Terms of Service

This website is operated by Digital Brands, LLC, doing business as The Virtual Brew (hereinafter, “The Virtual Brew”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to The Virtual Brew website (https://www.thevirtualbrew.com/), and any other services owned, controlled, or offered by The Virtual Brew, now or in the future (all collectively referred to as, the "Services"). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses, or submits any content or material to the Services.

Please read these Terms carefully and in their entirety before using the Services. These Terms are important and affect your legal rights. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

The Services are offered to you conditioned on your acceptance without modification of the Terms contained herein. Your use of the Services constitutes your agreement to all such Terms. Please read these Terms carefully.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Your use of the Services is subject to The Virtual Brew Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs Users of our data collection practices.

1. USE OF OUR SERVICES

The Virtual Brew is a social platform that enables Users to connect with others through text, audio, or video interactions. Our platform allows Users to share ideas, seek advice, engage in meaningful conversations, and create a community with like-minded individuals based on their interests. Users can access these communication tools through membership subscriptions, available on a monthly or annual basis.

Subject to your compliance with your obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period. You must be eighteen (18) years or older to use the Services.

2. REGISTRATION, ACCOUNT, AND COMMUNICATION PREFERENCES

In order to access and use certain areas or features of the Services, you may need to create an account with us (the “Account”). By creating an Account, you agree to (i) provide accurate, current, and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time your Account information as needed, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or suspect any security breaches related to your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

Communication Preferences. By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates, and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Account Information; Updates. You agree to provide current, complete, and accurate payment and account information for your Account. You promise to update the information you have provided to The Virtual Brew in the event of any changes to your contact information. The Virtual Brew may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.

Account Access and Security. You are solely responsible for all the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether you have authorized such activities or not. You will immediately notify The Virtual Brew of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third-party access to your Account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if, in our opinion, you have failed to comply with any of the provisions of these Terms.

3. ACCESS TO THE SERVICES

We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet host, web hosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach of these Terms by you.

4. PAYMENTS

Fees. Users on The Virtual Brew pay a subscription fee on a monthly or annual basis to access the platform and its features, including the ability to text, audio, or video call other members at their discretion. There are no per-minute charges for communication between members once they are subscribed.

Payment Information. By entering your payment information on the Services when requested, you authorize our third-party payment processor (“Payment Processor”) to charge and process the fees and charges assessed in connection with your subscription. We may ask you to supply information relevant to your payment, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your subscription purchase to verify that the credit card is valid and has credit available for the transaction. While we take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, we are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. The Payment Processor is responsible for transacting such payments through its platform, and you agree to release and hold Us harmless from any errors, negligence, or misconduct by the Payment Processor. You authorize Payment Processor to directly remit Us any applicable fees owed to Us. We are not liable for any fees incurred due to billing errors.

Pricing Modifications; Promo Codes. The Virtual Brew reserves the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services obtained through the use of the Services. We may also, in our discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged. The Virtual Brew may, from time to time in its sole discretion, offer specific promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Us at any time in our sole discretion.

Cancellations/Refunds. The Virtual Brew subscription fees are non-refundable except as described in these Terms, or on a case-by-case basis, in our sole discretion. For more information, please see our Cancellation Policy.

Dispute Resolution. If a User disputes a charge related to The Virtual Brew services, the matter will be handled according to our dispute resolution process. Our team will review the dispute and may ask for additional information or evidence from both parties to help resolve the issue. If it's determined that the dispute is valid, we may issue a refund or take other appropriate actions as necessary, at our sole discretion. We reserve the right to withhold any payment or access to services if we suspect unauthorized transactions until this is verified by the bank or credit card issuer.

5. PROHIBITED USES

Use of the Services is limited to the permitted uses expressly authorized by Us. Any violation of this Agreement by your User Content (as defined below), as determined by The Virtual Brew in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:

Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
Engage in any unlawful, fraudulent, or deceptive activities;
Misrepresent the source, identity, or content of information transmitted via the Services;
Use technology or other means to access unauthorized content or non-public spaces;
Use or launch any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
Attempt to introduce viruses or any other harmful computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
Attempt to damage, disable, overburden, or impair our servers or networks;
Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems, or networks connected to The Virtual Brew, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property, and other proprietary rights, data protection and privacy, and import or export control; or
Violate these Terms in any manner.

