Levante Brewing, Inc: Terms of Service

Thank you for choosing Mercury by Levante Brewing Company (INC). Levante Brewing Company includes levantebrewing.com and Mercury by Levante Brewing Company (INC), which are referenced in the following Terms of Service document as ‘we’, ‘us’ or ‘our’.

Note that your (Note your interchangeable use of ‘you’, ‘your’, ‘the user’, ‘the customer’, ‘the receiver’) use of our levantebrewing.com site is subject to terms to follow in our Terms of Service document. You must not access or use levantebrewing.com or applicable material, including the information, imagery, or services provided if you do not agree with any of these terms. By using levantebrewing.com, you abide and agree to each and every term outlined below. Our terms may be updated by levantebrewing.com at any time with or without notice to you, the user. Each instance you visit levantebrewing.com and/or use our services indicates your adherence and acceptance to any new updates or modifications to our terms of service.

User Obligations:

You, the user, agree to abstain from the following while utilizing levantebrewing.com:

• Violate any law or regulation, intentionally or unintentionally
• Probe into, tamper with, access, or generally use any nonpublic domains, pages, material of levantebrewing.com or our integral computer systems. Any violation on your part will be subject to prosecution.
• Access levantebrewing.com with any manual or automated process for purposes beyond purchasing products or generally reading information conveyed through our site. Any programmed software or system used to extract data and/or private information from levantebrewing.com is prohibited and will be met with penalty. Your methods are inexcusable, whether they are commercial or noncommercial reasons.
• Publicize or link to levantebrewing.com without written permission from levantebrewing.com

Regarding the sale of alcoholic beverages:

Levante Brewing Company, Mercury by Levante Brewing Company, or levantebrewing.com does not engage in alcohol sales to minors, under the age of 21. Nor do we engage in sales outside of the Commonwealth of Pennsylvania. By using levantebrewing.com you legally affirm your age above 21 years old. Levantebrewing.com does not handle distribution or delivery of alcohol. We do make efforts to ensure that every customer to our e-commerce platform is above the legal age to purchase alcohol within the Commonwealth of Pennsylvania. Additionally, you agree that any alcohol purchased from levantebrewing.com is solely intended for personal consumption, not for resale purposes under any circumstance. Do not use levantebrewing.com if you do not agree with our conditions. We will prosecute you fully to the extent of the law if you intentionally or unintentionally feign identification or provide our alcohol to a minor under the age of 21.

Title and Ownership:

Title to, and ownership of, all alcoholic beverages passes from levantebrewing.com to a courier service responsible for delivery of alcohol as well as legal identification inspection of customer/receiver. By utilizing the services provided by levantebrewing.com, you, the customer, are acting in compliance with your local and state laws regarding the purchase, handling, and safe handling of alcohol, including responsible handling to keep your alcohol out of the possession of minors. You, the customer has obtained required permission, paid required fees, and are working with the intermediary courier service. Additionally, you, the customer, are legally entitled to possess purchased alcohol and are legally entitled to receive quantities ordered, as you are above 21 years of age.

Third Party Content and Monitoring:

Any statements, advice, opinions, events, offers, services or other content or information expressed or made public on levantebrewing.com by third parties (including information providers and users) are those of respective author(s) or distributor(s) and not of levantebrewing.com. Levantebrewing.com neither endorses nor is responsible for information, opinion, advice, or statements made on this site, beyond what is submitted by levantebrewing.com employees acting in accordance to their official capabilities - as outlined in Levante Brewing Company’s employee handbook.

Parental Control:

In compliance with the Communications Decency Act of 1996, levantebrewing.com hereby states notification to you that parental control protections (such as computer software, applications, programs, hardware, Web browser settings, or filtering services) are commercially and viably available that may assist you with limiting access to content that may be harmful to minors.

