Terms of Use

The BrewBids.com Website and affiliated Web properties (collectively, the “Website” located at www.BrewBids.com) are subject to the following terms of use (“Terms”):

BrewBids reserves the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without notice to the End User. By using this Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

These Terms were last updated on June 9th, 2017.

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY AS THE CROW FLIES, LLC. (“BrewBids”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BREWBIDS.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY BREWBIDS ON THE SITE AND ANYWHERE THE SITE IS EMBEDDED.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. BrewBids is a Venue

BrewBids acts as a venue to allow users who comply with BrewBids’s policies to offer, sell and buy goods. BrewBids is not directly involved in the transaction between buyers and sellers. As a result, BrewBids has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BrewBids does not pre-screen users or the content or information provided by users. BrewBids cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, BrewBids does not transfer legal ownership of items from the seller to the buyer.

BrewBids cannot guarantee the true identity, age, and nationality of a user. BrewBids encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that BrewBids is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BrewBids. You use the BrewBids service at your own risk.

2. Membership Eligibility

Age: BrewBids’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BrewBids may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use BrewBids’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by BrewBids’s policies as stated in the Agreement and the BrewBids policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BrewBids, each of which is incorporated herein by reference and each of which may be updated by BrewBids from time to time without notice to you:

  • Fees Policy
  • Privacy Policy
  • Billing Policy

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Right to Refuse Service: BrewBids’s services are not available to temporarily or indefinitely suspended BrewBids members. BrewBids reserves the right, in BrewBids’s sole discretion, to cancel unconfirmed or inactive accounts. BrewBids reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

BrewBids’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for BrewBids’s services are effective after BrewBids provides you with notice by posting the changes on the Site. However, BrewBids may choose to temporarily change the Fees Policy and the fees for BrewBids’s services for promotional events; such changes are effective when BrewBids posts the temporary promotional event on the Site. BrewBids may, at BrewBids’s sole discretion, change some or all of BrewBids’s services at any time. In the event BrewBids introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, BrewBids may issue a credit for the applicable fees to a seller’s billing statement.

You are responsible for paying all fees and applicable taxes associated with using BrewBids. BrewBids provides plans for both automatic and manual bill payment as outlined in BrewBids’s Billing Policy. BrewBids will send an invoice to the buyer’s email address on file detailing the amount due for the prior month’s fees and charges. The buyer must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

Fees and Termination: If BrewBids terminates a listing or your account, if you close your account, or if the payment of your BrewBids fees cannot be completed for any reason, you remain obligated to pay BrewBids for all unpaid fees plus any penalties, if applicable. If the buyer’s account is not paid in full and becomes past due, the buyer risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email support@BrewBids.com.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with BrewBids’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listings. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers/Buyers may charge reasonable shipping and handling fees to cover the costs for shipping the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to BrewBids and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on BrewBids.

Restricted Activities: Your Content and your use of BrewBids shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BrewBids staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  6. Be obscene or contain child pornography
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  8. Host images not part of a listing
  9. Modify, adapt or hack BrewBids or modify another website so as to falsely imply that it is associated with BrewBids;
  10. Appear to create liability for BrewBids or cause BrewBids to lose (in whole or in part) the services of BrewBids’s ISPs or other suppliers
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.

Furthermore, you may not list any item on BrewBids (or consummate any transaction that was initiated using BrewBids’s service) that, by paying to BrewBids the buying fee or the final value fee, could cause BrewBids to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: BrewBids does not claim ownership rights in your Content. You grant BrewBids a license solely to enable BrewBids to use any information or Content you supply BrewBids with, so that BrewBids is not violating any rights you might have in that Content. You grant BrewBids a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow BrewBids to store or re-format your Content on BrewBids and display your Content on BrewBids in any way as BrewBids chooses. BrewBids will only use personal information in accordance with BrewBids’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another BrewBids user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for BrewBids-related communications. BrewBids has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BrewBids user to your email or physical mail list. For more information, see BrewBids’s Privacy Policy.

Re-Posting Content: By posting Content on BrewBids, it is possible for an outside website or a third party to re-post that BrewBids. You agree to hold BrewBids harmless for any dispute concerning this use. If you choose to display your own BrewBids-hosted image on another website, the image must provide a link back to its listing page on BrewBids.

