TERMS OF USE

Welcome to drekkershop.com and thank you for visiting. This website (the “Site”) is owned and operated by Drekker Brewing Company LLC (“Company” or “we”). The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use”) and our Privacy Policy, which form a binding and enforceable agreement between you and us (the “Agreement”). These Terms of Use are intended to protect our rights so that we can provide you (“You” or “User”), access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use.

We may update this Agreement from time to time without notice. Any changes in our Terms of Use will be incorporated into a revised Agreement that we will post on the Site. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of our Site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE RECONSIDER YOUR USE OF OUR SITE.

PRODUCT DISCLAIMER

The statements made regarding the products on our Site have not been evaluated by the Food and Drug Administration (the “FDA”). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.

AGE VERIFICATION

To visit, participate in any activities on and/or place an order on the Site you must be at least 21 years of age.

Use of the Site

The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, or design elements obtained from the Site, including code and software (“Material”).

You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.

More specifically, under these Terms of Use, you agree to refrain from, among other things, use of the Site or the Content in a manner that:

is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; 
 infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights; 
 violates export and re-export control laws and regulations; 
 advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party; 
 distributes advertising or promotional content; 
 compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party; 
 provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 
 decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site; 
 accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; 
 interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or 
 reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission.
 You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.

You agree to act responsibly on the Site and to treat other users with respect. Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written request to info@drekkerbrewing.com. Decisions to grant or deny permission are within the Company’s sole discretion.

Intellectual Property

Trademarks. DREKKER, ECTOGASM, BROKEN RUDDER, FREAK PARADE, CHONK and all other trademarks, service marks, and trade names used in connection with the Services or the Site are trademarks owned by Drekker Brewing Company LLC and/or its licensors in the U.S. and other countries, whether or not federal registration has been pursued (“The Drekker Brewing Trademarks”). The Drekker Brewing Trademarks and any related trade dress may not be used without permission and may not be used in connection with any product or service that is not a Drekker Brewing Company-endorsed product or service. All other trademarks not owned or licensed by Drekker Brewing Company that appear on the Site are the property of their respective owners.

Copyrights. Certain Content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works, is protected by U.S. Copyright Law and you agree that you will not reprint, republish, or distribute any portion of the Content without expressed written permission to do so.

Digital Millennium Copyright Act: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

Drekker Brewing Company respects the intellectual property rights of others. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent, with the following information:

An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
 Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); 
 Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
 Your address, telephone number, and email address; 
 A statement that the you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and

A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. 
 It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent as follows:

Our designated Agent for DMCA Notices (the “DMCA Agent”) is info@drekkerbrewing.com.

Filing a DMCA Counter-Notification

If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:

A physical or electronic signature; 
 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
 A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and 
 Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

Repeat Infringer Policy

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

THIRD PARTY PRODUCTS, LINKS, AND ACTIONS

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. Our Site may also contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated with, or, is associated with, or otherwise recommends, certifies or endorses the third party link or site or any related products.

Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of such any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.

In general, Drekker Brewing Company does not object to links to the Site from third-party websites. You may link to the Site, however do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the Drekker Brewing Trademarks taglines, slogans, trade names or any other words or codes identifying Drekker, our products or Drekker Brewing Company or the Site in any “metatag.”

Advice, Opinions and Third Party Content Disclaimer

The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.

The Site and its content are provided solely for informational purposes and do not constitute endorsements or guarantees by the Site of any featured venue or the products or services available from such venues. The Site accepts no liability in connection with the inclusion or omission of any venue from the Site, and will not be responsible for changes in factual information that may appear on the Site.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICE OR SUPPORT. IN NO EVENT WILL THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITE, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

VIOLATIONS AND INDEMNIFICATION

Your access to, and use of, the Site are subject to these Terms of Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party due to or arising out of (a) any content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms of Use.

Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Choice of Law and Dispute resolution This Agreement shall be construed and interpreted in accordance with the laws of the State of North Dakota, without giving effect to the choice-of-law rules of that State. Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by North Dakota law consistent with the North Dakota Revised Uniform Arbitration Act.

You agree to attempt in good faith to settle any controversy that may arise between us. In the event we are unable to settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in Fargo, North Dakota in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law.
YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. You consent to personal and subject matter jurisdiction in the State of North Dakota and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.

CHANGES TO THE SITE AND THE SERVICES

We will continuously work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these Terms of Use give you any right, title, or protectable legal interest in the Site or its Content.

PRIVACY

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. You understand that through your use of the Site and its Services, you consent to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and you cannot opt out of all of them.

GENERAL

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site. Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason the arbitrator finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. You may not assign your rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

All rights not expressly granted in these Terms are reserved by the Site.