Legal Stuff: Shipping Info, Returns & Refunds, Terms & Conditions of Sale and Privacy Policy,.
Free Standard Shipping
When you order a case of Atmosphere 0.0 Pils, the cost of shipping is included in the case price. We ship using national carriers to 43 U.S. States (please see below for limitations). We pack and ship our 24 pack cases of Atmosphere 0.0 Pils in our custom shipping box within 48 business hours of your order confirmation. Please expect that deliveries may take 2-7 business days depending on the delivery address. You should receive email updates of the delivery status.
We cannot ship Atmosphere 0.0 Pils to fans located in Georgia, Michigan, Mississippi, Kansas, Idaho, Nebraska, and South Carolina due to local legal restrictions which prohibit the mailing of malt beverages. It’s a drag, we agree but we're exploring options that will allows us to deliver legally within these areas in the future.
If you’re located in Georgia, please ask your local retailer to stock Atmosphere for you. Atmosphere works with a state-wide distributor in Georgia that provides adult beverages to most local retailers.
Our goal is to have our fans celebrating more often and enjoying Atmosphere at those times. We are unable to take returns of Atmosphere as it’s perishable but if there are issues with your delivery, please reach out and let us know via email at nothappy@atmospherebrewery.com that things have gone sideways. We want it to be a great experience. For merchandise returns, please email info@atmospherebrewery.com "mailto:info@atmospherebrewery.com" For merchandise returns, if your Atmosphere Brewery items are damaged or bum you out for whatever reason, please see our Terms and Conditions of Sale for more information regarding our return procedures.
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. WE SPECIFICALLY DIRECT YOUR ATTENTION TO SECTION 12, WHICH GOVERNS HOW ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED AND WHICH MAY AFFECT YOUR LEGAL RIGHTS TO FILE OR PARTICIPATE IN A LAWSUIT.
BY SUBSCRIBING TO OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY ONLY SUBSCRIBE FOR, ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) AGREE TO THESE TERMS, AND (B) ARE OF LEGAL AGE UNDER APPLICABLE FEDERAL, STATE, AND LOCAL LAW TO (i) FORM A BINDING CONTRACT WITH ATMOSPHERE BREWERY INC., (ii) ACCESS AND USE THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, AND (iii) SUBSCRIBE FOR, ORDER OR OBTAIN THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://atmospherebrewery.com (the “Site,” and together with the offering and sale of our products and services, the “Services”) and are subject to change by Atmosphere Brewery Inc. (referred to as “us”, “we”, “our” or the “Company,” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site and will apply to all purchases and sales of products and services from the Site. You should review these Terms before purchasing any product or service that is available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site and Services, along with our Privacy Policy. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (See 9, below).
2. Order Acceptance and Cancellation.
a. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to product availability and acceptance by us, and we may choose not to accept any orders or to limit quantities of orders in our sole discretion before we are obligated to sell the products or services to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Atmosphere Brewery Inc. and you will not take place unless and until we have received full and final payment for the products and/or services purchased through the Site. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com".
b. You agree to pay all charges incurred by you at the prices listed on our Site, including all applicable taxes and shipping and handling charges, if any.
3. Prices and Payment Terms.
a. All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All applicable taxes and charges will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to not honor or cancel any orders arising from such errors.
b. Terms of payment are within our sole discretion. We accept Visa, Master Card, American Express, and Discover, as well as other forms of payment depending on the products or services that you are purchasing. You represent and warrant that (i) the credit card information or other payment information that you supply to us is true, correct, and complete, and (ii) you are the owner of, or duly authorized to use such payment method for the purchase.
