Last updated August 26, 2016

TERMS OF USE

Welcome to our website. If you continue to browse and use this or any website operated by The Rare Barrel, you are expressly agreeing to comply with and be bound by the following terms and conditions of use and our privacy policy, (collectively the “Agreement”), which govern The Rare Barrel's relationship with you in the context of this website.  This is a legally binding agreement so please be sure you understand this information.  If you do not agree with any of the terms, then please do not use this website.  By using this website, you expressly warrant that you are at least twenty-one (21) years of age.  If you are under twenty-one (21) years of age, then you may not use or access this website.

The term "The Rare Barrel" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only, and is provided “as available” and “as is.” The content and our Terms of Use and Privacy Policy are subject to change without notice, and you will be bound by the changes made.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance (including that the content is free of viruses or harmful elements), completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.  We cannot guarantee the uninterrupted use of our website, or the proper functioning of our website on your computer or electronic device.

You agree to indemnify and hold harmless, The Rare Barrel, its officers, directors, distributors, agents, employees, affiliates, legal and other advisors, from and against any and all liabilities, losses, claims and damages, including costs, reasonable attorney fees and expenses, and lawsuits arising in connection with your use of this site for any purpose, including, but not limited to, illegal purposes or misuse of this website.  In no event will we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of your use of this website even if we were notified beforehand.

Please note some of the above disclaimers and warranties may not apply to you, based on your jurisdiction’s applicable law.

GOVERNING LAW; DISPUTES TO BE SETTLED EXCLUSIVELY THROUGH BINDING ARBITRATION    

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS.  ANY CONTROVERSY OR CLAIM RELATING TO THIS WEBSITE, ITS CONTENTS AND YOUR DEALINGS WITH THE RARE BARREL NOT OTHERWISE RESOLVED BY YOU AND THE RARE BARREL SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND SHALL BE SETTLED SOLELY AND EXCLUSIVELY THROUGH BINDING ARBITRATION TO BE CONDUCTED IN ALAMEDA COUNTY, CA.  ACCORDINGLY, EACH PARTY SUBMITS TO PERSONAL JURISDICTION IN ALAMEDA COUNTY, CA.  EACH PARTY TO THIS AGREEMENT HEREBY SPECIFICALLY AND IRREVOCABLY WAIVES AND RELINQUISHES ITS RESPECTIVE RIGHTS TO BRING A CLAIM AGAINST THE OTHER IN A COURT OF LAW, INCLUDING THE RIGHT TO TRIAL BY JURY; AND AGREES THAT THE DECISION MADE BY THE ARBITRATOR SHALL BE FINAL AND LEGALLY BINDING, AND THAT JUDGMENT MAY BE ENTERED THEREON.  EACH PARTY SHALL BE RESPONSIBLE FOR ITS SHARE OF THE ARBITRATION FEES; HOWEVER, IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR'S AWARD OR FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THEN THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEYS' FEES FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.   

ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT ("FAA"), IN CONFORMITY WITH THE PROCEDURES OF THE CALIFORNIA ARBITRATION ACT (CAL. CODE CIV. PROC. SEC 1280 ET SEQ., INCLUDING SECTION 1283.05 AND ALL OF THE ACT'S OTHER MANDATORY AND PERMISSIVE RIGHTS TO DISCOVERY).  FURTHERMORE, ALL RULES OF PLEADING (INCLUDING THE RIGHT OF DEMURRER), ALL RULES OF EVIDENCE, ALL RIGHTS TO RESOLUTION OF THE DISPUTE BY MEANS OF MOTIONS FOR SUMMARY JUDGMENT, JUDGMENT ON THE PLEADINGS AND JUDGMENT UNDER CODE OF CIVIL PROCEDURE SECTION 631.8 SHALL APPLY AND BE OBSERVED.  ALL COMMUNICATIONS DURING OR IN CONNECTION WITH THE ARBITRATION PROCEEDINGS ARE PRIVILEGED IN ACCORDANCE WITH CAL. CIVIL CODE SECTION 47(B).  NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO ALLOW OR PERMIT CLASS ACTION SUITS OR JOINDER OR CONSOLIDATION OF CLAIMS.  NO ARBITRATOR SHALL HAVE THE AUTHORITY UNDER THIS AGREEMENT TO ORDER ANY SUCH CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.  BY USING THIS WEBSITE, YOU ARE EXPLICITLY AGREEING TO WAIVE ANY RIGHTS YOU MAY HAVE TO BRING AN ACTION ON A CLASS, COLLECTIVE OR OTHER SIMILAR BASIS.  UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, THE ARBITRATOR SHALL BE A RETIRED CALIFORNIA SUPERIOR COURT JUDGE, OR AN OTHERWISE QUALIFIED INDIVIDUAL TO WHOM THE PARTIES REASONABLY AND MUTUALLY AGREE. 

You can terminate this Agreement at any time by ceasing to use the website, however, you still agree that this Agreement applies to all use prior to termination.  We may in our sole discretion, terminate this Agreement and deny you further access to this website for any reason. 

Please note headings are for convenience and shall not affect the meaning of the provisions of this Agreement; and if for some reason any part of this Agreement shall be unenforceable, then the remainder of this Agreement shall continue in full force and effect.