6. USE OF COMMUNICATION SERVICES

The Services may contain comment sections, chat areas, forums, reviews, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the specific Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
Publish, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for a particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services; however, We reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

7. USER GENERATED CONTENT

You may generate certain content, either written, in the form of images, or in other forms of content while using the Services ("User Content"). You acknowledge and agree that your User Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by us (for example, in product marketing campaigns). You thereby grant The Virtual Brew and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully paid, royalty-free, non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your User Content. You further acknowledge and agree that you, and you alone, are responsible for the development of your User Content. You grant all rights described in this paragraph in consideration of our use of the Services and our services, without any compensation to you. We do not claim ownership of User Content.

We will not access, view, display, or listen to any User Content, except as set forth in these Terms and as reasonably necessary to operate the Services, including to monitor your conduct and misuse. Actions reasonably necessary to operate the Services may include (but are not limited to):

(a) advertising, marketing, or otherwise promoting the Services;
(b) responding to support requests and facilitating communication among Users;
(c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and
(d) enforcing these Terms.

We have no obligation to monitor any User Content; however, We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

The uploaded User Content must be original material that has been created by the User. By uploading content to the Services, you represent and warrant that: (i) you exclusively own all right, title, and interest in and to the uploaded User Content; (ii) the uploaded User Content does not infringe upon the Intellectual Property Rights of any third party; and (iii) there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the uploaded User Content.

Note that any User Content may be seen or accessed by third parties with access to the Services. We are not responsible for any use of the User Content by third parties.

YOU HEREBY HOLD HARMLESS AND RELEASE AND FOREVER DISCHARGE THE VIRTUAL BREW, ITS SHAREHOLDERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FOR ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY USER CONTENT INCLUDING YOUR LIKENESS (SUCH AS PHOTOS), INCLUDING ANY AND ALL CLAIMS FOR INVASION OF PRIVACY, RIGHT OF PUBLICITY, MISAPPROPRIATION OR MISUSE OF IMAGE, AND/OR DEFAMATION.

8. INTERACTIONS WITH OTHER PEOPLE

We cannot and do not verify the identity of Users of the Services or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other Users with whom you interact when using the Services. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information Users may submit to the Services. You are solely responsible for your interactions with other Users of the Services.

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other Users and other people in the real world. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release The Virtual Brew (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from 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.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE VIRTUAL BREW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. THE VIRTUAL BREW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

9. INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services (collectively, the “Content”), is the property of The Virtual Brew, or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in the Content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Services. Your use of the Services does not entitle you to make any unauthorized use of the Content, and you will not delete or alter any proprietary rights or attribution notices in the Content. You will use the Content solely for your personal use and will make no other use of the Content without the express written permission of The Virtual Brew and the copyright owner. You agree that you do not acquire any ownership rights in any Content. We do not grant you any licenses, express or implied, to the intellectual property of The Virtual Brew or our licensors except as expressly authorized by these Terms.

10. DMCA NOTICE AND TAKEDOWN POLICY

The Virtual Brew respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes your copyrights, you may submit a notification by providing The Virtual Brew’s Designated Copyright Agent with the following information in writing:

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 on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Virtual Brew to locate the material;
Information reasonably sufficient to permit The Virtual Brew to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

The Virtual Brew’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Digital Brands LLC

1991 Crocker Rd 600-755
Westlake OH, 44145

Attention: Copyright Claims

For clarity, only notices under this section should go to The Virtual Brew’s Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11. FEEDBACK

You can submit questions, comments, suggestions, ideas, original or creative materials, or other information about The Virtual Brew or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of The Virtual Brew. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Services may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control, and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of The Virtual Brew and its customers.

To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any third-party site, products, services, and links included on or accessed through the Services. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

13. UPDATES TO THE SERVICES

The Virtual Brew is always trying to improve the Services and its programs, so they may change over time. The Virtual Brew may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. The Virtual Brew is not responsible for transmission errors, corruption, or compromise of information carried over any local or interchange telecommunications carrier. We reserve the right to remove any Content from the Services at any time, for any reason (including but not limited to if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. The Virtual Brew also reserves the right to maintain, delete, or destroy all communications or information posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies.

14. TERMINATION OR SUSPENSION OF SERVICES

We reserve the right to refuse or suspend access to any User, for any reason or no reason, and without any notice. We may suspend your use of the Services or any portion thereof if we believe that you have breached these Terms or for any other reason, at our sole discretion. You agree that any termination of your access to the Services may be without prior notice, and you agree that The Virtual Brew will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.

15. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on the Services that may contain typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated. WE DO NOT REPRESENT, WARRANT, OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

16. INDEMNIFICATION

With the exception of The Virtual Brew’s gross negligence and willful misconduct, you agree to indemnify, defend, and hold harmless The Virtual Brew, its officers, directors, shareholders, employees, agents, and representatives for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising directly or indirectly out of (a) your use of, or inability to use the Services, (b) your violation of these Terms, (c) your violation of any rights of a third party, (d) any act or omission by you, (e) any injury or death to any person, (f) property damage, or (g) your violation of any applicable laws, rules, or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

17. HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or republication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy. We will be entitled to temporary and permanent injunctive relief to prohibit such use.

18. DISCLAIMERS; NO WARRANTIES

The Virtual Brew, and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contractors, representatives, and agents, and each of their respective successors and assigns (collectively, the “The Virtual Brew Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and The Virtual Brew Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, or any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising out of use of, or in any way related to, your participation in the Services. The Virtual Brew Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. Services purchased or offered are provided “AS-IS” and without any warranty of any kind from The Virtual Brew Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED BY THE VIRTUAL BREW ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE VIRTUAL BREW MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE VIRTUAL BREW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.

SPECIFICALLY, THE VIRTUAL BREW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES.

THE VIRTUAL BREW DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, THE VIRTUAL BREW SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VIRTUAL BREW OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER THE VIRTUAL BREW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

In no event will The Virtual Brew or its subsidiaries or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services exceed the greater of (i) the amounts you have paid for the Services, if applicable, in the twelve (12) month period prior to the event giving rise to the liability, or (ii) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE VIRTUAL BREW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

20. INFORMAL DISPUTE RESOLUTION

You agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to The Virtual Brew in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this Section.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@thevirtualbrew.com with a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.

21. MANDATORY ARBITRATION

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against The Virtual Brew on an individual basis in arbitration, as set forth in this Arbitration Agreement (the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against The Virtual Brew, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against The Virtual Brew by someone else.

Arbitration Procedure. You agree that any dispute, claim, or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and The Virtual Brew, and not in a court of law. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Ohio. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.

Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

Who Bears the Costs of Arbitration? You agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that The Virtual Brew is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Arbitration Agreement to the contrary, you agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against The Virtual Brew prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and The Virtual Brew. If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.

Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and The Virtual Brew must be resolved exclusively by a state or federal court located in Ohio. You agree to submit to the exclusive personal jurisdiction of the courts situated in Ohio for the purpose of litigating all such claims or disputes.

Arbitration Opt-Out Procedure. If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to support@thevirtualbrew.com (“Opt-Out Notice"). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (including street address, city, state, and zip code), the email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license. This procedure is the only way you can opt out of the Agreement to arbitrate. If you opt-out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with The Virtual Brew.

By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement.

Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, Services, or these Terms must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.

Applicable Law. You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Ohio, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of your residence or the location of where you use the Services.

CLASS ACTION WAIVER

Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

23. ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us.

24. RELIANCE ON INFORMATION POSTED

Any general advice posted or provided as part of the Services is for informational purposes only. To the maximum extent permitted by law, The Virtual Brew disclaims any representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services.

No advice or information, whether oral or written, obtained from The Virtual Brew, its affiliates, or its service providers or through the Services or content, will create any warranty not expressly made herein. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by The Virtual Brew. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

25. CHANGES TO TERMS

We reserve the right, in our sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after the expiry of the notice period or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.

26. RELATIONSHIP BETWEEN THE PARTIES

The parties are independent contractors, and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.

27. SEVERABILITY

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

28. FORCE MAJEURE

We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (f) other causes beyond the reasonable control of The Virtual Brew.

29. EXPORT CONTROLS

The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries, or to those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and/or applicable laws related to your use of the Services.

30. NOTICE TO iOS USERS

This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and The Virtual Brew only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

31. NOTICE TO GOOGLE PLAY USERS

If the Services are provided to you through Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms. You acknowledge that Google is not responsible for providing support services for the Services. If any of the terms and conditions in these Terms are inconsistent or in conflict with Google's Google Play Developer Distribution Agreement as of the date these Terms were accepted, the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

32. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

33. MISCELLANEOUS

These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from The Virtual Brew, the Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information, or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of The Virtual Brew to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

We welcome your questions or comments regarding these Terms:

By Email:

support@thevirtualbrew.com