4. Subscription and Membership Programs (collectively, the “Subscription Programs”).
a. THE SUBSCRIPTION PROGRAMS ARE SUBSCRIPTION-BASED MEMBERSHIP PROGRAMS OFFERED BY US FROM TIME TO TIME (INCLUDING, WITHOUT LIMITATION, THE ATMOSPHERE CELEBRATION MEMBERSHIP AND OUR SUBSCRIBE & SAVE PROGRAM). IF YOU SIGN UP FOR ONE OR MORE OF THE SUBSCRIPTION PROGRAMS, YOU WILL BE BILLED ON AN AUTOMATICALLY RECURRING BASIS ON THE FREQUENCY DENOTED WHEN YOU PURCHASE YOUR APPLICABLE SUBSCRIPTION, AND YOUR SUBSCRIPTION AND RECURRING CHARGES WILL AUTOMATICALLY CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE CANCELLATION INSTRUCTIONS ON YOUR ACCOUNT PAGE, OR YOUR ACCOUNT IS OTHERWISE SUSPENDED OR TERMINATED BY US PURSUANT TO THESE TERMS OR THE TERMS OF USE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF YOUR SUBSCRIPTION, INCLUDING THE PRICE OF THE PRODUCTS IN YOUR SUBSCRIPTION, FROM TIME TO TIME, EFFECTIVE AS OF THE BEGINNING OF YOUR NEXT BILLING PERIOD (AS DEFINED BELOW). WE WILL GIVE YOU ADVANCE NOTICE OF THESE CHANGES, BUT WE WILL NOT BE ABLE TO NOTIFY YOU OF CHANGES IN ANY APPLICABLE TAXES.
b. TO ENROLL IN ONE OR MORE OF THE SUBSCRIPTION PROGRAMS, UNLESS OTHERWISE INDICATED, YOU WILL BE REQUIRED TO PROVIDE A CREDIT CARD OR AUTHORIZE ANOTHER PAYMENT METHOD ACCEPTED BY US (“PAYMENT METHOD”). WE WILL CHARGE YOUR PAYMENT METHOD FOR EACH PRODUCT DELIVERY FOR THE AMOUNT AND ON THE FREQUENCY IN ACCORDANCE WITH THE TERMS OF YOUR SELECTED SUBSCRIPTION, AND ANY APPLICABLE TAXES AND SHIPPING AND HANDLING CHARGES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CHARGES TO YOUR PAYMENT METHOD BY YOUR BANK OR CREDIT CARD ISSUER. WHEN YOU PROVIDE A PAYMENT METHOD, WE MAY ATTEMPT TO VERIFY THE INFORMATION YOU ENTERED BY PROCESSING AN AUTHORIZATION HOLD. WE DO NOT CHARGE YOU IN CONNECTION WITH THIS AUTHORIZATION HOLD, BUT YOUR AVAILABLE BALANCE OR CREDIT LIMIT MAY BE REDUCED. IF YOU WANT TO USE A DIFFERENT PAYMENT METHOD THAN THE ONE YOU INITIALLY AUTHORIZED, YOU MAY EDIT YOUR PAYMENT METHOD INFORMATION BY LOGGING IN TO YOUR ACCOUNT AND EDITING YOUR ACCOUNT DETAILS.
c. IN THE EVENT OF A FAILED ATTEMPT TO CHARGE TO YOUR PAYMENT METHOD (E.G., IF YOUR PAYMENT METHOD HAS EXPIRED), WE RESERVE THE RIGHT TO RETRY BILLING YOUR PAYMENT METHOD WITHOUT NOTICE TO YOU. WE WILL NOT SHIP ANY PRODUCTS IN A SUBSCRIPTION UNTIL WE ARE ABLE TO CHARGE YOUR PAYMENT METHOD. WE RESERVE THE RIGHT TO UPDATE INFORMATION ABOUT YOUR PAYMENT METHOD, SUCH AS AN EXPIRATION DATE OR UPDATED CARD NUMBER, WITH OUR PAYMENT SERVICE PROVIDERS. IN THE EVENT THAT YOU OR WE (THROUGH OUR PAYMENT SERVICE PROVIDERS) UPDATE YOUR PAYMENT METHOD TO REMEDY A CHANGE IN VALIDITY OR EXPIRATION DATE, WE WILL AUTOMATICALLY RESUME BILLING YOU FOR YOUR SUBSCRIPTION. WE MAY SUSPEND OR CANCEL YOUR SUBSCRIPTION IN OUR SOLE DISCRETION IF WE REMAIN UNABLE TO SUCCESSFULLY CHARGE YOUR PAYMENT METHOD. WE ALSO RESERVE THE RIGHT TO PURSUE ANY AMOUNTS YOU FAIL TO PAY IN CONNECTION WITH YOUR SUBSCRIPTION, INCLUDING COLLECTION COSTS, BANK OVERDRAFT FEES, COLLECTION AGENCY FEES, REASONABLE ATTORNEYS' FEES, AND ARBITRATION OR COURT COSTS.