7. Information Control

BrewBids does not control the Content provided by users that is made available on BrewBids. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using BrewBids, you agree to accept such risks and that BrewBids (and BrewBids’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on BrewBids. Please use caution, common sense, and practice safe buying and selling when using BrewBids.

Other Resources: BrewBids is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BrewBids does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BrewBids 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 websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and BrewBids, please email support@BrewBids.com.

Should you have a dispute with one or more users, or an outside party, you release BrewBids (and BrewBids’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BrewBids encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

BrewBids, for the benefit of users, may try to help users resolve disputes. BrewBids does so in BrewBids’s sole discretion, and BrewBids has no obligation to resolve disputes between users or between users and outside parties. To the extent that BrewBids attempts to resolve a dispute, BrewBids will do so in good faith based solely on BrewBids’s policies. BrewBids will not make judgments regarding legal issues or claims.

9. BrewBids’s Intellectual Property

BrewBids, and BrewBids graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BrewBids, Inc. in the U.S. and/or other countries. BrewBids’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

BrewBids may contain robot exclusion headers which contain internal rules for software usage. Much of the information on BrewBids is proprietary or is licensed to BrewBids by BrewBids’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access BrewBids for any purpose whatsoever, except to the extent expressly permitted by BrewBids.

11. Breach

Without limiting any other remedies, BrewBids may, without notice, and without refunding any fees, delay or immediately remove Content, warn BrewBids’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.

12. Privacy

BrewBids will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. BrewBids stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. Transactions

As a marketplace venue, BrewBids’s role is to connect buyers with sellers. As a buyer, when you place an order on BrewBids, you enter into a transaction with a seller, facilitated by BrewBids. We are committed to providing a positive experience for both parties in every transaction on our marketplace.

In no event shall BrewBids be obligated for storage fees, transportation costs or any other fees, expenses or costs associated with any transaction to the extent the completion of a transaction is beyond BrewBids’s control in any way.

14. Shipping

Buyer has discretion to use any shipper of its choice.  Seller may offer shipping services if the buyer agrees to the terms of shipping

Receipt of the shipment by the recipient without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition.

Loading

Unless otherwise agreed to by the Buyer and Seller in writing, the Seller is responsible for the loading of sold Items onto the contracted shipper’s vehicle.

If crating is necessary, the Buyer is normally responsible for arranging and paying for crating services; provided, however, the Seller may offer skidding/crating to the Buyer, and if the Buyer agrees, any subsequent charge will be shown as a separate line Item on the Buyer’s invoice.

Delivery

BrewBids does not ship, nor assume responsibility for the shipment of any Items sold on the website.  Any issues that arise in the course of shipping an Item are the responsibility of the Seller, Shipper and Buyer.

Handling and loading may be an extra charge and details of those charges will be provided by Seller or carrier prior to shipping. Seller must state additional charges for handling prior to invoicing buyer or forfeit the right to request additional monies.

Transaction concerns or disputes

We hope that your experience on BrewBids is smooth and hassle-free. In the event of a problem with a transaction, BrewBids encourages the buyer and seller to resolve the situation through BrewBids’s message system. There are two types of issues that a buyer may encounter: 1) a case of “non-delivery” or 2) a case of “item not as described,” as further described below.

Non-delivery

A non-delivery situation arises when a buyer placed an order and submitted payment, but then did not receive the item. BrewBids encourages a buyer to first contact the seller via the message system to try and work out the issue. If this is unsuccessful, and if the buyer used PayPal to make the purchase, the buyer should file a claim for refund of purchase under PayPal’s policies.

A seller who fails to ship an item, respond to a non-delivery case or settle a disputed transaction in a reasonable manner may be suspended.

Item not as described

An item is “not as described” if it is substantially different than explicitly agreed upon or if it is not fit for its intended use. BrewBids encourages a buyer to first contact the seller via the message system to try and work out the issue. If this is unsuccessful, and if the buyer used PayPal to make the purchase, the buyer should file a claim for refund of purchase under PayPal’s policies.

A seller who ships an item that is not as described, fails to respond to a case or settle a disputed transaction in a reasonable manner may be suspended.

Non-payment

Non-payment occurs when a buyer did not or cannot complete payment after a transaction has been created. The seller may flag a buyer for a payment not received, chargeback, or canceled payment. The seller may also invoice the buyer in an attempt to collect payment before shipping.

Buyers who routinely do not pay for orders may be subject to review, which can result in suspension of account privileges and/or termination.

