation, moral, or other rights including disclosure of user personal information such as names, addresses, e-mail addresses, and phone numbers.
You may NOT use our Services for any commercial purposes.
You may NOT do anything to interfere with or impair our Services including making excessive or groundless requests or reports.
You may NOT transmit viruses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may damage our Services or disrupt use for other users.
You may NOT allow any unauthorized third party to access, download, or use our Services on your behalf including any automated or "robot" technology.
The conduct outlined above is not exhaustive.
For any reason at any time without notice and in our sole discretion, we may disable, suspend, or terminate your use, and in no case will you be entitled to any compensation.
5. Your Content
Your content includes but is not limited to personal information such as your name, email address, payment information, and social media information, text, graphics, images, music, software, audio, video, other works of authorship of any kind, and any other content you submit to our Services. You are responsible for any content you submit to our Services.
You grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publish, publicly display, publicly perform, or reproduce your content for any purpose consistent with these Terms.
You represent and warrant that: (i) you own, or have all necessary rights to submit, any content you submit to our Services; and (ii) your submission of any content to our Services does not violate any third party property, publicity, privacy, moral, or other rights.
We do not claim any ownership rights in any content you submit to our Services and nothing in these Terms will be deemed to restrict any rights you may have to that content.
6. Payments
By providing us a payment method, you authorize us to access, use, and share limited personal information with authorized third parties for purposes of charging your payment method for any amount your request plus any transaction fees or other fees. We are not responsible for any unauthorized payments completed under your account.
7. Security
We commit to use commercially reasonable security measures to safeguard your content. However, we cannot guarantee your content will not be compromised by an unauthorized third party.
8. Privacy
Your privacy is important to us. Please read our Privacy Policy carefully because it governs how we may collect and use your content. Our Privacy Policy is incorporated in these Terms and is available at https://www.bunkandbrew.com/privacy.
9. Our Content
Our content includes but is not limited to text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, and other works of authorship of any kind. You are responsible for your use of our content and your use of any content made available on our Services by a third party. We are not responsible for any content made available on our Services by a third party including links to or advertisements for any third party product or service.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license only to access and view our content solely in connection with your authorized use of our Services.
10. Intellectual Property
You acknowledge that our Services and content are protected by copyright, trademark, and other intellectual property rights in the United States and internationally.
You may NOT copy, modify, publish, publicly display, publicly perform, reproduce, decompile, reverse-engineer, disassemble, create derivative works of, participate in the sale, lease, or distribution of, or exploit our Services or content in any way for any purpose.
You may NOT remove, alter, or obscure any copyright, trademark, or other intellectual property right we incorporate into our Services or content.
You will be liable for any violation of our copyright, trademark, and other intellectual property rights, and any violation will subject you to criminal and-or civil penalties.
11. Disclaimers
Our Services and content are provided “AS IS,” without warranty of any kind, written or oral, express or implied. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
12. Liability
NEITHER WE NOR ANY OTHER PARTY involved in creating, producing, or delivering our Services or content will be liable for any incidental, special, exemplary, or consequential damages, INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with these Terms or from the use or inability to use our Services or content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
In no event will our total liability arising out of or in connection with these Terms or from the use or inability to use our Services or content EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID US FOR USE OF OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
13. Indemnity
You agree to defend, indemnify, and hold harmless us and our owners, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including attorney fees), to the extent allowed by law, that arise from or are caused by: (i) your use or inability to use our Services or content; (ii) your violation of these Terms; (iii) your violation of any third party right including without limitation any property, publicity, privacy, moral, or other rights; or (iv) any claim that your content caused damage to any third party.
14. Rights
Our rights under these Terms are in addition to any other rights provided by law. If we fail to enforce any right under these Terms, it will not be deemed a waiver of that right or of any other right under these Terms.
15. Governing Law
This Agreement will be governed under the laws of the State of Oregon excluding its choice of law provision(s).
16. Dispute Resolution
You agree to the following dispute resolution policy. If either of us has a dispute with the other, that party will first attempt to negotiate a resolution with the other party in good faith. If either of us remains unsatisfied, either party may initiate, and the other party will agree to, non-binding arbitration according to the procedures of the American Arbitration Association ("AAA"). If either of us remains unsatisfied, either party may initiate, and the other party will agree to, binding arbitration in the jurisdiction of the State of Oregon, in which case, each party will be responsible to pay their own arbitration costs and other expenses and the parties will agree to be bound by the final arbitration decision. You agree to keep all negotiation discussions, proceedings, and decisions confidential and will not disclose to any third party.
17. Class Action
Any dispute you have with us will be conducted solely on an individual basis. Class actions of any kind will not be permitted and are hereby waived by you unless otherwise permitted by us.
18. Survival
The following sections within these Terms will survive without limitation: Disclaimers, Liability, Indemnity, Rights, and Dispute Resolution.
19. Integration
These Terms constitute the entire and exclusive agreement between us and supersede all prior agreements.
20. Modification
We may modify these Terms at any time in our sole discretion. If you do not agree to the modified Terms, you may not use our Services.
21. Severability
If any term in these Terms is rendered unenforceable, all other provisions will remain enforceable.
22. Feedback
We welcome feedback for improving our Services. You may submit feedback by e-mailing us at https://www.bunkandbrew.com/contact. For any feedback you submit, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, irrevocable, and perpetual license to any and all rights necessary for us to use your feedback for any purpose.