d. WE MAY OFFER YOU THE ABILITY TO PAUSE YOUR SUBSCRIPTION FOR A SPECIFIED PERIOD OF TIME. IF YOU DO NOT CANCEL BEFORE THE END OF THE PAUSE PERIOD, BILLING WILL RESUME AUTOMATICALLY.
e. AS USED IN THESE TERMS, “BILL” AND “BILLING” SHALL INDICATE EITHER A CHARGE OR DEBIT, AS APPLICABLE, AGAINST YOUR PAYMENT METHOD. WE WILL AUTOMATICALLY BILL YOUR PAYMENT METHOD ON OR ABOUT THE DAY YOU PLACE AN ORDER AND UPON SUBSEQUENTLY THEREAFTER ON THE FREQUENCY DENOTED WHEN YOU PURCHASE YOUR APPLICABLE SUBSCRIPTION. YOUR “BILLING PERIOD” IS THE INTERVAL OF TIME BETWEEN EACH RECURRING BILLING DATE AND WILL BE DETERMINED BY US. WHERE APPLICABLE, SUBSCRIPTION CHARGES MAY BE PRORATED FOR ANY PARTIAL BILLING PERIOD OF MEMBERSHIP TO ANY OF THE SUBSCRIPTION PROGRAMS. TO SEE YOUR NEXT RECURRING BILLING DATE, LOG IN AND VIEW YOUR ACCOUNT DETAILS. YOU ACKNOWLEDGE THAT THE TIMING OF WHEN YOU ARE BILLED AND THE AMOUNT BILLED EACH BILLING PERIOD MAY VARY, INCLUDING IF YOUR SUBSCRIPTION BEGAN ON A DAY NOT CONTAINED IN A GIVEN BILLING PERIOD (E.G., IF YOU HAVE A MONTHLY SUBSCRIPTION AND BECAME A PAYING SUBSCRIBER ON JANUARY 31, YOUR PAYMENT METHOD WOULD NEXT BE BILLED ON FEBRUARY 28), DUE TO PROMOTIONAL OFFERS, GIFT CARD REDEMPTIONS, CREDITS APPLIED, OR CHANGES IN YOUR SUBSCRIPTION OR PAYMENT METHOD.
f. YOU CAN CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS ON YOUR ACCOUNT PAGE. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON THE DAY BEFORE YOUR NEXT RECURRING BILLING DATE IN ORDER TO AVOID BEING CHARGED. PAYMENTS ARE NONREFUNDABLE. IF YOU CANCEL, MODIFY YOUR SUBSCRIPTION, OR IF YOUR ACCOUNT IS OTHERWISE TERMINATED UNDER THESE TERMS, YOU WILL NOT RECEIVE A CREDIT. THERE ARE CIRCUMSTANCES WHERE WE MAY PROVIDE SOME CREDIT ON A CASE-BY-CASE BASIS IN OUR SOLE DISCRETION.
5. Shipments; Delivery; Title and Risk of Loss.
a. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process unless your order qualifies for free shipping. Orders qualifying for free shipping are sent Standard Shipping. You may pay to upgrade your shipping option but you will not receive a credit for the cost of standard shipping. Additional shipping fees may apply depending on the delivery location. Please check the individual product page to select a specific delivery option. We generally offer the following delivery options, but certain of these options may be unavailable for certain products and locations:
Standard Shipping
We pack and ship orders within 48 business hours of your order confirmation. Carrier shipping may take 2-7 business days or longer depending on the delivery location. This is determined by the carrier.
