Compliance

TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sebago Brewing Co.. The collective work includes works that are licensed to Sebago Brewing Co.. Sebago Brewing Co. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sebago Brewing Co. or purchasing Sebago Brewing Co. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sebago Brewing Co. or to purchase Sebago Brewing Co. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sebago Brewing Co.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of Sebago Brewing Co. used in the site are trademarks or registered trademarks of Sebago Brewing Co.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sebago Brewing Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sebago Brewing Co. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sebago Brewing Co. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Sebago Brewing Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sebago Brewing Co. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a Sebago Brewing Co. product is mistakenly listed at an incorrect price, Sebago Brewing Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sebago Brewing Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sebago Brewing Co. shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sebago Brewing Co. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Sebago Brewing Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sebago Brewing Co..

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of New Hampshire U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sebago Brewing Co. products) shall be in the state or federal courts located in New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sebago Brewing Co. products) must be commenced within one (1) year after the claim or cause of action arises. Sebago Brewing Co.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sebago Brewing Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sebago Brewing Co. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Sebago Brewing Co. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sebago Brewing Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sebago Brewing Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sebago Brewing Co. in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sebago Brewing Co., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Sebago Brewing Co. may link to sites operated by third parties. However, even if the third party is affiliated with Sebago Brewing Co., Sebago Brewing Co. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sebago Brewing Co.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sebago Brewing Co. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

PRIVACY POLICY

INTRODUCTION

Sebago Brewing Company and/or its related, affiliated or subsidiary companies (collectively “Sebago”) has developed this policy to explain our online information practices, identify the kinds of information we collect, and describe how we may use this information. Your use of and/or registration on any aspect of this website will constitute your agreement to this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the website or submit any personally identifiable information to us.

GATHERING AND USE OF INFORMATION

Sebago may collect two types of information from web users: anonymous use information, and personally identifiable information.

• Anonymous use information may be collected automatically as you and others browse this website. Such information may include the identity of your internet service provider and its approximate geographic location, the operating system of your computer, the type of web browser you are using, the identity of the website that referred you to our website, the time and date that you access the website, and the web pages or content that you view. This information may be aggregated and utilized to analyze web traffic and usage or to improve the design and content of the website.
• Personally identifiable information, by contrast, is collected only if you voluntarily provide it. Reasons for collecting the information include registering for one of our contests, posting content on our site, agreeing to receive a newsletter, registering to receive coupons, or otherwise participating in features of our website that ask for personal information. Such information may include your name, title, company, address, telephone number, fax number and email address. We may use this information to respond to your entry, requests and inquiries concerning our products and services, to notify you of updates and news, to personalize your browsing experience and to generate anonymous aggregated demographic information. In addition, if you correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we use to maintain information received by mail and telephone.

Under the law of some jurisdictions, such as California, you may be entitled to request disclosure of how Sebago shares your usage information with third parties for marketing purposes. To the extent legally required, Sebago will provide such information to you upon your written request to Sebago. Be advised that Sebago will not share your personal information with any third party unless you have expressly permitted that it be shared.

CREDIT CARD INFORMATION

Purchases on the website are done via credit card transactions. The transactions are handled by a third party credit card payment processing company. Sebago does not collect, access, store or process any credit card information.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

Sebago may utilize cookie technology, web beacons, transparent GIF images, and other similar devices to facilitate site administration and navigation and to provide an enhanced online experience for our visitors. Cookies are small data files that your browser stores on your computer to record your preferences and to remember the information you have accessed or provided in the past. Cookies do not contain personal information about you unless you have voluntarily provided it to us as described above. Many web browsers allow you to disable cookies if you do not wish to receive them. Devices like web beacons and transparent GIF images are tiny or transparent graphics that allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use these graphics on our Website to count and recognize users by accessing our cookies. Being able to access our cookies allows us to personalize the website and improve your experience at the Website. We may also include these graphics in HTML-formatted email messages to determine which emails were opened.

