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BEERMAGNET.COM TERMS AND CONDITIONS OF WEBSITE USAGE

This is an agreement between you ("you" or "your", none of which are case-sensitive) and BeerMagnet.com ("BeerMagnet, LLC" or "BeerMagnet" or "BeerMagnet.com" or "us" or "we" or "our" or "this website", none of which are case-sensitive). The terms "3rd party" or "third party" refers to anybody other than BeerMagnet.com. Browsing or viewing any offline or online content originating from BeerMagnet.com signifies that you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BeerMagnet’s relationship with you in relation to this website.

Throughout this document and the entire BeerMagnet.com website, the following definitions apply:

• A Hot Spot is defined as a business or establishment that provides its customers (or "consumers") with services in the food and drink industry.
• A Hot Spot profile (or "profile") is defined as the web pages, data, images, and any other content provided on BeerMagnet.com or any copies of said web pages, data, images, or content originating from BeerMagnet.com or BeerMagnet, LLC that pertain specifically to a Hot Spot.
• A user is defined as an entity that has been given authorization by BeerMagnet.com or BeerMagnet, LLC to log in to a BeerMagnet.com account using a unique username and password and having a unique email address.
• A Hot Spot administrator is defined as a user who has been given authorization from a Hot Spot to modify or otherwise administer the Hot Spot profile of said Hot Spot.

The use of this website is subject to the following terms of use (continued through the end of this document):

• The content of the terms and conditions are subject to change without notice. The most recently updated terms and conditions are the terms and conditions with which you agree to comply and to which you agree to be bound.
• The content of the pages of this website is for your general information and PERSONAL, NON-COMMERCIAL use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, 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.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and data about users or customers. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website unless they have been placed on this website by somebody other than the BeerMagnet.
• Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other 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).
• Much of the information on this website may have been placed on this website by a 3rd party user. While BeerMagnet tries to keep all material as appropriate and inoffensive as possible, we expressly exclude liability for any information that may be considered by you or anybody else to be inappropriate or offensive.
• You may not place any material or links to material on the website that may be or is considered to be pornographic or adult content. You also may not place material or links to material that may be or is considered to be racist, anti-Semitic, or illegal or contains abusive or obscene language.
• You may not use your account or this website directly or indirectly to perform or assist in illegal activities.
• You may not use your account or this website directly or indirectly to post or distribute inaccurate information.
• With the exception of accurate customer reviews and 3rd party event entries, you may not use your account or this website directly or indirectly to administer or modify a Hot Spot profile or its information or data in any way without authorization from said Hot Spot or BeerMagnet.
• All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
• Your account and/or profile and the account of any business associated with your account may be terminated at any time with or without notice or justification at the sole discretion of BeerMagnet. No refunds, chargebacks, credits, or other offerings will be given by BeerMagnet.com for terminated or suspended accounts or profiles.
• The account or profile of any business may be terminated at any time with or without notice or justification at the sole discretion of BeerMagnet. No refunds, chargebacks, credits, or other offerings will be given by BeerMagnet.com for terminated or suspended accounts or profiles.
• You may create a link to this website from another website or document without BeerMagnet’s consent, but you must remove the link immediately upon request of BeerMagnet or one of its representatives.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by "BeerMagnet" and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of "BeerMagnet". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Through this website you are able to view information entered by a 3rd party which is not under the direct control of "BeerMagnet". The information, content, and graphics entered by any 3rd party do not necessarily imply a recommendation or endorse the views expressed within that information, content, or graphics.

Every effort is made to keep the website up and running smoothly. However, BeerMagnet takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Such temporary unavailability is in no way grounds for refunds of any kind at any time under any circumstances.

COPYRIGHT

You may view, use, and copy (in print or on local disk) the materials found on BeerMagnet.com for personal, non-commercial, informational purposes only. You may distribute the materials found on BeerMagnet.com for non-commercial, informational purposes only, provided that you do not alter the materials at any time. Altering the materials includes, but is not limited to creating and distributing compilations of data, regardless of size, in a format different than that found on BeerMagnet.com. The limitation on distribution can be forgiven only with the expressed written consent of BeerMagnet.com. All data accessible directly from the BeerMagnet.com website is property of BeerMagenet.com. You are prohibited from data mining, scraping, crawling, or any other form of automated data retrieval or extraction on or from the BeerMagnet.com website. You may not use the BeerMagnet.com website to compile a collection of data, listings, or information, including a competing product or service. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by BeerMagnet.com and/or any third party owner of such rights.

PRIVACY POLICY

This privacy policy sets out how BeerMagnet uses and protects any information that you give BeerMagnet when you use this website. BeerMagnet is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement. BeerMagnet may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 9/27/2006.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postal code, age, preferences and interests
• other information relevant to customer surveys
• IP addresses

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may use the information to customize the website according to your interests.
• We may give some information such as postal codes, preferences, and other information (never names, phone numbers, or street address) to businesses within and outside your area to improve their service to you.
• We may use IP addresses as a way of protecting our data and/or the accounts (user or business) related to the website.

We will not sell, distribute or lease your personal information to third parties, with the following exception, unless we have your permission or are required by law.

Exception to third party sharing of information

We may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Currently, we use cookies for only one purpose: to allow you to "Remember Me" when you log in so that you do not have to enter your username and password each time you visit BeerMagnet.com to log in.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BEERMAGNET BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BEERMAGNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

You agree to defend, indemnify and hold BeerMagnet, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from BeerMagnet’s own negligence. BeerMagnet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for BeerMagnet in that matter.