These Terms of Service are a binding legal agreement between you and Threefold Holdings LLC dba Threes Brewing, including its subsidiaries and affiliates (collectively “we”, “us”, “our” or “Threes”).
Please read these Terms of Service (the “Terms of Service” or “Terms”) completely and carefully before using any websites or software applications offered by us (“Sites”) or placing any orders through our Sites or anywhere else we sell goods or services (with Sites, the “Services”).
By using our Services in any manner, such as visiting, browsing, or purchasing, you agree to these Terms of Service and all other rules, policies, and procedures that we publish on the Sites, each of which is incorporated by reference.
We may update our Terms of Service from time to time by posting a notice on the Site or by sending you notice through the Services, by email, or by another appropriate means of electronic communication. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
You may use the Services only if you’re at least 21 years of age and only if it’s legal in your jurisdiction. By using the Services, you represent and warrant that:
- - You are at least 21 years of age.
- - At time of delivery, someone who is at least 21 years of age will be available to and will receive the delivery.
- - You will ensure that any products you order through our Services will be consumed by people who are at least 21 years of age.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. The Services are offered only for your use, and not for the use or benefit of any third party. You agree to follow all related federal, state, and local laws. You represent that your use of our Services is permitted under the laws in your jurisdiction. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service.
If you do not accept these Terms of Service, you are prohibited from using our Services in any manner.
We can make changes to our Services without notice or liability. We can decide who’s eligible to use our Services. We can cancel accounts or decline to offer our Services to anyone for any reason at any time. We’re not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
These Terms have a section called "Dispute Resolution" on how we'll settle any disputes with you, including an arbitration clause and class action waiver. By accepting these terms, you agree to those clauses. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See below for more information.
Ordering and Purchasing Products
Our Services offer various goods and services for purchase. An order submitted by you constitutes a legally binding offer given by you to us to purchase the goods and services in your order, subject to these Terms of Service. All orders are subject to acceptance by us. We may cancel or rescind a previously accepted order for any or no reason, without liability or penalty, and without constituting a waiver of any of our rights or remedies under this Agreement. You need to provide various pieces of information to complete your purchase, including a delivery location. If your state requires that the shipment go to a business address, then you agree to submit only a business address for the shipment. You warrant that any information you provide to us is accurate and that you have the legal authority to submit it. By submitting your information and entering an order, you are committing to purchase the goods or services in your order. We may use third parties to facilitate the Services, including processing payments for us.
Promotions, Discounts, Credits, Coupons
We may occasionally offer promotions, discounts, credits, or coupons (“Promotions”) for our Services. Our Promotions always have expiration dates. Any solicitation, invitation, offer, advertisement, or communication to purchase, or Promotion from us is void where prohibited by law. Promotions have no cash value, can’t be redeemed for cash, can’t be combined with any other offers, and are limited to one per order. The unauthorized sharing, reproduction, resale, modification, or trade of coupon codes is prohibited.
The Service may include automatic recurring payments for periodic charges (“Subscriptions”). When you activate a Subscription, you provide us your payment information and authorize us to periodically charge you the subscription fees and related costs, such as shipping fees and taxes, on a going-forward basis and until cancellation of the subscription. We have the right to cancel your subscription at any time for any reason without liability of any kind. For subscriptions with an end date, you may not cancel the subscription. For subscriptions with no end date, you may cancel your subscription with notice of at least three days before your next subscription delivery. For a cancellation to be valid, you must receive confirmation of the cancellation from us. To change or cancel your subscription, email us at firstname.lastname@example.org. If any of your payment information changes, you must update that information through our Services. Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your payment method for that Subscription.
Order Rules, Returns, and Refunds
You agree to contact us directly if you have any issues with an order and not submit a chargeback to your credit card company until you have first contacted us directly and unless you have good cause to do so.
All orders are final and non-refundable 7 days after you receive them or 21 days after you place the order, whichever is shorter (“Notice Period”). Except as provided under these Terms of Service, you have no right to a refund or to return goods to us. You will be deemed to have accepted the goods unless you give us written notice of any nonconforming goods (goods that do not materially conform with the goods you ordered through our Sites). Such written notice must state with specificity all defects and nonconformities and furnish such other written evidence or other documentation as may be reasonably required by us. All defects and nonconformities that are not so specified will be deemed waived by you, such products will be deemed to have been accepted by you, and no attempted revocation of acceptance will be effective. Upon receipt of such written notice, we will determine, in our reasonable discretion, whether the products are nonconforming products. If you give us written notice of nonconforming goods within the Notice Period, and we determine that such goods are nonconforming, we will refund to you the amount paid by you to us for the nonconforming goods. The remedies in this section are your sole and exclusive remedies for any nonconforming goods ordered through our Services.