Expedited Shipping
Expedited orders are packed and shipped within 48 business hours of your order confirmation. Carrier shipping may take 2-3 business days or longer depending on the delivery location. Expedited Shipping costs are calculated by the size of your order at checkout. This is determined by the carrier.
Same-Day and 2-Hour Shipping
Currently, our same-day and 2-hour delivery services are only available for certain products in select New York, Chicago, Los Angeles, and San Francisco zip codes. This delivery option will be available at checkout if this delivery option is available in the delivery location. Let’s comment this out for the time being.
b. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
c. We cannot ship certain of our products to customers located in certain states, including, without limitation, Georgia, Michigan, Mississippi, Kansas, Idaho, Nebraska, and South Carolina due to state regulations. We are able to ship all merchandise to all states.
6. Returns and Refunds. Due to the perishable nature of our beverage products, such products are non-returnable. For merchandise returns, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs; provided such products are returned in their original condition. To return products purchased through this Site, please contact our Returns Department at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com". All requests for returns must be made within 90 days of the date the order was placed for such products.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refund requests for returned products are processed within approximately one week of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
7. DISCLAIMER AND LIMITATION OF WARRANTY
a. Disclaimer.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR RESPONSIBILITY FOR DAMAGED PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND. OUR RESPONSIBILITY FOR SERVICES THAT DO NOT MEET YOUR ORDER SPECIFICATIONS IS LIMITED TO RE-PERFORMANCE OR REFUND. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY.
b. Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT DID NOT MEET YOUR ORDER SPECIFICATION, NOR WILL WE, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale, wholesale or export.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site and your access to and use of the Services.
10. Force Majeure. We shall not be liable or responsible, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) present or future government order, law, or actions; (e) embargoes or blockades; (f) financial unrest or other international, national or regional emergencies; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) any act or omission of a third party; and (j) other events beyond our reasonable control.
11. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
12. Dispute Resolution.
a. You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this Section. The procedures set forth herein shall be the sole and exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.
b. Prior to commencing a demand for arbitration under this Section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:
c. YOU UNDERSTAND AND AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
d. Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions hereof will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to the terms and conditions hereof and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of New York, in each case, located in Kings County, New York, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and periodically review the Site.
b. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Atmosphere Brewery Inc., 221 Banker Street, Brooklyn, NY 11222. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective upon delivery. Notices provided by registered or certified mail will be effective five business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms, our Website Terms of Use, our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Privacy Policy
Effective Date: 05/01/2023
Applicable To The Following Website:
D. INFORMATION YOU PROVIDE TO ATMOSPHERE BREWERY.
1. The information we collect on or through our Website may include:
a. information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, requesting information or our assistance, downloading information or material, or requesting services. We may also ask you for information when you report a problem with our Website.
b. records and copies of your correspondence (including email addresses), if you contact Atmosphere Brewery or respond to correspondence from Atmosphere Brewery.
c. your responses to surveys or questionnaires that we might ask you to complete for research purposes.
d. details of transactions or activities you carry out through our Website.
e. your search queries on our Website.
E. INFORMATION WE GATHER VIA AUTOMATIC DATA COLLECTION TECHNOLOGIES.
1. As you navigate through and interact with our Website, we may use automatic data collection technologies to gather certain information about your equipment, browsing actions, and patterns, including:
a. details of your visits to our Website, including traffic data, location data, logs, and other communication data, and the resources that you access and use on our Website.
b. information about your computer and internet connection, including your IP address, operating system, and browser type.
2. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. If you wish to opt-out of this tracking on our Website, please contact Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com".
3. We may maintain automatically-collected information or associate it with your personal information we collect in other ways or receive from third parties. Collecting this information helps Atmosphere Brewery to improve our Website and to deliver a better and more personalized service, including by enabling Atmosphere Brewery to:
a. Understand usage patterns.
b. Store information about your preferences, allowing Atmosphere Brewery to customize our Website according to your individual interests.
c. Speed up your searches.
d. Recognize you when you return to our Website.
