1. ACCEPTANCE OF TERMS
Welcome to Port Chester Beer Distributors! By using Http://www.portchesterbeer.com/you are subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. If you do not agree to the terms, you are not authorized to use this site.
2. USE OF HTTP://WWW.PORTCHESTERBEER.COM/
By using http://www.portchesterbeer.com/you represent and warrant that you are at least 21 years of age. Any misrepresentation of your age will result in appropriate action being taken including where applicable remedies afforded to us by law.
3. ELECTRONIC COMMUNICATION
When you visit our Site, purchase products or services through the Site, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the PORTCHESTERBEER.COM. By using the PORTCHESTERBEER.COM, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement. This means that you agree that all communication would have the same weight as if it were provided to you in paper copy.
5. ACCOUNT MAINTENANCE
You agree that if you are using this site to make a purchase that you are responsible for the following:
A) You warrant that you are of legal age (e.g. at least twenty-one years of age on the date you open your account);
B) You have provided us with your legal name, address and additional information that may be requested;
C) You agree to maintain all information that is stored in your account so that it accurately reflects your current address, email address and telephone number.
D) You agree that we are not responsible for any loss or damage arising out of your failure to comply with our account requirements;
E) You agree to be responsible for any activities that take place on your account using your password and log in information.
6. TERMINATION OF ACCOUNT
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
7. PRODUCT DESCRIPTION
Port Chester Beer Distributors attempts to be as accurate as possible with our product descriptions. However, Port Chester Beer Distributors does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON OUR SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
You agree to indemnify and hold Port Chester Beer Distributors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. MODIFICATIONS TO SERVICE
Port Chester Beer Distributors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Port Chester Beer Distributors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Port Chester Beer Distributors respects the intellectual property rights of others and we ask our users to do the same. Except as expressly authorized by Port Chester Beer Distributors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Http://www.portchesterbeer.com/, in whole or in part.
The Port Chester Beer Distributors site and all its contents are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our web site is the exclusive property of Port Chester Beer Distributors and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the Port Chester Beer Distributors site as expressly authorized. Nothing contained herein transfers any express or implied right, title or interest in this web site to you.
Port Chester Beer Distributors may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on our website. You agree that your continued use of the site means that you have reviewed on any changes and have accepted those changes.
The terms and conditions contained herein and the agreement created thereby shall be governed by and interpreted according to the laws of the state of New York without applying conflict of law principles. You expressly agree through your use of the site to be subject to jurisdiction and venue in the state of New York and to have any matters related to this site resolved in the federal or state courts of New York. If any provision of this agreement, terms or conditions is unlawful, void or unenforceable, it does not at any time affect the validity and enforceability of any remaining provision.
Please report any violations of the TOS to our address below:
Portchester Beer Distributors
315 Main Street
Portchester, NY 10573
13. NO WARRANTIES
Port Chester Beer Distributors does not warrant that the Port Chester Beer Distributors website will operate error-free or that the Port Chester Beer Distributors website and its server are free of computer viruses and other harmful components. If you using the Port Chester Beer Distributors site results in the need for services or replacing equipment or data, Port Chester Beer Distributors is not responsible for those costs.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE PORT CHESTER BEER DISTRIBUTORS SITE, WHICH IS PROVIDED "AS IS". TO THE GREATEST EXTENT PERMITTED BY LAW, PORT CHESTER BEER DISTRIBUTORS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT PORT CHESTER BEER DISTRIBUTORS IS NOT AND/OR CANNOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, RELATED TO THE PORT CHESTER BEER DISTRIBUTORS SITE OR ARISING OUT OF THIS AGREEMENT, EVEN IF PORT CHESTER BEER DISTRIBUTORS HAS BEEN ADVISED OF A POSSIBILITY OF SUCH DAMAGES.
FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO PORT CHESTER BEER DISTRIBUTORS SHALL BE DEEMED TO INCLUDE PORT CHESTER BEER DISTRIBUTORSEMPLOYEES, OWNERS, DIRECTORS, OFFICERS, LICENSEES, REPRESENTATIVES AND SUBCONTRACTORS, SUPPLIERS AND DISTRIBUTORS.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF THE FORGOING WARRANTIES, LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER CLAIMS AND DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, PORT CHESTER BEER DISTRIBUTORSLIABILITY IS LIMITED TO THE GREATEST EXTENT SUCH LIMITATION IS PERMITTED TO LAW.
14. ONLNE SALES & PRICING
Online pricing subject to sales and promotion available via exclusively via our online store.
These terms of service are in effect as of 12/08/2010