Terms of Service

1) Acceptance of Terms

FirstStateBrewers.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. The most up-to-date version of the TOS is located at http://www.FirstStateBrewers.com/tos.php.

2) Description of Service

FirstStateBrewers.com provides Visual Basic® related content, as well as tools, applications, and communication services (forums, chat, etc.) to its users. Advertisements may be displayed with such services. All FirstStateBrewers.com services, new or existing, are governed by the TOS. The user understands and agrees that these services are provided "AS-IS" and that FirstStateBrewers.com assumes no responsibility for the deletion, modification, timeliness, or accuracy of these services or the information they provide. The user understands that they are responsible for all charges, fees, and equipment that is necessary to access these services, and under no circumstances shall FirstStateBrewers.com reimburse the user for any charges they incur.

3) Privacy

FirstStateBrewers.com's Privacy Policy is located at http://www.FirstStateBrewers.com/privacy.php.

4) Conduct

The user understands that all content is the responsibility of the user it originated from. In other words FirstStateBrewers.com is not responsible for any content uploaded or submitted by the users of its services. Under no circumstances will FirstStateBrewers.com be liable in any way for any content, or accuracy thereof, made available via these services.

The user agrees not to:

  1. Submit content to these services that is illegal, harmful, vulgar, or obscene, discriminating, defamatory, or otherwise objectionable.
  2. Impersonate any person or entity.
  3. Submit content that the user does not have legal rights to do so.
  4. Submit content that is determined to be "spam", "junk mail", a "pyramid scheme", "chain letters", or other forms of solicitation unless expressly stated or implied otherwise.
  5. Damage, degrade, or terminate a service in use by another user.
  6. Harass another user of these services.
  7. Damage, degrade, or terminate the network(s) that these services utilize.
  8. Intentionally or unintentionally violate any applicable local, state, federal, or international laws.

5) International Use

Recognizing the global nature of the Internet, the user agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6) Indemnity

The user agrees to indemnify and hold FirstStateBrewers.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content the user submits, posts, transmits or makes available through the Service, the use of the Service, the connection to the Service, the violation of the TOS, or the violation of any rights of another.

7) No Resale of Service

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of these services, use of these services, or access to these services.

8) Modifications to Service

FirstStateBrewers.com holds the rights to suspend, either temporarily, permanently, or indefinately any of the services it offers at anytime without notice to the users of the services.

9) Termination

FirstStateBrewers.com may terminate or suspend a users account, password, or any information pertaining to the user at anytime without prior or future consent or notice.

10) Advertisers

FirstStateBrewers.com and its services may display advertisements along with those services. The user understands that any advertisements displayed do not reflect the feelings or intentions of FirstStateBrewers.com. The user understands that any transaction or communication with advertisers is not regulated by FirstStateBrewers.com and therefore FirstStateBrewers.com can not be held responsible for any dealings with advertisers.

11) Links

Due to the nature of the internet FirstStateBrewers.com can not be held responsible for links outside of its domain (FirstStateBrewers.com.com) and any content displayed outside of this domain does not reflects the feelings or intentions of FirstStateBrewers.com.

12) Propriety Rights

The user acknowledges and agrees that the services provided by FirstStateBrewers.com and their software contain proprietary and confidential information that is protected by intellectual property rights and other laws. Unless expressly authorized by FirstStateBrewers.com these services and software can not be sold, modified, rented, leased, reverse engineered, or used to derive other products, services, or software.

13) Disclaimer of Warranties

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

  1. THE USE OF THE SERVICE IS AT THE SOLE RISK OF THE USER. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FirstStateBrewers.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. FirstStateBrewers.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE USERS REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET THE USER'S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM FirstStateBrewers.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14) Limitation of Liability

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT FirstStateBrewers.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FirstStateBrewers.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15) Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16) Notice

FirstStateBrewers.com reserves the right to contact the users of its services via mail or email. FirstStateBrewers.com may or may not contact the users of its services regarding updates to the TOS or other rules, regulations, or documents, services or products pertaining to FirstStateBrewers.com.

17) Trademark Information

FirstStateBrewers.com, FirstStateBrewers.com.com, associated logos, select services, and select products are trademarks of FirstStateBrewers.com.

18) Copyright(s)

FirstStateBrewers.com respects intellectual property rights and expects its users to do the same. In the event that a user's copyrights have been violated we urge you to contact us with complete details via the online contact form.

19) General Information

The TOS constitute the entire agreement between you and FirstStateBrewers.com and govern the user of the service, superceding any prior agreements between the user and FirstStateBrewers.com. The user also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The user and FirstStateBrewers.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county that legal proceedings take place. The failure of FirstStateBrewers.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FirstStateBrewers.com's services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20) Violations

Any violations to the TOS should be reported via the online contact form.