4. The technologies we use for this automatic data collection may include:
a. Cookies (or “Browser Cookies”). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept Browser Cookies by activating the appropriate setting on your browser. However, if you refuse to accept Browser Cookies, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that your browser will refuse Atmosphere Brewery cookies, our system will issue cookies when you direct your browser to our Website.
b. Social Network Plugins. Our Website incorporates plugins and/or buttons for social networks, in order to allow easy sharing of content on your favorite social networks. These plugins are programmed so as not to set any cookies when accessing the page, to safeguard the privacy of the user (download our Privacy Policy here). Cookies may be set, however, if you make voluntary use of the plugin. Please note that if you browse while being logged into the social network then you have already consented to the use of cookies conveyed through our Website at the time that you registered with the particular social network. The collection and use of information obtained by means of the plugin are governed by the respective privacy policies of the social networks.
c. Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that may permit Atmosphere Brewery, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
For information about managing your privacy and security settings for Browser Cookies and Flash Cookies, please see Section I “CHOICES ABOUT HOW WE ATMOSPHERE BREWERY AND DISCLOSE YOUR INFORMATION” below.
F. THIRD-PARTY ADVERTISING AND ANALYTICS SERVICES.
1. Internet-based Ads and Analytics - We may allow third parties not affiliated with Phillips to send advertisements on our behalf across the internet and in mobile applications and to provide us with analytics services. These third parties may use cookies, and other automated data collection technologies (such as pixels and gifs) to collect information about your use of our Services and other websites and applications you visit. This information may include: your IP address, device ID, web browser, mobile network information, pages viewed, time spent on web pages or in apps, links clicked, and conversion information, and may be used by Phillips and other third parties to:
a. analyze and track data,
b. determine the popularity of content,
c. deliver advertising and content targeted to your interests on the Phillips website and other websites, and
d. better understand your online activity.
2. For more information about interest-based ads, or to opt out of having your web browsing information used for interest-based advertising purposes, please visit:
a. US based users: www.aboutads.info/choices
b. UK and European based users: https://www.youronlinechoices.eu/
3. Custom & Lookalike Audience Campaigns
a. We may work with third parties to send you advertisements as part of a customized campaign on third-party platforms (such as Facebook or Google). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. The third-party platforms may offer you choices about whether you see these types of customized ads.
b. On occasions, we may also share with such third parties, aggregated or anonymized data that cannot reasonably be used by those third parties to identify you. This aggregated or anonymized data is used by the third party to create for us “lookalike” audiences displaying similar traits to those extracted from the aggregated or anonymized data.
G. HOW WE USE YOUR INFORMATION
1. We use information that we collect about you or that you provide to Atmosphere Brewery, including any personal information:
a. To present our Website and its contents to you.
b. To provide you with information, products, or services that you request from Atmosphere Brewery.
c. To fulfill any other purpose for which you provide your information to Atmosphere Brewery.
d. To provide you with notices about your account, including expiration and renewal notices.
e. To carry out our obligations and enforce our rights arising from any contracts entered into between you and Atmosphere Brewery, including for billing and collection.
f. To notify you about changes to our Website or any products or services we offer or provide though our Website.
g. To allow you to participate in interactive features on our Website.
h. If you have difficulties getting our Website to work as desired, to assist Atmosphere Brewery and you in helping to identify the root cause of your problem.
i. In any other way we may describe at the time you provide the information to Atmosphere Brewery.
j. For any other purpose with your consent.
H. DISCLOSURE OF YOUR INFORMATION
1. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
2. We may disclose personal information that we collect or you provide as described in this Privacy Policy, in each instance, to recipients who are bound by contractual obligations to keep your personal information confidential and use your information only for the purposes for which we disclose your information to them, as follows:
a. to our subsidiaries and affiliates;
b. to contractors, service providers, and other third parties that we Atmosphere Brewery to support our business;
c. to a potential buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ATMOSPHERE BREWERY’s assets which occurs for any reason, in which your personal information held by our Website user data be among the assets transferred;
d. to fulfill the purpose for which you provide the information to Atmosphere Brewery;
e. for any other purpose disclosed by Atmosphere Brewery when you provide the information to Atmosphere Brewery; and
f. with your consent.