Links:

Levantebrewing.com may link to outside websites, new platforms, or resources. You, the user, agree and acknowledge that levantebrewing.com is not responsible for (a) the accuracy or availability of linked sites, and (b) the content, advertisements, or products on or available from aforementioned websites or resources. The reference to any link or resource by levantebrewing.com does not imply that levantebrewing.com endorses or supports the site within the link.

Cancellation:

Order cancellations will be charged a 25% restocking fee. You must cancel your order within 12 hours of placing your order. In order to initiate a cancellation, contact us through our website’s contact form and select the proper “Reason for Contacting” as “Question About My Online Order”.

Returns Regarding Alcohol:

Because of the nature of us shipping alcohol, we are unable to offer refunds or returns. If you received an incorrect shipment, have a quality issue with our product, received a damaged shipment, or are otherwise dissatisfied with your shipment, we ask you to do the following: Document your received shipment with photographs, retain original packaging, receipt, as well as unopened alcohol, then contact us through our website’s contact (selecting the proper “Reason for Contacting” as “Question About My Online Order”) form regarding the nature of your experience. From there, we may be able to appease your experience in a future order. Given the nature of shipping beer through our courier service, we have limited ability to refund aspects of the transaction regarding shipping costs.

Returns Regarding Merchandise:

If you received a damaged or inaccurate merchandise shipment, please contact us through our online contact form (selecting the proper “Reason for Contacting” as “Question About My Online Order”).

Damaged in Shipment:

If you receive a shipment that is damaged during shipment, please contact us via our contact form as soon as you receive your shipment (selecting the proper “Reason for Contacting” as “Question About My Online Order”). Because of the perishable nature of this product, and since you will be personally handling your shipment upon delivery, you must contact us within 24 hours of receipt via our online contact form. Any documentation is helpful in the process of determining the source of your damaged shipment.

Refunds - Alcohol Related Shipments:

All refunds are handled on a case by case basis. If you have an issue, please document your experience with photos, and contact us via our website’s contact form (selecting the proper “Reason for Contacting” as “Question About My Online Order”).

Refunds - Merchandise Related Shipments:

All refunds are handled on a case by case basis. If you have an issue, please document your experience with photos, and contact us via our website’s contact form (selecting the proper “Reason for Contacting” as “Question About My Online Order”).

Exchanges:

All exchanges are handled on a case by case basis. If you have an issue, please document your experience with photos, and contact us via our website’s contact form (selecting the proper “Reason for Contacting” as “Question About My Online Order”).

Gift Cards:

We are not currently accepting Levante Brewing Company gift cards on our website. These gift cards are redeemable at our West Chester Taproom only. We hope to add this functionality in the near future.

Promo Codes:

We reserve the right to, and at times will disable or reduce the terms of any promotional code or discount at any time.

Protection of content provided by Levantebrewing.com and its licensors:

All text, prices, graphics, logos, icons, images, audio clips, videos, and proprietary software belonging to levantebrewing.com on the levantebrewing.com website (site content) are copyrighted materials owned by levantebrewing.com. The site content may contain trademarks, service marks, and trade names, which are owned by levantebrewing.com, approved by corresponding legal entities (I.E. TTB). The site content may also contain brand content, imagery, names, links, or references to trademarks, service marks, or trade names which are owned by tertiary parties. Any events described in the site content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by levantebrewing.com, its affiliates, or third parties. Logo and imagery is owned by Levante, and if used without permission will be met with persecution. Unless authorized in writing by an officer of levantebrewing.com, our trademark, imagery, content, copy, or brand may not be used in connection with any product or service that is not levantebrewing.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits levantebrewing.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based upon, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the site content in any way for any public or commercial purpose without prior written consent of levantebrewing.com. You may not use the site content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the site content will automatically terminate, you must immediately destroy any copies you have made of the site content, and we may end your authorization to use the levantebrewing.com site. Nothing contained in the levantebrewing.com site shall be construed as conferring any license or right under any copyright.

