Terms Of Use

LAST UPDATED: June 6, 2018
EFFECTIVE DATE: August 8, 2018
POSTED TO WEBSITE: October 30, 2018

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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
As a convenience to you and conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”), Dogfish Head Companies, LLC and its affiliated companies (including but not limited to Dogfish Head, LLC, Dogfish Head Craft Brewery, LLC, and Dogfish Head Marketing, LLC) (“Dogfish”) grants you access to its website, which is accessible via www.dogfish.com(the “Site”),where you may learn about Dogfish products and services and purchase Dogfish merchandise products. For the purposes of these Terms of Use, “Content” means, collectively, any content, including any text, software, source code, applications, specifications, images, audio files, fonts, articles and other information or content available on or through the Site.

You are also subject to the Dogfish Privacy Policy, which is available at www.dogfish.com/privacy-policy (the “Privacy Policy”). Please read these Terms of Use and the Privacy Policy carefully. By accessing or using the Site, you agree to these Terms of Use and you consent to the collection and use of your personally identifiable information as described in the Privacy Policy. If you do not agree to these Terms of Use and consent to the collection and use of your personally identifiable information as described in the Privacy Policy, you must exit the Site immediately and discontinue any use of the Content.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Site are for your personal and non-commercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer or sell the Content, other than for your use of the Site as expressly permitted in these Terms of Use; (ii) access or attempt to access any systems or servers on which the Site are hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of the Content; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site.

You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your own non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without Dogfish’s prior written permission is strictly prohibited.

By entering the website, you confirm that you are at least 21 years of age and, as such, are of sufficient legal age to create binding financial and legal obligations arising from the use of this website. If you purchase any products or use certain services on the website, you must provide certain minimum the required information to us. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may only use this website to browse the content, make inquiries to Dogfish, order Dogfish products and not for any other purposes. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages.

If you submit any unsolicited suggestions or materials, including any ideas, comments, suggestions or the like (collectively, “Information”), such Information will be treated as non-confidential and non-proprietary. By submitting Information to Dogfish, you agree that Dogfish is free to use the Information for any purpose whatsoever, including developing, manufacturing and marketing products and services using Information and/or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information, without limitation and without compensating you. Furthermore, by submitting Information to Dogfish, you agree that you are giving up all intellectual property rights you have in such information, including any moral, publicity and privacy rights.

COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of Dogfish and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Dogfish’s prior written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Dogfish grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. The Content owned by Dogfish’s licensors may be subject to additional restrictions.

TRADEMARKS
All trademarks, service marks, trade names and tradedress, whether registered or unregistered, (collectively, the “Marks”) that appear on the Site are proprietary to Dogfish or other respective owners that have granted Dogfish the right and license to use such marks. You may not display or reproduce the Marks other than with Dogfish’s prior written consent, and you may not remove or otherwise modify any trademark notices from the Content.

TERM & TERMINATION

Dogfish may, with or without cause, immediately terminate these Terms of Use and deny you access to the Site. Without limiting the foregoing, Dogfish has the right to immediately terminate your right to access the Site in the event that you breach these Terms of Use or engage in conduct that Dogfish, in its sole discretion, considers unacceptable. If these Terms of Use are terminated, you will no longer be authorized to access the Site. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws and General shall survive any termination of these Terms of Use.

THIRD PARTY LINKS

The Site may contain links to other website that are owned and operated by third parties (the “External Site”). Dogfish provides these links solely for your convenience. These links do not imply that Dogfish sponsors, endorses, is affiliated with or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through the External Site.

Dogfish has no control over the External Site, even if they are owned and operated by third parties that are affiliated with Dogfish. Each third party has its own privacy practices and Dogfish has no responsibility or liability for these practices or the content of any External Site. Therefore, you access the External Site at your own risk.

Nonetheless, Dogfish seeks to protect the integrity of the Site and the links it places on the Site and, therefore, requests your feedback on the External Site, including if a link to an External Site does not work. If you have any concerns regarding an External Site, you may also contact the administrator of that site.

DISCLAIMER

Dogfish makes no representations or warranties about the accuracy, completeness or suitability of the Content or the content of any External Site. Dogfish does not filter advertisements or other content that children may view on or through the Site or the External Site.

THE SITE AND THECONTENT, PRODUCTS ANDSERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, DOGFISHDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DOGFISH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. DOGFISH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIESREGARDING THE USE OF THE CONTENTIN TERMS OF ITSCOMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO DOGFISH THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DOGFISH, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF DOGFISH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DOGFISH’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS ($10).

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dogfish, its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

GOVERNING LAW

Your use of the Site shall be governed in all respects by the laws of the State of Delaware, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Sussex County, Delaware. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.

UPDATES

You agree that Dogfish may update these Terms of Use and the Privacy Policy at any time without prior notice to you. You can determine when these Terms of Use and the Privacy Policy were last updated by referring to the “LAST UPDATED” notation at the top of these Terms of Use and the Privacy Policy.Any updates will become effective when we post the updated version of these Terms of Use or the Privacy Policy on the Site. Your continued use of the Site after we post an updated version of these Terms of Use or the Privacy Policy signifies your acceptance of the updated version. If you have any questions about this process or any updates, please reach out to privacy@dogfish.com

NOTICES

Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise on the Site, you must provide all feedback and notices to Dogfish via email at legal@dogfish.com or mail at Dogfish Head Companies, Attn: Legal, 6 Cannery Village Ctr., Milton, DE 19968.

Dogfish may provide notice to you hereunder by posting announcements to the Site.

GENERAL

Dogfish’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Dogfish may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of that or any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment or agency relationship exists between you and Dogfish as a result of these Terms of Use, the Privacy Policy or your use of the Site. Dogfish’s performance of these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use or the Privacy Policy is in derogation of Dogfish’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dogfish with respect to such use. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Dogfish with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dogfish with respect to the Site.