3. We may also disclose your personal information:
a. to comply with any court order, law, or legal process, including to respond to any government or regulatory requirement;
b. to enforce or apply our terms of Atmosphere Brewery (that may be seen at www.atmospherebrewery.com and other agreements between Atmosphere Brewery, including for billing and collection purposes; and
c. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ATMOSPHERE BREWERY, our customers, or others.
I. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
1. We strive to provide you with choices regarding the personal information you provide to Atmosphere Brewery. We have created mechanisms to provide you with the following control over your information:
a. Tracking Technologies and Advertising. You can set your browser to refuse all or some Browser Cookies, or to alert you when cookies are being sent. You can also visit the specific help page of the web browser you are use. As of the date of this policy, the following pages provide information for frequently used browsers:
- Firefox
- Safari
- Chrome
- Opera
If you disable or refuse cookies, please understand that some parts of our Website will not function properly or be inaccessible.
b. Disclosure of Your Information for Third-Party Advertising. If you do not want Atmosphere Brewery to share your personal information with third parties that are not our affiliates or agents for promotional purposes, you may opt-out by contacting Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com".
c. Promotional Offers from ATMOSPHERE BREWERY. If you do not wish to have your email address or other contact information used by ATMOSPHERE BREWERY to promote our own or third parties’ products or services, you may opt-out by contacting Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com". If we have sent you an unwanted promotional email, you may forward that unwanted email to Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com", asking to be omitted from future such email distributions. This opt-out does not apply to information provided to or by ATMOSPHERE BREWERY as a result of ATMOSPHERE BREWERY providing information or services to you or other transactions.
J. ACCESSING AND CORRECTING YOUR INFORMATION
1. You may review and change your personal information by contacting Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com".
2. You may also send Atmosphere Brewery an email at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com", asking to request access to, correct or delete any personal information that you have provided to Atmosphere Brewery. We cannot delete all of your personal information except by also deleting your Atmosphere Brewery account. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
K. DATA SECURITY
1. We have implemented measures designed to help Atmosphere Brewery keep your personal information secure from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or via email. Any transmission of your personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
2. The safety and security of your information also depends on you. If you have a password for password protected areas and functionality of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
a. Phishing - Sometimes unauthorized individuals send e-mails to consumers, purporting to represent a legitimate company, requesting that the consumer provide personal, often sensitive information, using the information (such as the email and domain names of) a legitimate, trusted company. In reality, such information is sought for identity theft. This illegal activity has come to be known as "phishing."
If you receive an e-mail or other correspondence requesting that you provide any sensitive information via e-mail or to a website that seems suspicious to you, please do not provide such information, and report such requests to us.
L. CHANGES TO OUR PRIVACY POLICY
It is our practice to post any updates that we make to this Privacy Policy on the publicly-available portion of the ATMOSPHERE BREWERY website. If we make material changes to how we treat our customers’ personal information, we will post the updated Privacy Policy to our Website. The date this Privacy Policy was last updated is identified at the top of the first page of this Privacy Policy. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.
M. CONTACT INFORMATION
To ask questions or comment about this Privacy Policy and our privacy practices, please send an email to Atmosphere Brewery at info@atmospherebrewery.com "mailto:info@atmospherebrewery.com".
Terms of Use
These terms of use, together with any documents expressly incorporated by reference herein (collectively, these “Terms of Use”), govern your access to and use of this website, and other websites and online experiences hosted by Atmosphere Brewery Inc(“we,” “us,” “our,” “Atmosphere,” or the “Company”) that link to these Terms of Use (collectively, the “Websites”) and our mobile applications, including any content, functionality, and services offered on or through any of the Websites or any of our mobile applications (collectively, and together with the Websites, the “Services”), whether as a guest or a registered user, including your access to the Services or of the Services via a mobile device.
Please read these Terms of Use carefully before you start to use the Services. By using the Services, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://atmospherebrewery.com/pages/legal] (our “Privacy Policy”). If you do not agree to these Terms of Use or to the Privacy Policies, you must not access or use the Services.
