Terms and Conditions

Effective Date: December 15, 2011.

These Terms of Use set forth the standards of use of the website wiseacrebrew.com and all micro-sites, content, services and products available at or through these sites (collectively, the “Site”).  This Site is operated by Wiseacre, LLC, a Tennessee limited liability company (“we” or “us”).  We offer goods for sale, allow vendors that agree to these Terms of Use to offer their goods and/or representations of their goods for sale on the Site, and allow users who agree to these Terms of Use to view, create, and/or purchase goods through the Site.  By browsing our Site or purchasing products through our Site, you agree to these terms and conditions.  We reserve the right at any time to modify, alter, or update these Terms of Use.  Modifications will become effective immediately on being posted on this Site.  Your continued use of the Site after modifications are posted constitutes an acknowledgement and acceptance of these Terms of Use and the modifications.  Except as provided in this paragraph, these Terms of Use may not be modified.  This Site is available only to individuals who are at least 13 years old.

1.         User Requirements; Creation of an Account

This Site is not intended for users under 13 years of age.  If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  If you create an account on this Site, you are responsible for maintaining the security of your account, and you are responsible for all activities that occur under the account and any other actions taken in connection with the account.  You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

2.         Compliance with Laws/Prohibited Uses

You assume all knowledge of applicable law and are responsible for compliance with all such laws.  You may not use this Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.  You shall not post or transmit through this Site any material that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of us or any other person or entity; material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable; material that is an advertisement for goods or services or a solicitation of funds; material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; material that contains a formula, instructions, or advice that could cause harm or injury; or material the licensed use by us would result in us having any obligation or liability to any party.  You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.  You are prohibited from using this Site to facilitate mail abuse or unsolicited email or content of any type (spam), machine- or randomly-generated content, or unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search-engine rankings of third-party sites.  We reserve the right to refuse service to you for violation of this paragraph.

3.         User Warranty and Indemnification

You warrant and represent that all content, including, without limitation, text, logos, artwork (including, without limitation, graphics, drawings, designs, and photographs), musical compositions, sound recordings, and videos submitted, uploaded or added to this Site by or at the behest of you or your agents or representatives (“User Content”), is free of third-party claims and does not infringe the rights of any third party.  By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.  You agree to indemnify and hold us and our employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of this Site, the violation of these Terms of Use, or infringement by you, or other user of this Site using your computer, of any intellectual property or any other right of any person or entity.  You will cooperate as fully as reasonably required in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without our written consent.

4.         Monitoring/Your Responsibility for User Content

We reserve the right but do not assume the obligation to monitor transactions and communications that occur through this Site.  If we determine, in our sole discretion, that you or another user will breach a term or condition of these Terms of Use or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.  We are not responsible or liable for any User Content.  User Content does not express our views.  We do not guarantee that we will edit or delete User Content.  We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior.  Unless otherwise specified, we do not claim ownership of the User Content.  You acknowledge that we are not responsible for the accuracy of any User Content and that you are solely responsible for the User Content.  By posting the User Content, however, you are granting us permission to use the User Content in connection with this Site.

5.         Public Forums and Communication

You acknowledge that the content offered on this Site is for public and not private communications and that you make all disclosures on this Site at your own risk.  You are and shall remain solely responsible for the content you post on this Site and for the consequences of submitting and posting same.  You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on this Site is at your own risk.

6.         Not Professional Advice

The content on this Site is provided for informational and/or entertainment purposes only, and should not be construed as advice.  The content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.

7.         Our Intellectual Property

Unless otherwise noted, all content on this Site is subject to intellectual-property rights including copyrights and trademarks held or licensed by us, including, without limitation, the word and logo marks of Wiseacre, LLC.  Neither these Terms of Use nor your use of this Site transfer from us to you any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us.

8.         Your Intellectual Property

By adding, submitting or uploading content to this Site or any micro-page on this Site, you grant us, and our partners, agents, affiliates and service providers (collectively, “Affiliates”), the irrevocable, perpetual, unrestricted, world-wide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, sublicense, create derivative works of, compile, sell, print, download, upload, digitize, distribute and publish the content as we see fit for any purpose, commercial or otherwise, in any form, media, or technology now known or later developed, including the right to display or use such material for advertising or promotional purposes, and to authorize others to do so.  You agree that we and our Affiliates may identify you as the author of any of your postings by name, hometown, image or screen name as we see appropriate and use such information in connection with your submitted material for advertising or promotional purposes.  You also permit any other user of our Site to access, display, compile, download, and print such content.

9.         Submission of and Responses to Copyright/Intellectual Property Claims

For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see our Copyright/Intellectual Property Policy.

10.      Security of Information

Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to or from this Site, including to or from any third-party websites linked to this Site.  Submission of any financial (e.g. credit card) or other information to this Site or to any third-party websites linked to this Site is entirely at your own risk and responsibility.

11.      Privacy Policy

Registration data, if any, and other information submitted by you is subject to our Privacy Policy.  By using this Site, you consent to the collection and use of this information in accordance with our Privacy Policy.

12.      Denial of Access

We, for any reason and at our sole discretion, may decide that any person shall be denied access to any part of this Site.  By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access this Site on issuance of a denial.

13.      Modifications and Interruption to Service

We will in good faith endeavor to provide uninterrupted service to this Site, but you acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to this Site, and operation of this Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

14.      Third Parties and Third-Party Sites

This Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the Site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for your use of those sites.  If a third party links to this Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us or this Site.  We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.

15.      Disclaimer of Warranties

This Site is provided on an “as is” and “as available” basis.  To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise.  We shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Site.  WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THIS SITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT.  THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS SITE.  WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16.      Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THIS SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages.  In those jurisdictions, our liability is limited to the greatest extent permitted by law.

17.      Governing Jurisdiction of the Courts of Tennessee

The Site is operated and provided in the State of Tennessee.  As such, we are subject to the laws of the State of Tennessee.  Any legal issues arising from or related to your use of this Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee.  The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to this Site.  By using this Site, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes.  We make no representation that this Site is appropriate, legal or available for use in other locations.  Accordingly, if you choose to use this Site, you agree to do so subject to the internal laws of the State of Tennessee.

18.      Other Terms

If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between you and us in relation to this Site.  Our failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Our Privacy Policy and Copyright/Intellectual Property Policy and Sales and Refund Policy are a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between you and us with respect to your use of this Site.  Any cause of action you may have with respect to your use of this Site or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.