Terms & Conditions

Thank you for visiting our website or mobile application on which these Terms and
Conditions reside (collectively, the “Platform”), which is owned and provided by
Galveston Island Brewing (including its affiliates, “Galveston Island Brewing”).Your
use and access of the Platform 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, please do not use the Platform or any services offered by the
Platform. BY ENTERING ACCESSING, BROWSING, SUBMITTING
INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU
ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT
TO JURY TRIAL, AND YOU 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 WEBSITE.


Member Accounts: In order to use certain features of the Platform, you may need
to create an account (“User Account”).If the Platform requires you to create a User
Account, you may never use another User’s Account without permission. All
content posted by you via your User Account must comply with the Beer Institute
Advertising and Marketing Code.


Intellectual Property Ownership: Unless otherwise noted, all text, content and
documents on the Platform, any names, logos, trademarks, service marks, brand
identities, characters, trade names, graphics, designs, copyrights, trade dress, or
other intellectual property appearing in the Platform, and the organization,
compilation, look and feel, illustrations, artwork, videos, music, software and other
works on the Platform (the “Content”) are owned by Galveston Island Brewing (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
Galveston Island Brewing and you, all right, title and interest in and to the Content
will at all times remain with Galveston Island Brewing and/or its Owners. All brand
names, product names, titles, slogans, logos, or service names and other marks
used on the Platform, are registered and/or common law trade names, trademarks
or service marks of Galveston Island Brewing.


Limited Use; Restrictions on Use: You are permitted to use the Content and/or
any services and products on the Platform for lawful purposes as provided in the
Terms and Conditions only; any other use or misuse of any Content is strictly
prohibited. Galveston Island Brewing 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 Galveston Island
Brewing 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 Galveston Island Brewing 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 Platform, the Content, and/or any
portion thereof, in any manner that may give a false or misleading impression,
attribution or statement as to Galveston Island Brewing, the Owner, or any third
party referenced therein. Galveston Island Brewing 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 Platform shall be construed as conferring
any license under Galveston Island Brewing and/or its Owner’s intellectual property
rights, whether by estoppel, implication or otherwise. Not with standing anything
herein to the contrary, Galveston Island Brewing may revoke any of the foregoing
rights and/or your access to the Platform, 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 Platform 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”). Galveston Island Brewing provides these features,
functionality and links to you only as a convenience and does not endorse any
Linked Sites or Social Media Sites. Galveston Island Brewing 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 Galveston Island Brewing or any of its
products, you agree that you will always clearly and conspicuously disclose any
material connection you have with Galveston Island Brewing (if any) or any
consideration you may receive from Galveston Island Brewing in connection with
your comment (if any). Under no circumstances are you authorized to make any
claim regarding Galveston Island Brewing or any of its products on any Social
Media Site regardless of any material connection you may have with Galveston
Island Brewing or your receipt of any consideration. IF YOU MAKE ANY CLAIM
REGARDING GALVESTON ISLAND BREWING OR ANY OF GALVESTON
ISLAND BREWING’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION
OF THE FOREGOING, YOU, AND NOT GALVESTON ISLAND BREWING,
SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY
LIABLE THEREFORE.

Submitted Ideas: While Galveston Island Brewing appreciates your interest, we
expressly request that you do not submit any ideas, suggestions, concepts,
techniques, procedures, methods, systems, designs, plans, charts, or similar
materials (collectively “Submitted Ideas”) except via the website available at
www.galvestonislandbrewing.com. All Submitted Ideas will be subject to the
policies published at www.galvestonislandbrewing.com. We ask that you never
submit an idea that you consider to be confidential and/or proprietary. All Submitted
Ideas disclosed or offered to us by you shall be deemed to be non-confidential and
non-proprietary and shall become the exclusive property of Galveston Island
Brewing. Further, you understand and acknowledge that Galveston Island Brewing
employs both internal and external resources which may have developed or may in
the future develop ideas identical or similar to your Submitted Ideas and that
Galveston Island Brewing is only willing to consider the suggestion on these terms.
In any event, you acknowledge and agree that Galveston Island Brewing assumes
no obligation of confidentiality or nondisclosure, express or implied by considering
your Submitted Ideas. Without limitation, Galveston Island Brewing shall be entitled
to unrestricted use of the Submitted Ideas (in whole or in part and including, without
limitation, any derivations thereof) for any purpose whatsoever, commercial or
otherwise without any form of compensation.


Posting Policy
1. Community Guidelines: In addition to links to Social Media Sites, the
Platform 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
Galveston Island Brewing relevant sections of the Social Media Sites, the
“Community Forums”).If the Platform includes any Community Forums, the
restrictions and obligations contained in this Section shall apply.


2. Galveston Island Brewing 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 and Conditions
or illegal content. Notwithstanding the foregoing, you acknowledge that
Galveston Island Brewing 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.


3. 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. Galveston Island Brewing reserves the right, in its sole
discretion, to refuse to post or remove any material submitted or posted on
the Community Forums.


4. By using this site, you: (a) authorize Galveston Island Brewing to collect and
store any comments, images, or other content that you upload, post, or
submit (“Submissions”) on our servers and systems in accordance with
our Privacy Policy, (b) grant Galveston Island Brewing 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 Submissions 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”):


5. 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.


6. 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.


7. Any Submission that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party.


8. Any Submission that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity.


9. Unsolicited promotions, political campaigning, advertising or solicitations.


10. Private information of any third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security numbers and credit card
numbers.

11. 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 Galveston Island Brewing or its
affiliates or its users to any harm or liability of any type.