The Services are offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
WE SPECIFICALLY DIRECT YOUR ATTENTION TO THE SECTION TITLED “DISPUTES; MANDATORY ARBITRATION AND CLASS ACTION WAIVER,” WHICH GOVERNS HOW ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED AND WHICH MAY AFFECT YOUR LEGAL RIGHTS TO FILE OR PARTICIPATE IN A LAWSUIT.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the section titled “Disputes; Mandatory Arbitration and Class Action Waiver” will not apply to any disputes for which the parties have actual notice of on or before the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
If you have questions or concerns about these Terms of Use, please send an e-mail to info@atmospherebrewery.com [info@atmospherebrewery.com].
Accessing the Services and Account Security
You are responsible for both:
To access the Services or some of the resources that are offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policies, and you consent to all actions we take with respect to your information consistent with our Privacy Policies.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You agree not to do any of the following while using the Services:
Additionally, you agree not to:
The Services are intended solely for users who are 21 years of age or older, and any registration, use of access to the Services by anyone under 21 is strictly prohibited and in violation of these Terms of Use. By using the Services, you expressly represent and warrant that you are at least 21 years of age.
The Company is based in the State of New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own risk and are responsible for compliance with local laws.
The Services may contain blogs, comment and review boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content (collectively, "User Contributions") on or through the Services. All User Contributions must comply with these Terms of Use.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, transferrable, sublicensable, assignable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Third Party Content
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the content available through the Services.
The Services may include content provided by third parties, including materials provided by other users (e.g., User Contributions) and third-party licensors, syndicators, aggregators, and/or reporting services (collectively, “Third Party Content”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any materials provided by any third parties. You are solely responsible for complying with all applicable third-party terms of agreement when using the Services, including, without limitation, the terms of any applicable wireless data service agreement.
Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
The Services may contain links to other websites and/or resources provided by third parties. Such links are provided for convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on the Services does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The Services and the entire contents, features, and functionality of the Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not sell, reproduce, distribute, copy, duplicate, resell, modify, frame, mirror, repost, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or use for any commercial purpose any of the material on the Services without our prior written consent.
You must not:
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: info@atmospherebrewery.com [info@atmospherebrewery.com].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, brands, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the Services, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on the Services. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an internet connected device that is compatible with, and capable of, receiving such Communications.
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some of the Services to users, including registered users. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Although we endeavor to provide current, accurate and reliable information through the Services, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, content or information available from the Internet or the Services. We cannot and do not warrant your use of the Services, or the operation or function of the Services, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the Services are free of viruses or other harmful elements or destructive code
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED THROUGH THE SERVICES.
YOUR USE OF THE SERVICES AND ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SERVICES, OR YOUR MOBILE DEVICE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE ANY OF THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED THROUGH THE SERVICES, ANY CONTENT ON THE SERVICES OR THIRD-PARTY WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
If you are dissatisfied with any portion of the Services, or with any part of these Terms of Use, your sole and exclusive remedy is to discontinue using the Services. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under these Terms of Use.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and services providers (and with respect to an Application that has been downloaded from the Apple Store, Apple), and its and their respective employees, officers, directors, managers, contractors, licensors, suppliers, agents, successors and assigns (the “Company Parties”) from and against any and all claims, damages, losses, costs, deficiencies, actions, investigations, liabilities, judgments, awards, fines, penalties, settlements, interest, costs and expenses (including attorneys’ fees) (“Losses”) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding (each, a “Claim”) made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of, resulting from, or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the Services; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device used to access the Services that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Company Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Company Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. The Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the applicable Company Party.
We offer our customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. Our Text Messaging Programs: Terms and Conditions [https://atmospherebrewery.com/pages/legal] (the “Text Messaging Terms”), governs such programs, and such Text Messaging Terms are hereby incorporated by reference.
All information we collect through the Services is subject to our Privacy Policy as applicable. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy as applicable.
We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
Entire Agreement
These Terms of Use, and all agreements and policies referenced herein, including without limitation, the Text Messaging Terms and our Privacy Policy [https://atmospherebrewery.com/pages/legal] constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
The headings are included for reference only and have no effect on the meaning of any provision.
