Olde Forge App User Agreement
Updated March 1, 2020
You agree to be bound by the terms of this User Agreement (these “Terms”) any time you use or access this App. Your use of the App is subject to your acceptance and compliance with these Terms. “Use” means to access, install, download, copy or otherwise benefit from using the functionality of the App, in case you were confused by the word “use”. If you do not agree to these Terms, do not use the App. Each time you access or use the App, the current version of these Terms will apply, because we may change them from time to time, so check back regularly.
Sorry, but we have to shout this next bit (cover your ears):
BY ACCESSING OR USING THE APP, YOU CONFIRM THAT YOU ARE AT LEAST 21 YEARS OLD (OR IF YOU ARE UNDER 21 YEARS OLD, THAT YOU ARE USING THE APP ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
As used in this Agreement, the “App” includes any upgrades, modified versions, updates, additions, and copies of the App, if any, provided to you by us now or in the future.
ThinkBerkshire as the licensor, grants you as the licensee, a non-exclusive, limited, revocable, non-transferable license to use this App, subject to your compliance with this Agreement, as follows:
You may install the App on as many devices as you wish. You may use the App simultaneously on multiple devices, though we wouldn’t recommend it as you might confuse the Database.
Except as and only to the extent permitted in this Agreement and by applicable law, You may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the App. Basically, don’t copy our App – come up with your own ideas.
The App is protected by copyright laws and international copyright treaties, as well as other laws. We reserve all rights not expressly granted to you. ThinkBerkshire retains the ownership of the copyright in and to the App, except for those bits where someone else owns the copyright.
Without prejudice to any other rights, we may terminate this Agreement if you fail to comply with it. In such event, you must remove all copies of the App from your devices and stop using the App. So there.
If you don’t like this App, you agree to stop using it.
We have taken reasonable measures to ensure the accuracy of the information contained in this App. However, there are a lot of beers on the Olde Forge menu and we may have gotten some information wrong. If you find a mistake, we would appreciate it if you would tell us about it rather than complaining. There is even a handy dandy button on the About page to email us a comment.
That said, the Olde Forge may change their menu, their prices, or anything else they desire at any time, so check with them if you really want to know if something is available or how much it costs. Other information about the beers was taken from the brewers’ websites, random beer bottles, and in some cases (gasp) the Interwebs. That information is also subject to change, so deal with it. Anyway, reliance on the information in this App shows a certain lack of judgment on your part, so don’t tell anyone or you might be embarrassed.
We do not guarantee, represent or warrant that your use of this App will be uninterrupted, timely, secure or error-free, or that anything about your use of this App will be accurate or reliable or even remotely helpful or useful.
YOU EXPRESSLY AGREE THAT THE APP IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE APP, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF ANY SERVICES RELATED TO THE APP, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE APP WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE APP MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
You agree to indemnify us and hold us harmless from any and all claims, liabilities, costs and expenses, including reasonable (are they ever reasonable?) attorneys’ fees (collectively, “Claims”), that actually or allegedly result from your use of this App, or your breach of these Terms. You agree to be solely responsible for defending any Claims against or suffered by us subject to the our right to participate with counsel of our own choosing, and for payment of damages or losses resulting from all Claims against us provided that you will not agree to any settlement that imposes any obligation or liability on us without our prior express written consent.
Limitation of Liability
(Still more shouting)
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THINKBERKSHIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THINKBERKSHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL THINKBERKSHIRE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00).
Furthermore, if for some reason you want to sue the makers of this App you agree to get a life and find something better to do with your time.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. The federal or state courts located in or within 100 miles of Pittsfield, Massachusetts, shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Pittsfield, Massachusetts. The arbitrator shall apply the laws of the Commonwealth of Massachusetts, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
Complete Agreement and Severability
This Agreement is the entire agreement between you and us relating to the use of the App. No amendment to or modification of this Agreement is binding unless in writing and signed by ThinkBerkshire. The failure to enforce any rights or to take action in the event of a breach of these Terms shall not be deemed a waiver of subsequent enforcement of rights or actions for future breaches. If any provision of this Agreement is declared void or unenforceable it shall not affect the validity of enforceability of the remaining provisions.
And that’s the end. Congratulations for getting through it all.