Intellectual Property / Rights and Restrictions on Use of this Website

The Rare Barrel either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, etc. found on this website, or has permission to use aforementioned intellectual property.  Except as indicated in this Agreement, you may not use these for any reason whatsoever without our express written permission.  You acknowledge that using another’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property may be against the law and may violate our, or a third party owner’s rights.  You also understand that unauthorized use of such content may lead to personal, and possibly criminal, liability.  Therefore, by accessing and using this website, you agree to the rights and restrictions of use as set forth herein. 

We grant you a personal, limited, non-exclusive, revocable license to access and use this website and content therein for your non-commercial, individual use only.  If you download anything from this website for your personal use, including the design, layout, look, appearance and graphics, you agree to keep the appropriate copyright, trademark or other notices attached.  You may create a link to this website without our prior consent, however, you may do so only provided you agree to cease such a link immediately upon request by us. 

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other third party websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).  We recommend you review any third party’s policies before using their websites. 

Digital Millennium Copyright Act

If you believe that any of the content infringes on your intellectual property, then please contact us and provide us with the following:

 

1.       A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon;
2.       Identification in sufficient detail of the material being infringed upon, including the URL;
3.       Pertinent contact information of the owner of the intellectual property being claimed;
4.       A statement that the owner has a good faith belief that the material is infringing on its intellectual property; and
5.       A statement made under penalty of perjury that the information provided is accurate and the owner (or authorized person as indicated) is authorized to make the complaint.

Once we receive your claim as noted above, we will review it within fourteen (14) days and make a determination.

 

Legal Requirements

The Rare Barrel will only ship beer to persons 21 years of age or older inside the state of California. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Beer purchased from The Rare Barrel is not for resale, and is for personal consumption only, unless your business has an account with us and is authorized to resell the beer.  

Terms of Sale

All beer and merchandise sales are final.  Title changes upon the earlier of payment, customer pick up or shipment to customer on a common carrier. All sales occur in Berkeley, Ca, and the local Berkeley sales tax will be applied. Beer or merchandise purchased and left at the brewery until later pick up or shipment is owned by you and you assume the risk of loss once the sale has occurred. If you are in Ambassadors of Sour and do not pick up, or arrange for shipment of, your beer or merchandise by March 31 of the year after your membership expires, then you forfeit ownership of said beer or merchandise, shall not be entitled to a refund and shall have no further recourse against us for any losses.

Credit Card Charges

Credit cards are charged upon order placement. Orders are by credit card only. We accept Visa, MasterCard, Discover, and American Express.

Minimum Purchase

No minimum purchase is required. 

Shipping Costs 

GSO is The Rare Barrel's carrier of choice for beer shipped inside California. The Rare Barrel may use other carriers to ship other merchandise.  Shipping costs are based on the cost of shipping and the materials used to pack the shipment.  Customer is responsible for all shipping costs and any applicable surcharges.  

Delivery Terms

Unless otherwise noted in this Agreement, title and risk of loss pass to Customer upon delivery of the Products to the carrier. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries. 

Privacy Policy

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information.

What Information Do We Collect?

We collect personally identifiable information, like names, postal addresses, email addresses, passwords, credit card information, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request , including but not limited to, adding you to one of our mailing lists, enrolling you in our Ambassadors of Sour beer club or taking an order from you for any of our products.  This policy applies whether you submit the information via telephone, fax or the internet.

How Is My Information Used?

Your information is only used to fill your order or for our mailings or other programs you voluntarily sign up for. If you request that we ship your order to you, we will give the shipping company your email address, physical address and phone number so that they can contact you in case they need assistance delivering your package or rescheduling a delivery.  Otherwise, we do not sell or redistribute your information to anyone.

Except as provided herein, we will not intentionally disclose your information without your consent, unless: (i) required by law; (ii) if we believe it is necessary to provide you with a service which you have requested, or to respond to your inquiry; or (iii) when we believe in good faith that disclosure is necessary to protect your safety or the safety of others, or protect our rights. 

Security and Storage

Your order data, including billing, shipping, and order contents data is stored on our server. This information is encrypted using a Secure Sockets Layer before it is transmitted over a web server. Your credit card data is stored with the payment processor if you choose to add a credit card to your user account. We also keep your other information, including name, email address and other personally identifiable information you provide to us in order to include you on mailing lists, etc.  This information is also kept secure.

Cookies and Browser Information

Cookies are small files that reside on your computer and allow us to recognize you on your next visit or store your shopping cart contents. We use them only to track this information.

Consent

By using this website, and any related pages linked to this website including our Ambassadors of Sour beer club, you consent to the collection and use of information as described herein by The Rare Barrel. The Rare Barrel may modify its privacy policies at any time without prior notice, however, any such material changes will be disclosed in this privacy statement so please check back every time you visit our site in case something has changed.

Contact Us

If you have any questions or comments for us regarding our policies, or want to request that we remove you from our mailing list or opt out of any program, club or list, then please contact us with your specific request at the address listed below or by using the email address listed below.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us in the preceding calendar year.  To make such a request, please write to us at the following address, or email us at the following email address:  

The Rare Barrel

940 Parker Street

Berkeley, CA 94710

info@therarebarrel.com

 

 

TM and © 2015 The Rare Barrel, LLC.  All Rights Reserved. 

 

 

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