MOBILE APPLICATIONS

Sebago offers different mobile applications for download. We will use commercially reasonable efforts to protect your information. We cannot, however, control tracking by Google, Inc., Apple, Inc. or your carrier. You should read and understand the policies of any third party before making any purchase or downloading any mobile application.

TEXT MESSAGING 

By opting in to our Promotional Text Messaging Program you agree that we may send messages about new products, promotions or offers to the mobile number you provided.  We may run certain promotions that allow you the opportunity to opt-in to receiving text messages from Sebago. If you opt-in, you agree that we may send message to the mobile device association with the number you provide about new products, promotions or offers.  You may receive up to 10 text messages per month depending on the program.  Our goal is to only text the minimum amount as possible to keep you up to date. Message and data rates may apply. You may opt-out of receiving such messages at any time by following the instructions provided in the text message. To opt-out reply STOP.

SECURITY MEASURES

Sebago utilizes reasonable and appropriate measures to safeguard any personal information that you provide to us. However, since no transmission or storage of electronic data is ever completely secure, we cannot warrant or guarantee that your information will never be released in a manner that is inconsistent with this policy. By using the Website, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).

DISCLOSURE OF INFORMATION TO THIRD PARTIES

Sebago does not disclose any user information other than providing statistics related to website traffic, aggregated customer demographics, and related information to third parties, such as advertisers. This information is not traceable to individual users. Sebago may share personally identifiable information with our partners, agents and contractors in connection with the provision of specific services to users. We require that these parties not use any such information for any purpose other than the provision of these services, and require them to comply with our privacy and security practices. Sebago reserves the right to disclose any user information when we believe that doing so is required by law or necessary to protect the property, rights, or safety of ourselves, visitors to our website, or other persons, or in the context of a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, where there is a pledge of confidentiality from the receiving party.

PRIVACY POLICY OF THIRD PARTY WEBITES AND CONTENT PROVIDERS

Some web pages may contain content provided by and links to websites operated by third parties. This privacy policy does not extend to such third party content or websites, and Sebago makes no warranty or representation concerning the privacy practices of such third parties.

USER-GENERATED CONTENT AND PUBLIC PROFILE FEATURES 

This website may, from time to time, contain interactive areas where site users may submit comments or other content (including information about the user that might be displayed in the user’s public profile within an online community) that may be posted on the website or otherwise published. Users who do this should be aware that when they disclose personally identifiable information in content submitted for posting or publication, the information can be read and used by others. We make no representations and undertake no obligations as to the security of information you voluntarily include when submitting content.

UPDATES TO PRIVACY POLICY

We may modify this privacy policy at any time, and such modification shall be effective immediately upon posting. Such posting will constitute notice to you of the revised policy. Therefore, you agree to review this page periodically, and your continued access or use of the Sebago Website shall be deemed your acceptance of any modifications.

APPLICABLE LAW

All matters relating to this site are governed by the laws of the State of MAINE in the United States. If you are located outside the United States and you access our website, any information that you provide will be transferred to the United States. By submitting such information, you explicitly authorize the transfer and processing of your information within the United States. Further, your use of the website constitutes your representation that, pursuant to the applicable laws where you are located, you are legally authorized to access and use the website.

PIVACY PROTECTION FOR CHILDEREN

The website’s features, programs, promotions and other aspects requiring the submission of personally identifiable information are not intended for children, and we will not knowingly allow anyone under 13 to provide us any personally identifying information. Children should always get permission from their parents before sending any information about themselves over the Internet to us or to anyone else. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit its use.

DISCLOSURES OF SWEEPSTAKES, COMPETITION AND CONTEST REGISTRATION INFORMATION 

We may, from time to time, offer co-sponsored sweepstakes, competitions, contests, and other promotions with third party advertisers and other partners with whom we may share your registration information. Such parties will be identified in the promotion materials. If you do not want your registration information to be disclosed, do not register for any of our co-sponsored promotions.

CONTACT INFORMATION

If you have any questions, concerns, or comments regarding this privacy policy, please do not hesitate to contact us at info@sebagobrewing.com or at corporate office (207) 856-2537.