Faubourg Brewing Co. | Terms of Use

Are you 21 years of age or older?

Thank you for visiting Faubourgbrewery.com, which is owned and provided by Faubourg Brewing Company, LLC (or its affiliates). Your use and access of this website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use this website or any services offered by this website. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.

Intellectual Property Ownership—Unless otherwise noted, all text, content and documents on this website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in this website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on this website (the “Content”) are owned by Faubourg Brewing Company, LLC (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Faubourg Brewing Company, LLC and you, all right, title and interest in and to the Content will at all times remain with Faubourg Brewing Company, LLC and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on this website, are registered and/or common law trade names, trademarks or service marks of Faubourg Brewing Company LLC.

Limited Use; Restrictions on Use—You are permitted to use the Content and/or any services and products on this website for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited. Faubourg Brewing Company, LLC grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Faubourg Brewing Company, LLC’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any trade name, trademark, or brand name of Faubourg Brewing Company, LLC in meta-tags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use this website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Faubourg Brewing Company, LLC, the Owner, or any third party referenced therein. Faubourg Brewing Company, LLC reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on this website shall be construed as conferring any license under Faubourg Brewing Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Faubourg Brewing Company, LLC may revoke any of the foregoing rights and/or your access to this website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third Party Links—From time to time, this website may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Faubourg Brewing Company, LLC provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Faubourg Brewing Company, LLC is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Faubourg Brewing Company, LLC or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Faubourg Brewing Company, LLC (if any) or any consideration you may receive from Faubourg Brewing Company, LLC in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Faubourg Brewing Company, LLC or any of its products on any Social Media Site regardless of any material connection you may have with Faubourg Brewing Company, LLC or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING Faubourg BREWING COMPANY, LLC OR ANY OF Faubourg BREWING COMPANY, LLC’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Faubourg BREWING COMPANY, LLC, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

United States Only—By using this website, you agree and acknowledge that this website is hosted in the United States. If you are attempting to access this website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Faubourg Brewing Company, LLC’s Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Louisiana with respect to any dispute arising from or related to the Privacy Policy and/or your use of this website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Louisiana, and (c) the exclusive jurisdiction of the courts of the United States and the State of Louisiana. Any claim or dispute between you and Faubourg Brewing Company, LLC that arises in whole or in part from your use of this website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in New Orleans, Louisiana, U.S.A.

Disclaimers—Faubourg Brewing Company, LLC reserves the right to change any part of this website at anytime without notice, subject to the “NOTICE” provision set forth below.

Limitation of Liability—Neither Faubourg Brewing Company, LLC, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of this website or arising out of any action taken in response to or as a result of any Content or other information available on this website, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Faubourg Brewing Company, LLC fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The foregoing shall apply even if Faubourg Brewing Company, LLC was advised of the possibility of such damages. If you become dissatisfied in any way with this website Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of this website and its services. You hereby waive any and all claims against Faubourg Brewing Company, LLC and its affiliates, agents, representatives and licensors arising out of your use of this website—except in the event Faubourg Brewing Company, LLC fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Digital Millennium Copyright Act—Faubourg Brewing Company, LLC is committed to respecting and protecting the legal rights of copyright owners. As such, Faubourg Brewing Company, LLC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Faubourg Brewing Company, LLC’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Faubourg Brewing Company, LLC’s Copyright Agent to receive DMCA Takedown Notices is: email: trademarks@Faubourgbeer.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on this website. You acknowledge that in order for Faubourg Brewing Company, LLC to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with this website are expressly prohibited without prior written approval from Faubourg Brewing Company, LLC.

Ability to Accept Terms of Use—You affirm that you are more than 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Faubourg Brewing Company, LLC without restriction.

Notice—From time to time, Faubourg Brewing Company, LLC may revise these Terms of Use. To help you stay current of any changes, Faubourg Brewing Company, LLC takes the following two steps: (1) Faubourg Brewing Company, LLC notes the date the Terms of Use was last updated below and (2) when Faubourg Brewing Company, LLC makes a change to the Terms of Use, Faubourg Brewing Company, LLC posts conspicuous announcements of such changes on this website next to the link to these Terms and Conditions. Your use of this website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. Faubourg Brewing Company, LLC strongly recommends checking Terms of Use periodically. If, and only if, Faubourg Brewing Company, LLC makes revisions to the Terms of Use that result in a material lessening of the restrictions on Faubourg Brewing Company, LLC’s use or disclosure of your Personal Information, Faubourg Brewing Company, LLC will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

Miscellaneous—Faubourg Brewing Company, LLC’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright 2019: Faubourg Brewing Company, LLC, New Orleans, LA 70126

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