All matters arising out of or relating to the Services, these Terms of Use, the purchase of any product or service on any of the Websites or through any of the Services, all agreements and policies referenced herein, and any Dispute (as defined below) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York
You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this section. The procedures set forth herein shall be the sole and exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.
Prior to commencing a demand for arbitration under this section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:
Any Dispute shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.
The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Kings County, New York. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.
The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees.
The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
The parties agree to arbitrate solely on an individual basis, and that the terms and conditions hereof do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of hereof will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to the terms and conditions hereof and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of New York, in each case, located in Kings County, New York, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Services are operated by Atmosphere Brewery Inc., 221 Banker Street, Brooklyn, NY 11222.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@atmospherebrewery.com [info@atmospherebrewery.com].
Text Messaging Programs: Terms & Conditions
Atmosphere Brewery Inc. (“Atmosphere”) offers its customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Terms and Conditions govern all Atmosphere text message programs.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND ATMOSPHERE AGREE THAT DISPUTES BETWEEN YOU AND ATMOSPHERE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
You may sign up for an Atmosphere text message program by filling out a form on our website or otherwise providing your consent. You may need to confirm your consent, such as by replying Yes or Y to an initial text message sent to you. When you agree to participate in Atmosphere text messaging programs, you typically agree to receive recurring messages with information, alerts, and special offers from Atmosphere. However, there may be programs where Atmosphere specifies that it will send a certain number or up to a certain number of text messages (for example, if you participate in a promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion or you may only receive one text with the coupon code).
Messages may be in SMS or MMS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system. Consent to receive such messages is not required as a condition to purchase any goods or services from Atmosphere. Message and data rates may apply.
You may stop receiving text messages from us at any time by replying STOP or texting STOP to 25708. You will receive one final text message confirming that you have opted out. For additional help, email info@atmospherebrewery.com [mailto:info@atmospherebrewery.com]. By signing up for this program, you represent and warrant that you are the account holder or authorized user of the mobile telephone number associated with your enrollment and are at least 21 years of age or have a parent or guardian's permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate - check with your mobile service provider. If you change your mobile phone number, you agree to promptly notify Atmosphere of the change. In the event that you change or deactivate your mobile number it is your responsibility to notify Atmosphere by email at info@atmospherebrewery.com [mailto:info@atmospherebrewery.com] to have your number removed.
Additionally, Atmosphere reserves the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under a program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
Your participation in an Atmosphere text message program is subject to our website Terms of Use [https://atmospherebrewery.com/pages/legal] and Privacy Policy [https://atmospherebrewery.com/pages/legal]. To the extent of any inconsistency, the terms and conditions in these Terms take precedence.
All matters arising out of or relating to the terms and conditions set forth herein, your participation in any Atmosphere text messaging programs, and any Dispute (as defined below) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this section. The procedures set forth herein shall be the sole and exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.
Prior to commencing a demand for arbitration under this section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:
Any Dispute shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.
The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Kings County, New York. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.
The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees.
The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.
The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
The parties agree to arbitrate solely on an individual basis, and that the terms and conditions hereof do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.\
Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of hereof will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to the terms and conditions hereof and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of New York, in each case, located in Kings County, New York, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.
OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY KLAVIYO ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATMOSPHERE, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, AND AGENTS (COLLECTIVELY, THE "ATMOSPHERE AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ATMOSPHERE AFFILIATESAND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE ATMOSPHERE AFFILIATESOR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR.
THE ATMOSPHERE AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Atmosphere Affiliate harmless from and against any and all claims, actions, demands, losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines, costs and expenses of whatever kind, including attorneys' fees and the cost of enforcing any right to indemnification hereunder, arising from or related to your use of our text messaging programs or your breach or alleged breach of these terms.
W. SEVERABILITY
If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.
X. CHANGES TO TERMS
These terms and conditions are subject to change at any time. If we make material changes, we may notify active users via a text message sent to the number you used to sign-up for our text message program(s).
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