No Archive: Even if this Platform includes features and functionality that permit
you to upload certain Submissions to our services or systems, this Platform is not
and shall not function as an archive. Galveston Island Brewing 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: This Platform is intended only for users in the United States.
By using the Platform, you agree and acknowledge that the Platform is hosted in
the United States and that data collected through the Platform will be stored and
processed in the United States. Please be advised that through your continued use
of this Platform, which is governed by U.S. law, these Terms and Conditions, and
the Galveston Island Brewing 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 Missouri with
respect to any dispute arising from or related to the Privacy Policy and/or your use
of the Platform, 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 Missouri, and (c) the exclusive jurisdiction of the
courts of the United States and the State of Missouri.


Disclaimers: Galveston Island Brewing reserves the right to change any part of the
Platform at any time without notice, subject to the “NOTICE” provision set forth
below.


Warranties, Limitation of Liability: THIS PLATFORM IS PROVIDED ON AN “AS
IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO
THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. Neither
Galveston Island Brewing , 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 (or inability to use) the Platform,
or arising out of any action taken in response to or as a result of any Content or
other information available on the Platform, however caused, whether based on
breach of contract, tort, proprietary rights infringement, product liability or otherwise

except in the event Galveston Island Brewing fails to take reasonable security
precautions as described in our  Privacy Policy or is otherwise negligent. The
foregoing shall apply even if Galveston Island Brewing was advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH
SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT
DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR
NEGLIGENT OR RECKLESS ACTS.If you become dissatisfied in any way with the
Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy is
to stop your use of the Platform and its services. You hereby waive any and all
claims against Galveston Island Brewing and its affiliates, agents, representatives
and licensors arising out of your use of the Platform except in the event Galveston
Island Brewing fails to take reasonable security precautions as described in
our Privacy Policy or is otherwise negligent.


Digital Millennium Copyright Act:  Galveston Island Brewing is committed to
respecting and protecting the legal rights of copyright owners. As such, Galveston
Island Brewing 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 Galveston
Island Brewing ’s designated agent, (“Copyright Agent”), as set forth below, and (ii)
include the following:


1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.


2. 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.


3. 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.


4. Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail.

5. 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.


Galveston Island Brewing’s Copyright Agent to receive DMCA Takedown Notices
is: email: info@galvestonislandbrewing.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 Platform. You acknowledge that in order for Galveston
Island Brewing 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 Platform are expressly prohibited without prior written approval
from Galveston Island Brewing.


Ability to Accept Terms and Conditions: 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 and
Conditions, and to abide by and comply with the Terms and Conditions.


Assignment: The Terms and Conditions, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
Galveston Island Brewing without restriction.


Notice: From time to time, we may revise these Terms and Conditions. To help you
stay current of any changes, Galveston Island Brewing may take one or more of
the following steps: (1) Galveston Island Brewing notes the date the Terms and
Conditions was last updated above, and (2) when Galveston Island Brewing makes
a material change to the Terms and Conditions, we may post conspicuous
announcements of such changes on the Platform next to the link to these Terms
and Conditions. Your use of the Platform following the posting of any revised Terms
and Conditions shall be deemed acceptance of the revised Terms and Conditions.


Galveston Island Brewing strongly recommends checking the Terms and
Conditions periodically. If we are required by law to obtain your express consent for
any changes to the Terms and Conditions, then we will make a commercially
reasonable attempt to obtain your consent before implementing such revisions.


Binding Arbitration:  Any controversy or claim arising out of your use of the
Platform, these Terms and Conditions, and/or our Privacy Policy shall be settled by
binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a
location determined by the arbitrator as set forth herein (provided that such location

is reasonably convenient for claimant), or at such other location as may be mutually
agreed upon by the parties, in accordance with the procedural rules for commercial
disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS
(“JAMS Rules and Procedures”) then prevailing, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The arbitrator shall be selected pursuant to the JAMS Rules and
Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS
Rules and Procedures or to submit a claim for arbitration.


In resolving a claim for arbitration, the arbitrator shall apply Missouri law consistent
with the Federal Arbitration Act and applicable statutes of limitations, and shall
honor claims of privilege recognized at law. In the event that you are able to
demonstrate that the costs of arbitration will be prohibitive as compared to the
costs of litigation, we will pay as much of your filing and hearing fees in connection
with the arbitration as the arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive. If any part of this arbitration provision is deemed to be
invalid, unenforceable or illegal (other than that claims will not be arbitrated on a
class or representative basis), or otherwise conflicts with the rules and procedures
established by JAMS, then the balance of this arbitration provision shall remain in
effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained herein. If,
however, the portion that is deemed invalid, unenforceable or illegal is that claims
will not be arbitrated on a class, representative, or collective basis, or as a private
attorney general on behalf of other persons similarly situated, then the entirety of
this arbitration provision shall be null and void, and neither you nor we shall be
entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to
such arbitration shall have the right of discovery, which discovery shall be
completed within sixty days after the demand for arbitration is made, unless further
extended by mutual agreement of the parties. Disputes regarding the arbitrability of
any claim shall be resolved by the arbitrator.


THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL
BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY
GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.THE
ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER
PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN,
YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND
LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT
AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Miscellaneous: Galveston Island Brewing’s failure to enforce any provision of the
Terms and Conditions shall not be deemed a waiver of such provision nor of the
right to enforce such provision. A printed version of the Terms and Conditions and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to the Terms and Conditions to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.


If you have any questions or comments regarding this Privacy Policy call us at
(409)740-7000 Monday through Friday, 9am to 4pm CST, or email us
at cinfo@galvestonislandbrewing.com.


Thank you for visiting our site.
©2022, Galveston Island Brewing.