We follow the policy outlined below to help buyers and sellers resolve transaction disputes as quickly and fairly as possible.

Problem

Buyer

Seller

Item not as-described or damaged

  1. Buyer notifies Seller within 14 days of purchase.
  2. If seller wants item back, buyer receives return mailing address from seller.
  3. Buyer pays cost of return shipping with tracking number.
  4. Buyer gets full refund once item delivered and confirmed by seller. If refund not issued, buyer should initiate PayPal dispute resolution process.
  1. Buyer notifies seller of buyer problem.
  2. Seller decides to let buyer keep item or to have buyer send item back.
  3. Seller provides return mailing address to buyer.
  4. Seller does not get reimbursed for original shipping to the buyer.
  5. Seller gets item in mail. Confirms receipt. Does not keep any transferred sale proceeds.
  6. Seller must refund initial payment to buyer.
  7. If Seller fails to comply, BrewBids may use payment remediation method previously authorized by seller.

Seller did not ship item / no postal service record it was mailed

  1. Buyer notifies seller that he/she did not receive a tracking number.
  2. If buyer can’t confirm seller shipped item within 14 days of purchase, buyer gets full refund. If refund not issued, buyer should initiate PayPal dispute resolution process.
  1. Upon request, if seller does not provide a tracking number to the buyer within 14 days of purchase, the transaction is cancelled.
  2. Seller does not keep any transferred sale proceeds.
  3. Seller must refund initial payment to buyer.
  4. If Seller fails to comply, BrewBids may use payment remediation method previously authorized by seller.

Lost in the mail / postal service did record it was mailed, but did not arrive

  1. Buyer notifies seller if not received within 14 days of purchase.
  2. Buyer gets full refund. If refund not issued, buyer should initiate PayPal dispute resolution process.
  1. Seller does not keep any sale proceeds. The seller’s recourse is with the carrier.
  2. Seller must refund initial payment to buyer.
  3. If Seller fails to comply, BrewBids may use payment remediation method previously authorized by seller.

Problem not reported to PayPal within the eligible period covered by PayPal’s buyer protection

  1. Buyer does not report problem within PayPal’s buyer protection period.
  2. Buyer must resolve dispute directly with the seller.
  1. Buyer transfers sale proceeds to buyer.
  2. Seller must resolve dispute directly with the buyer.

15. Transaction Cancellation

Sellers agree to complete valid transactions. On occasion, a seller may need to cancel an invalid or void transaction, as defined below. Sellers are encouraged to keep proof of any refunds provided to buyers in the event a dispute arises over a cancellation.

If a buyer would like to cancel an order, the buyer should contact the seller by BrewBids’s message system to request cancellation.

The seller may not cancel a transaction for the purpose of avoiding fees or reviews.

The seller may cancel an invalid or void transaction, as defined by these circumstances:

  • The buyer did not pay at the time the transaction was created, according to the transaction agreement or according to the terms in the seller’s shop policies.
  • The payment method was PayPal, check, money order, or “Other” payment method, AND any of the following additional criteria are met:
  • Both the buyer and seller agreed to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
  • The seller has refused service to the buyer. If the buyer has already paid, the seller has refunded the buyer (price paid for item plus shipping).
  • The buyer paid for the item(s). Although the seller shipped the item(s), the buyer did not receive the item(s). The seller has refunded the buyer (price paid for item at minimum).
  • The buyer paid, the seller shipped the item, and the buyer received the item. Then the buyer and seller agreed the buyer can return the item to the seller for a refund. The seller has received the returned item, and the seller has refunded the buyer (price paid for item at minimum).

Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay BrewBids for all unpaid fees.

16. No Warranty

BREWBIDS, BREWBIDS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND BREWBIDS’S SUPPLIERS PROVIDE BREWBIDS’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BREWBIDS, BREWBIDS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BREWBIDS’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BREWBIDS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

17. Liability Limit

IN NO EVENT SHALL BREWBIDS, AND (AS APPLICABLE) BREWBIDS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BREWBIDS’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BREWBIDS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

BREWBIDS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BREWBIDS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BREWBIDS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

18. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD BREWBIDS AND (AS APPLICABLE) BREWBIDS’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

19. No Guarantee

BrewBids does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BrewBids’s control.

20. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

21. No Agency

You and BrewBids are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

22. BrewBids Service

BrewBids reserves the right to modify or terminate the BrewBids service for any reason, without notice, at any time. BrewBids reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If BrewBids makes a material change BrewBids will notify you here, by email, by means of a notice on our home page, or other places BrewBids deems appropriate. What constitutes a “material change” will be determined at BrewBids’s sole discretion, in good faith, and using common sense and reasonable judgment.

23. Contacting Us

If you have any comments or questions, you may send an e-mail to support@BrewBids.com or write to us at: As the Crow Flies, LLC. (d/b/a BrewBids), 5033 Prince Road, Lincoln, NE 68516

24. Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration to be conducted in accordance with the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitration shall be conducted before one or more neutral arbitrators mutually agreed upon by you and BrewBids in Nebraska in the United States of America, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to all reasonable attorney’s fees and costs resulting from arbitration that is brought by any party. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator’s judgment may be entered in any court of competent jurisdiction.

25. Law and Jurisdiction

These Terms shall be subject to, governed by and construed under the laws of the State of Nebraska in the United States of America. Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.

You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of Nebraska and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

26. General

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREED TO BE BY BOUND THEM. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship.

Appendix 1 – Fees Policy

Promotion fees

BrewBids offers promotion opportunities to increase the visibility of your items. Promotion fees vary by opportunity. Promotion fees will be clearly outlined before you commit to purchasing a promotion. Promotion fees are added to your BrewBids bill.

Currency conversion

All fees that are listed on your BrewBids bill are in US Dollars. If you list in a currency other than US Dollars, your item price will be converted to US Dollars before fees are applied.

Fee Collection

If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting any amounts owed from your PayPal account balance. In the event we must initiate and use any collection agency or other agent to collect amounts owed to BrewBids, you also agree by using the Site or the Service that these fees may be deducted by BrewBids without notice to you from your PayPal account balance. In the event legal action must be taken in order to collect any amounts owed by you for your use of the Site or the Service, you agree to pay any attorney’s fees or costs incurred by BrewBids in said collection effort.

Appendix 2 – Billing Policy

At the beginning of the month, BrewBids will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and services. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

 

Privacy Policy

The brewbids.com Website and affiliated Web properties (collectively, the “Website” located at www.brewbids.com) are subject to the following Privacy Policy (the “Policy”) and the Terms of Use.

BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

This Policy was last updated on June 7, 2017.

