Terms & Conditions
Last updated: November 17, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.fortpointbeer.com website (the "Service") operated by Fort Point Beer Company ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
General: Some items in our store may be offered to you as a subscription, also known as becoming a member of our Beer Club. When you purchase a subscription you'll receive repeat deliveries at a cadence of either every 2 weeks or every 4 weeks. These are based on the subscription duration and frequency that you select. Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance. Some subscriptions may auto-renew at the end of their duration.
Cancellation Policy: If you don't want to renew a subscription you can cancel it. If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there. See our returns policy for more details on returns and refunds.
Pre-orders: When you purchase a pre-order, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. We may collect no payment or a partial deposit at checkout, store your payment method, then fulfill and charge the full or remaining payment at a future date. You can cancel a partially paid pre-order order that has not yet been fulfilled. If the order has been fulfilled, then you can't cancel the order, but you can request a full or partial refund. See our returns policy for more details on returns and refunds.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
When completing a purchase on fortpointbeer.com, the Customer may consent to Fort Point using the Customer’s phone number for direct marketing purposes. By opting in to SMS updates, the Customer certifies that they are over the age of 21 and agree to receive recurring marketing communications. Message and data rates may apply. Consent is not a condition of purchase.
The Customer may opt out of receiving SMS marketing communications by texting “STOP” in reply back to an SMS communication from Fort Point, or by emailing Fort Point at email@example.com and requesting to be unsubscribed from all or part of Fort Point’s marketing communications.
Regardless of whether the Customer opts out of receiving direct marketing communications, by maintaining their account or transacting with Fort Point, the Customer gives Fort Point permission to send the Customer non-commercial, transactional emails and SMS communications. These include, for example, messages relating to the Customer’s account, transactions, delivery updates, or important information relating to products the Customer has purchased, such as recall notices.
As a Fort Point customer (a “Referrer”), you are subject to the following additional Terms & Conditions for Fort Point’s Referral program:
- Qualified Referral. A Qualified Referral is defined as a purchase made at www.fortpointbeer.com by a person (a "Referred Customer") who arrives at our website by clicking your Fort Point referral program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must also be a first time customer.
- Reward Payments. Rewards are payable in increments of $10. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Fort Point’s Referral Program cannot be used by businesses for affiliate lead generation as determined at Fort Point’s discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails sent out to refer a customer must be created and distributed in a personal manner and bulk email distribution is discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is prohibited and will be grounds for exclusion from Fort Point’s Referral program.
- Right to Close Accounts. Fort Point reserves the right to close the Fort Point Direct account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Fort Point Referral program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Fort Point reserves the right to cancel the Referral Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
The Service and its original content, features and functionality are and will remain the exclusive property of Fort Point Beer Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fort Point Beer Company.
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Fort Point Beer Company
Fort Point Beer Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fort Point Beer Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Fort Point Beer Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Fort Point Beer Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fort Point Beer Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.