Content Copyright Issues and Claims:

Levantebrewing.com respects all intellectual property of others, and we require our employees to do the same. If you claim that your property has been copied to an extent of copyright infringement, please contact us through our website’s contact form with the following information:

• A description of the relevant work under consideration for copyright infringement
• A description of the work displayed on our site that you claim is the cause for copyright infringement
• Your address, telephone number, email address
• Your statement of belief that the disputed material is not authorized by the copyright owner, its agent, or the law
• A signature of the person authorized to act on behalf of the owner of the copyright material that is claimed to be infringed upon
• Your statement, made under penalty of perjury, that the above information in your claim is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices:

Levantebrewing.com will provide you with notices of consent when you subscribe to one of our services, navigate through certain fields of our website, or input contact information into one of our fields or forms.

Disclaimer of Warranties:

Although levantebrewing.com endeavors to provide current, accurate, and reliable information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability, or any use of information on the levantebrewing.com website. We do not warrant that your use of the levantebrewing.com website, or the operation or function of the levantebrewing.com website, any component or service thereof, or any products, software, or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.

Your use of the levantebrewing.com site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website levantebrewing.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the levantebrewing.com site. The levantebrewing.com site content is provided “as-is” and “as available” without any express, implied, or statutory warranty of any kind including warranties of availability, merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

Limitation of Liability:

In no event shall we, levantebrewing.com, be liable or responsible for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the levantebrewing.com site, the use or performance of the levantebrewing.com site, the delay or inability to use the levantebrwing.com site, the provision of or failure to provide services, or for any events, information, software, products, services, and related graphics obtained through the levantebrewing.com site, or otherwise arising out of the use of the levantebrewing.com site, whether based on contract, tort, negligence, strict liability or otherwise, even if levantebrewing.com or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the levantebrewing.com site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the levantebrewing.com site. This sole and exclusive remedy is separate and independent of any other provision that limits levantebrewing.com’s liability or your remedies.

No responsibility to sell mispriced products or services:

Levantebrewing.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, or refund, or containing any other incorrect information or typographical errors. Levantebrewing.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or payment method has been charged. If your payment method or credit card has already been charged for the purchase and our order is canceled, levantebrewing.com will issue a credit to your payment method or credit card in the full amount of the charge.

Modifications to prices or billing terms:

Levantebrewing.com reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

Force Majeure:

Levantebrewing.com shall be excused from performance under this Terms of Service if levantebrewing.com is prevented, forbidden, or delayed in performing, or omits to perform, any act or requirement under this Terms of Service by reason of (1) any provision of any present or future law or regulation or order of the Commonwealth of Pennsylvania, the United States of America, or any state thereof, (2) any act or omission of a third party, or (3) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of levantebrewing.com.

Survival:

The following provisions shall survive any termination of these Terms of Service: No warranty from levantebrewing.com, limitation of liability, indemnity, and general provisions.

General provisions:

You agree that levantebrwing.com and its licensors may make improvements and/or changes in the site content and services or events described in this site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the levantebrewing.com site may not be legal by certain persons or in certain countries. If any provision of these terms of service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of levantebrewing.com to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision unless acknowledged and agree to by levantebrewing.com in writing. The terms of service comprises the entire agreement between you and levantebrewing.com and supersedes all prior or contemporaneous negotiations, discussions of agreements, if any, between the parties regarding the subject matter contained herein. These terms of service are personal to you and you may not transfer, assign, or delegate these terms of service without the express written permission of levantebrewing.com shall be null and void. These terms of services will inure to the benefit of levantebrewing.com’s successors, assigns, and licensors. The paragraph headings in these terms of services are included to help make the agreement easier to read.

Disputes:

Any dispute or claim relating in any way to your use of any levantebrewing.com service, or to any products or services sold or distributed by levantebrewing.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.

Applicable Law:

By using any levantebrewing.com service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to any principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and levantebrewing.com.

If you have any questions about these terms of service, contact us via our website’s contact form.

Updated 01/29/19