Introduction. This website is provided by Canal Street Brewing Co., L.L.C. d/b/a Founders Brewing Company and/or its related, affiliated or subsidiary companies (collectively “Founders”). Founders® and other trademarks, service marks, trade dress and logos displayed on this site are the registered and common law trademarks of Founders and its affiliates. By accessing this website, you accept these Terms of Use and agree that your use of this website is subject to applicable law.
Use of Site. 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 use of the 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 Founders, order Founders 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.
Proprietary Rights. You acknowledge that the website contains information, software, logos, photographs, video, graphics, audio or other material (the “Content”) that are protected by valid and protected copyrights, trademarks, trade secrets, patents, or other proprietary rights. You also acknowledge that the Content is solely Founders’ property. You agree to comply with all copyright, trademark and other applicable laws. You may not modify, transmit, sell or transfer any of the Content. You may not reprint, republish, resell, or redistribute the Content, but you may print copies of the Content only if these copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall be liable for any damage resulting from any infringement of copyrights or other proprietary rights. You acknowledge that you have no license or any other proprietary rights to the Content, the trademarks, or any other intellectual property of Founders. Any communication or material you transmit to the website or to Founders, whether by electronic mail or otherwise, for any reason, will be treated as non-confidential and non-proprietary. Founders may use anything that you transmit or post to the website or to Founders in any manner without credit or compensation.
Links to Third Party Websites. Founders may provide links to websites controlled by third parties. Founders provides these links as a convenience, and the inclusion of any link does not imply Founders’ endorsement of those websites or any association or affiliation with those websites or their owners. Founders is not responsible for and does not endorse the content or services on or use of those websites. Founders makes no representations and assumes no responsibility of any kind related to those websites or your use of or reliance on the content or services of those websites, including without limitation any errors or omissions or any offensive or otherwise objectionable content contained on those websites. You acknowledge and agree that your use of any website accessed from this website is at your own risk.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE WEBSITE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOUNDERS DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE WEBSITE IS ERROR FREE OR FREE OF VIRUSES. FOUNDERS DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. FOUNDERS DOES NOT MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR CONTENT OF THE WEBSITE. FOUNDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR OTHER CONTENT PROVIDED BY FOUNDERS SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION OR CONTENT. FOUNDERS SHALL NOT BE RESPONSIBLE FOR ANY LOST OR CORRUPT DATA OR OTHER INFORMATION. IN NO EVENT SHALL FOUNDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS FOUNDERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
Indemnification. You agree to defend, indemnify, and hold harmless Founders, its officers, directors, employees, agents, contributors, advertisers, sponsors, investors, and licensors, from any claims, damages and expenses (including, without limitation, attorney’s fees), related to your use of the website or Content, including any breach of the Terms of Use. Founders shall have the right, at its own expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on Founders without Founders’ prior written consent.
Termination. Founders may terminate your access to the website, or any part of it, at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
Modification of Terms of Use and Website Policies. Founders may modify these Terms of Use or any of its posted website policies, which are hereby incorporated by reference, at any time, and any such modifications shall be effective immediately upon posting. Continued use of the website after any such changes shall constitute consent to such changes.
Construction. In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of Founders, and the remainder of the Terms of Use shall remain in full force and effect.
No Assignment/Implied Waiver/Modification. You may not assign these Terms of Use without Founders’ prior written consent. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against any user and any user’s respective successors and assigns. Founders’ failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Founders’ right to subsequently enforce such provision or any other provision of these Terms of Use. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.
Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, except with regard to its conflicts of law rules. Any action relating to the website or these Terms of Use must be brought in the federal or state courts located in Grand Rapids, Michigan, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the website or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises, or be barred.
Entire Agreement. These Terms of Use constitute the entire agreement of the parties for the website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Founders as a result of this agreement or your use of the website.