  1. 1. Overview
  2. 2. The Website is owned and operated by BrewBids, LLC. a Nebraska corporation, and subject to the following Policy. BrewBids, LLC. is committed to protecting your privacy online. BrewBids is referred to herein as “ATCF,” “we,” “us,” and “our;” the terms “you” and “your” when used in this Policy means any user of the Website.
  3. 3. If we decide to change our Privacy Policy, we will post such changes to this Privacy Statement and other places we deem appropriate so you are aware of the information we collect, how we collect it, how we use it, and under what circumstances, if any, we disclose it. We will provide registered users with notice of changes to this policy.
  4. 4. Except as limited below, we may use or disclose your information for business reasons in whatever manner as we see fit.
  5. 5. To ensure the highest quality experience, we may use third-parties to operate certain portions of our Website and other services. If you grant permission, information collected from you may be shared with such third-parties.
  6. 6. Except as otherwise provided in this Policy, this document only addresses the use and disclosure of information we collect from you online. For some services, we may collect and/or transfer your information to a third-party. We also may provide links on our Website to unaffiliated third-party websites that may collect and use your personal information according to their privacy policies and terms of use. In those cases, the third-parties will govern how your information is collected and/or used.
  7. 7. Information Collected
  8. 8. In order to better provide you with content and access to products and services, we collect two types of information from you: personally identifiable information, including, but not limited to your name, address, and information submitted in creating your Account and BrewBids Profile (together “Personally Identifiable Information”) and non-personally identifiable information. Our primary goal in collecting information from you is to provide an enjoyable and customized experience while using our Website.
  9. 9. Personally Identifiable Information: We may use Personally Identifiable Information you provide in a limited number of ways. We may use your Personally Identifiable Information to (i) complete a transaction related to a Listing Item, (ii) provide you with information about us, (iii) enhance or update the Website; (iv) review your account to determine whether other Listing Items may be of interest to you; (v) conduct another transaction you request; (vi) compile demographic statistics about our users; (vii) make a record of your visit and log your IP address, the date and time of your visit to the Website, the Listing Items accessed, and the type of browser used; (viii) use in connection with business-related matters. We may also on occasion combine information about you that we have with information we obtain from other parties to enhance our ability to market to you Listing Items that may be of interest to you.
  10. 10. Demographic data also may be collected at our Website through the use of third-party tools. We may review the actions of the visitors of our Website on an aggregate basis to determine customers’ preferences. We also may conduct research on our visitors’ demographics, interests, and Listing Items viewed based on the information collected in connection with use of our Website. We may use this data to tailor the visitor’s experience at our Website, to improve our marketing and promotional efforts, to statistically analyze Website usage, to improve our product offerings, service offerings, and to customize the content, layout, and/or services provided on our Website. We may receive reports from third-party ad servers, content servers, or web site analysis agents that tell us how many ads were presented and clicked upon or what content was served or viewed.
  11. 11. Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy. This information may also be shared with our authorized third party service providers and advertisers to measure the overall effectiveness of our online advertising, content, and programming. Non-Personally Identifiable Information may also be used to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable laws, and cooperate with law enforcement activities.
    1. 1. Though we will make every effort to preserve user privacy, pursuant to the terms of this Policy, we also may need to disclose Personally Identifiable Information when required by law or if we have a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on us or to protect our rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of our business and systems, or to protect the rights, property or safety of the Website, our employees, shareholders or others.
    2. 12. Examples of How We Use Collected Information
    3. 13. Online Surveys and Polling
    4. 1. We may provide you with the opportunity to voluntarily complete surveys, which may be collected by an authorized third-party. If you do not wish to participate in a survey, simply decline to participate when asked.
    5. 14. Advertisements on Our Website
    6. 1. We may display advertisements on our Website. By knowing a little about you, we will be able to deliver more relevant advertisements and content to you in the form of targeted content. We may also use third-party advertising servers to display advertisements linked to certain search terms that you have entered, or to certain pages that you are viewing. We may share aggregated data with advertisers. We may also use advertising partners to assist us in delivering personalized on-line advertisements to you through the use of cookies while you are on the Internet.
    7. 15. Newsletters, Promotional E-mails and Personalized On-line Advertisements
    8. 1. We may offer newsletters, promotional e-mails, and personalized on-line advertisements as a service to our customers. We may send you newsletters and e-mails periodically listing current special Listing Items. You may “opt-out,” or unsubscribe from our newsletters, emails, or personalized on-line advertisements by following any unsubscribe instructions in any e-mail, newsletter, or personalized on-line advertisement you receive from us, or by sending an e-mail to support@brewbids.com and asking to opt out. Opting out may take up to six weeks to remove you from the database. If you have opted out of receiving all newsletters, all promotional emails, or all personalized on-line advertisements, you will not receive future promotional emails, newsletters or personalized on-line advertisements (as applicable), unless you otherwise subsequently sign up to receive newsletters, emails, or personalized on-line advertisements. Please Note: If you receive e-mails separately from third-party merchants, then all information that you choose to disclose to them will be subject to their privacy policy, terms of use, and opt- out procedures.
    9. 16. Tracking Usage
    10. 1. We may track customers’ traffic patterns throughout their online session, including which pages, information, and advertisements a customer views while using our Website and what Listing Items they view and/or purchase. We may use your IP address to diagnose problems with our servers, software, to administer our Website, and to gather demographic information. We may share aggregated statistics about pages viewed on our Website, sales, and other shopping information with third-parties.
    11. 17. Cookies