When you place an order for any products we sell, whether in person, through our website, electronically, by phone, or any other means, title and ownership of the goods pass to you at our location in New York State at the time of purchase. We have the right to cancel any order, even after title and ownership has transferred to you. We make no representation about your right to import any goods into your state. You are responsible for the delivery and importation of the goods to your shipping destination. You are responsible for any compliance, legal, and taxation obligations in your local jurisdiction. By placing an order, you warrant that your order complies with the laws in your local jurisdiction, that the recipient of the goods is legally permitted to receive those goods, that the goods will be received and used in a lawful manner, and that you will pay any applicable taxes and fees. You authorize us to act on your behalf to engage a common carrier or other third-party to deliver your order to you. Orders may be shipped by a third-party carrier not affiliated with or controlled by us.
Intellectual Property and Content
For purposes of these Terms of Service, the term “Content” includes, without limitation, text, data, photographs, illustrations, videos, audio recordings, artwork, user interfaces, products, comments, software, scripts, and graphics made accessible on or through the Services. The Services may contain Content provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services as contemplated by us and these Terms of Service is expressly prohibited without prior written permission from us.
All Content that is not generated by our users is owned, controlled, and licensed by Threes. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to download and display locally Content solely for purposes of using the Services.
We do not guarantee that any Content will be made available on our Sites. We reserve the right, but do not have any obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all.
You and other users of our Sites may be able to post Content through our Sites including, without limitation, reviews, survey responses, comments, and other Content (“User Generated Content”). You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content. You agree that you have the rights to use any Content you post on our Sites. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on our hosting of that Content.
Any User Generated Content is the sole responsibility of the person who originated or posted the content. User Generated Content includes Content provided by users through third-party services such as a user’s social media account (for example, Facebook, Instagram, and Twitter). You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules, and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all related intellectual property rights). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. We comply with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is: email@example.com.
The Services may link to other websites, services, or resources on the internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Communication, Customer Support, Email, Text Messaging
We may correspond with you by phone, email, text message, and other ways. By giving us your email or phone number, you’re consenting to our use of those for the purposes of providing and marketing our Services. You are responsible for any fees and costs associated with your communication systems. If you’d like us to stop corresponding with you in any way, just tell us.
Warranty Disclaimer, Release, Assumption of Risk, and Limitation of Liability
To the fullest extent permitted by law, in no event will we, our directors, employees, partners, suppliers, or content providers be liable under contract, tort, strict liability, negligence, other other legal or equitable theory, or otherwise for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars. These limitations apply only to the extent permitted by law. You assume all risk and liability for your use of our Services, including your consumption of any goods you order through our Services.
You use our goods solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
You agree to indemnify, defend, and hold harmless Threes and our employees, contractors, directors, officers, suppliers, and representatives against all claims, liabilities, and expenses (including taxes, interest, penalties, and attorney fees) that relate to or arise from your use of the Services.
You and Threes agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or their breach, termination, enforcement, interpretation, or validity, or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Threes are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Threes otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Disputes section will be deemed void. Except as provided in the preceding sentence, this Disputes section will survive any termination of these Terms.
These Terms are governed by the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. This agreement to arbitrate evidences a transaction in interstate commerce, therefore the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Disputes section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1--800--778--7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Disputes section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in New York State and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Threes otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Threes submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section in these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of reasonable attorneys' fees and expenses, to the extent provided under applicable law. Threes will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Responsibility for all fees associated with any Disputes will be paid as set forth in the AAA Rules.
If Threes changes this Disputes section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Threes's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Threes in accordance with the provisions of this Disputes section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Governing Law and Jurisdiction
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York.
These Terms and the other material referenced in them are the entire agreement between you and us with respect to our Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and us with respect to our Services and govern our relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or us to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. Neither you nor Threes has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or email; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
Any headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of the words “including”, “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.
Effective Date: April 8, 2021