Thank you for visiting our website www.spikedseltzer.com which is owned and provided by Boathouse Beverage, LLC (including its affiliate, “SpikedSeltzer”). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available by clicking here, please do not use the Website or any services offered by the Website.
By entering accessing, browsing, submitting information to, or otherwise using this website, you acknowledge and agree to the following terms and conditions and represent and warrant that you are twenty-one (21) years old or older. If you do not agree to these terms or you are younger than twenty-one (21) years old, do not use this site.

Intellectual property ownership

Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by SpikedSeltzer (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between SpikedSeltzer and you, all right, title and interest in and to the Content will at all times remain with SpikedSeltzer and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of SpikedSeltzer.

Limited use; restrictions on use

You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited. SpikedSeltzer grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without SpikedSeltzer’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of SpikedSeltzer in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to SpikedSeltzer, the Owner, or any third party referenced therein. SpikedSeltzer reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under SpikedSeltzer’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, SpikedSeltzer may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social media sites and third party links

From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). SpikedSeltzer provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. SpikedSeltzer is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon SpikedSeltzer or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with SpikedSeltzer (if any) or any consideration you may receive from SpikedSeltzer in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding SpikedSeltzer or any of its products on any Social Media Site regardless of any material connection you may have with SpikedSeltzer or your receipt of any consideration. If you make any claim regarding SpikedSeltzer or any of SpikedSeltzer’s products on a social media site in violation of the foregoing, you, and not SpikedSeltzer, shall be the sole author of such claim and shall be solely liable therefore.

Submitted ideas

While SpikedSeltzer appreciates your interest, we expressly request that you do not submit any ideas or information except via the website available at www.ab-ideas.com. All submitted ideas will be subject to the policies published at www.ab-ideas.com. We ask that you never submit an idea that you consider to be confidential and/or proprietary. If you chose to ignore this request and submit any ideas or information other than via www.ab-ideas.com, please be aware that, except with respect to your personally identifiable information, (which is governed by our Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of SpikedSeltzer. Further, you understand and acknowledge that SpikedSeltzer employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your suggestions and that SpikedSeltzer is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that SpikedSeltzer assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion. Without limitation, SpikedSeltzer shall exclusively own, and you hereby irrevocably transfer and assign to SpikedSeltzer, all now known or hereafter existing rights in and to the suggestion, and SpikedSeltzer shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

Community guidelines

In addition to links to Social Media Sites, the Website itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the SpikedSeltzer relevant sections of the Social Media Sites, the “Community Forums”). If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply.

  • SpikedSeltzer shall monitor the Community Forums on a regular basis for compliance with the Beer Institute Advertising and Marketing Code and for any readily apparent violations of these Terms of Use or illegal content. Notwithstanding the foregoing, you acknowledge that SpikedSeltzer is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
  • You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. SpikedSeltzer reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
  • By using this site, you: (a) direct SpikedSeltzer to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant SpikedSeltzer an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature. In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions. Finally, you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):
  • Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
  • Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SpikedSeltzer or its affiliates or its users to any harm or liability of any type.

No archive

Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive. SpikedSeltzer shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

United states only

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the SpikedSeltzer Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Oregon with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Oregon, and (c) the exclusive jurisdiction of the courts of the United States and the State of Oregon. Any claim or dispute between you and SpikedSeltzer that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Bend, Oregon, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Disclaimers

Without limiting the foregoing, the Content and all other features on the Website are provided to you “as is” and “as available” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then SpikedSeltzer hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from SpikedSeltzer, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, SpikedSeltzer does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. SpikedSeltzer reserves the right to change any part of the Website at anytime without notice.

Limitation of liability

Your use of the Website is at your own risk. Neither SpikedSeltzer, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if SpikedSeltzer was advised of the possibility of such damages. If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against SpikedSeltzer and its affiliates, agents, representatives and licensors arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of SpikedSeltzer and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Digital millennium copyright act

SpikedSeltzer is committed to respecting and protecting the legal rights of copyright owners. As such, SpikedSeltzer adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to SpikedSeltzer’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

SpikedSeltzer’s Copyright Agent to receive DMCA Takedown Notices is: email: trademarks@anheuser-busch.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for SpikedSeltzer to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No framing; links; third party sites

Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from SpikedSeltzer

Ability to accept terms of use

You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SpikedSeltzer without restriction.