      1. 1. We may use cookies and may allow other third-parties to use cookies in the operation of our Website. A cookie is an industry-standard small file placed on your computer. Cookies allow us to “remember you” when you return to the Website to make your visits more relevant and to retrieve information from your prior visits. The cookie stores information about the searches that you have made and the items that you have viewed and allows us and other third-parties to replace non-relevant advertisements with ones that are more relevant to your presumed interests. You may delete cookies on your computer; however, if you enjoy the convenience of the Website remembering you, you are advised not to delete your cookies. Cookies generally do not permit us to personally identify you.
      2. 18. Web Beacons
      3. 1. We may use and allow others to use web beacons in the operation of our Website. A web beacon is an industry-standard, often transparent graphic image usually no larger than a 1×1 pixel that is placed on the Website. Web beacons allow us to track responses or actions by users who view certain advertisements and to count the number of times that users visit the pages of our Website and may be used by both us and third-parties for the purpose of providing personalized media, determining which advertisements are most effective on our Website, and for targeting future advertising campaigns. We may also include web beacons in email messages or promotional newsletters for detecting whether the messages have been opened or if you performed any actions after opening them.
      4. 19. Marketing Partners, Co-Branded Services, and Third-Party Websites
    12. 1. We may run promotions for merchants where you may visit a third-party merchant website. In some of those promotions, a window or frame containing the merchant’s website may appear. Any time you are in such a window, you should assume that your personal information is being collected, used and disclosed in accordance with that merchant’s policies. This Policy does not apply to information that you supply to those merchants. Any information that you share with them will be used and disclosed in accordance with that merchant’s privacy policy. However, once you click on a link to return to our Website, you can expect that further information that you disclose will be treated in accordance with this Policy.
    13. 2. Please be aware that our Website may contain links to other websites on the Internet that are owned and operated by third-parties. The information practices of those websites linking from or to our Website are not covered by this Policy. These other websites may send their own cookies to users, collect data, or solicit personal information. Additionally, other companies or ad servers, which place advertising on our Website, may collect information about you through the use of cookies when you view or click on their advertising. You should contact advertisers directly if you have any questions about their use of the information that they collect.
    14. 20. Security
    15. 1. In order to most efficiently serve you, the purchase of Listing Items utilizing credit card transactions may be handled by established third-party banking, processing agents and distribution institutions. They may receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order, if applicable.
    16. 2. We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use your Personally Identifiable Information. The Website has industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good faith efforts to store your Personally Identifiable Information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If we provide you with a user name and password to access portions of the Website, we disclaim any responsibility for a breach of privacy as a result of your willingly or inadvertently disclosing your user name and password to others.
    17. 21. Updating and Correcting Information
    18. 1. We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information on your BrewBids Account. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Website. In addition, your information, even if deleted from a current database, may still exist within an archived database, as we periodically backup information.
    19. 22. Opting Out or Choosing Not to Provide Information
    20. 1. As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website.
    21. 2. As a condition of creating a User Account and Profile with BrewBids, we may on occasion send you Administrative and Promotional emails. We will send you information regarding your account activity, purchases, as well as updates about our products and promotional offers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and purchases of Listing Items.
    22. 3. You may, however, opt out of Promotional Emails. Promotional Emails advertise Listing Items including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at support@brewbids.com or by hitting the “unsubscribe” button at the bottom of any of our e-mails, or by opting out of Promotional Emails within your User Account.
    23. 23. Acceptance of Terms
    24. 1. By using our Website, you consent to our collection and use of this information in accordance with the terms set forth in this Policy.
    25. 24. Privacy Issues
    26. 25. Children’s Privacy
    27. 1. This Website site is intended for use by persons over the age of 18. We do not seek to collect information about children under the age of 18. No information should be submitted to or posted on this Website by users under 18 years of age. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet. If you are the parent or guardian of a child under 18 years of age and believe that he or she has disclosed Personally Identifiable Information to us, please contact us at support@brewbids.com so that we may delete the child’s information.
    28. 26. Connecting Via Social Media
    29. 1. Facebook: BrewBids allows users to access Facebook to interact with friends and to share Listing Items on Facebook. If you are logged into BrewBids and Facebook, you may merge your profiles. By proceeding you are allowing BrewBids to access your information and you are agreeing to the Facebook Terms of Use in your use of the BrewBids Website. Other Social Media: You may also connect to BrewBids and share Listing Items from BrewBids on other Social Media websites. By sharing content from BrewBids on those websites, you agree to the Terms of Use for those Social Media websites.
    30. 27. International Users
    31. 1. Our Website is accessible around the world. By visiting the Website and providing your information, you acknowledge and agree that your information can be stored for the purposes identified in this Policy. We process and store your information in North America and your information may be stored on servers located outside your residential jurisdiction and which may have less stringent privacy practices than your own. If you access the Website from outside the United States, your usage of the Website constitutes consent to the transfer of your data outside of your country and to North America.
    32. 28. California Residents

California law permits our customers who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to support@brewbids.com or write to us at: BrewBids, LLC. (d/b/a BrewBids), 5033 Prince Road, Lincoln, NE 68516

Contacting Us

If you have any comments or questions, you may send an e-mail to info@brewbids.com.

 

By accessing our servers, websites and/or content, you agree to these Terms, Conditions and Policy.

Last updated October 31, 2017.