Last updated: February 25, 2020
Agreement to Terms. These Terms and Conditions constitute a legally
binding agreement made between you, whether personally or on behalf of an entity
("user" or "you"), and Bogus Brewing Inc.
("we", "us" or "our"),
concerning your access to and use of this website (the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of
these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly
prohibited from using the Site and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and
Conditions at any time and for any reason. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date
such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Additional Terms. Supplemental terms and conditions or documents,
including, but not limited to, the Subscription Agreement and Accredited Investor Questionnaire (the
"Additional Terms"), are hereby expressly incorporated herein by reference. Your
access to and/or use of certain portions of the Site may require you to accept the Additional Terms, which will be
presented to you for your acceptance. To the extent there is any conflict between these Terms and Conditions and any
Additional Terms, the Additional Terms will prevail.
Intellectual Property Rights. Unless otherwise indicated, the Site is
our proprietary property and all source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the site (collectively, the "Content") and the
trademarks, service marks, and logos contained therein (the "Marks") are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, foreign jurisdictions, and international
conventions.
The Content and the Marks are provided on the site "as-is" for your information and personal use
only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior
written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
any portion of the Site to which you have properly gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Representations. By using the Site, you represent and warrant that
(1) you are not a minor in the jurisdiction in which you reside; (2) you have the legal capacity and you agree to
comply with these Terms and Conditions; (3) you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise; (4) all personal information you submit will be true, accurate, and
complete; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will
not violate any applicable law or regulation.
Prohibited Activities. You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to (1) engage in any automated use of the Site or use any data
mining, robots, or similar data gathering or extraction tools; (2) engage in unauthorized framing of or linking to
the Site; (3) attempt to circumvent, disable, or otherwise interfere with any security-related features of the Site
designed to prevent or restrict access to the Site or any portion of the Site; (4) copy or adapt the Site's
software, including but not limited to HTML, CSS, JavaScript, or other code; (5) decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up a part of the Site; (6) use the Site as
part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial
enterprise; (7) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected
to the Site; (8) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you; (9) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; (10)
trick, defraud, or mislead us; (11) attempt to impersonate another user or person; and/or (11) use the Site in a
manner inconsistent with any applicable laws or regulations.
Third-Party Websites and Content. The Site may contain (or you may be
sent via the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, avaialble through, or installed from the Site, including the
content, accuracy, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access
the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be
aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
Electronic Communications, Transactions, and Signatures. Visiting the
Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive
electronic communications, and your agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be
in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to
the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the
site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdictions which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
Site Management. We reserve the right, but not the obligation, to (1)
monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Terms and Conditions, including, without limitation, reporting
such user to law enforcement authorities; (3) restrict access to, limit the availability of, or disable (to the
extent technologically feasible) the Site or any portion thereof; and (4) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Site.
Modifications, Corrections, and Interruptions. We reserve the right to
change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Site, including descriptions, pricing, availability, and various other information. We
reserve the right to the correct any errors, inaccuracies, or omissions and to change or update the information on
the Site at any time without prior notice.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or releases in connection therewith.
Disclaimer. The Site is provided on an as-is and as-available basis.
You agree that your use of the Site will be at your sole risk. To the fullest extent permitted by law, we disclaim
all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no
warranties or representations about the accuracy or completeness of the Site's content or the content of any
websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or
inaccuracies; (2) personal injury or property damage of any nature whatsoever resulting from your access to and use
of the Site; (3) unauthorized access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein; (4) any interruption or cessation of transmission to or from the site; (5) any
bugs, viruses, trojan horses, or the like which may be transmitted from or through the Site by any third party;
and/or (6) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a
result of the use of any content posted, transmitted, or otherwise made available via the Site.
As with the purchase of a product or service through any medium or in any environment, you should use
your best judgment and exercise caution where appropriate.
Limitations of Liability and Indemnification. In no event will we or
our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential,
exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other
damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) use
of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set
forth in these Terms and Conditions; or (4) your violation of the right of a third party, including but not limited
to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusing defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
Term and Termination. These Terms and Conditions shall remain in full
force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site
(including blocking certain IP addresses) to any person for any reason or for no reason, including, without
limitation, for breach of representation, warranty, or covenant contained in these Terms and Conditions or of any
applicable law or regulation.
Governing Law. These Terms and Conditions and your use of the Site are
governed by and construed in accordance with the laws of the state of Idaho applicable to agreements made and to be
entirely performed within the state of Idaho without regard to its conflict of law principles.