Notice

From time to time, SpikedSeltzer may revise these Terms of Use. To help you stay current of any changes, SpikedSeltzer takes the following two steps: (1) SpikedSeltzer notes the date the Terms of Use was last updated below and (2) when SpikedSeltzer makes a change to the Terms of Use, SpikedSeltzer posts conspicuous announcements of such changes on the Website next to the link to these Terms and Conditions. Your use of the Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. SpikedSeltzer strongly recommends checking Terms of Use periodically. If, and only if, SpikedSeltzer makes revisions to the Terms of Use that result in a material lessening of the restrictions on SpikedSeltzer’s use or disclosure of your Personal Information, SpikedSeltzer will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

Miscellaneous

SpikedSeltzer’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This privacy policy is designed to inform you about the information that BoathouseBeverage, LLC (Boathouse) collects while you use our website, why we collect such information and how we use information we learn about you from your visit to our website. This Policy will also provide you with instructions regarding what to do if you don’t want to share personal information with Boathouse when you visit our website.

Your use of this website signifies your consent to the collection and use of your personal information as described herein. If you do not agree to our privacy policy, please do not use this website.

The www.spikedseltzer.com website is offered for personal use by those who are of legal drinking age in their jurisdictions (21 years of age or older in the United States of America).

We reserve the right, at our complete discretion, to change, modify, add or remove portions of this policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it. We urge you to read the complete privacy policy below, as well as our terms and conditions.

Personal Information and How We Use It

When you visit our website, we may ask you for personal information should you, for example, choose to make a purchase from our e-store, participate in sweepstakes or other special promotions, and/or request a newsletter.

The information we may ask you to input includes your name, address, telephone number, e-mail address, date of birth, age, credit card information, and shipping information. We collect some or all of this information when you purchase items through our electronic commerce offerings, register for a sweepstakes and/or choose to participate in other interactive offerings on our website.

We may also ask for your comments, suggestions, or other information relating to our website, our products or services, or the company. There is also information about your computer hardware and software that is automatically collected when you visit our website. This information can include: your IP address, browser type, domain names, access times and referring website addresses.

Our primary purpose in gathering this personal information is to improve our products and services, gain aggregate information on what pages people visit as well as to customize future visits to our website (as applicable) and inform you of products, services and special promotions that may be of interest to you. For example, we may use your personal information to process purchases and entries for sweepstakes, to deliver products and prizes to you, and to communicate with you in connection with your use of other interactive areas of the website. We may also send emails regarding promotions, new offerings or features. In addition, we may send emails in response to emails that we receive from users of this website.

Information You Share With Us

You post User Content (as defined in the Boathouse Terms and Conditions) on this Website at your own risk. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on this website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on this website. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Cookies and How We Use Them

When you use our website, we may assign cookie files to you, which are a small amount of data we send to your web browser. Cookies enable the computers operating our website to differentiate between visitors and to track the patterns of activities engaged in by different visitors. By tracking such activities, the computers operating our website can recognize a visitor and customize certain features for that visitor. We use these cookies to ensure that we do not receive multiple sweepstakes entries from the same individual. We may also use aggregated, non-identifiable data regarding persons who visit our website in order to learn more about the use of this website and how we can improve it.

You may be able to modify your browser preferences to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose not to accept cookies, you may not be able to use those functions of the website that require registration, such as sweepstakes or electronic commerce.

Who Else Received Your Personal Information?

We rely on third-party service providers and other businesses with whom we contract to help provide you the services we offer on this website. Where you participate in a service that we operate with the help of third parties, we will need to share information you provide to us with those third parties. For example, when you make a purchase, we share the information you provide in registering for that purchase with vendors needed to fill the order, with credit card processing companies who process the transaction, and with service providers who help us make this service operate online. These companies have agreed not to disclose any of your personal information for any purpose unrelated to providing the services offered on our website. We also may be partnering with other third parties on a given promotion or sweepstakes; those third parties may be given access to your personal information, and have agreed to treat such information as outlined in this Privacy Policy. We may also share aggregated, non-identifiable data regarding persons who visit our website in order to promote our products and to expand and develop new relationships with others.

Linking to Third Party Websites

Keep in mind when you access websites operated by other parties, whether through links on our website or otherwise, that we do not control what happens on those websites. You should always check the privacy policy of the website you are visiting in order to be sure you know how the operator of that website will collect data from you and what the operator of that website will do with the data. Inclusion of any link on our website does not constitute an endorsement or recommendation by Boathouse of the linked website or any association with its operators.

Choices Regarding the Collection and Use of Your Information

You may avoid the collection of personal information by declining to purchase any products from our e-store, and by not participating in sweepstakes or other interactive aspects of this website for which we require such information.

We provide users the opportunity to opt out of receiving promotional materials via emails. These opt-out features are located in the registration areas for purchases, newsletter sign-up, and sweepstakes.

Security of Your Personal Information

While no transmission over the Internet can ever be 100% secure, we try to protect your data by using SSL (secure socket layer) encryption, an industry standard. However we are not responsible for any unauthorized interception of such data.

Questions and Contact Information

We hope you will enjoy your use of our website.

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