Terms and Conditions

TERMS OF USE OF WWW.FORBIDDENROOT.COM: PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

1. DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,”, “Forbidden Root”,  “Forbidden Root Benefit LLC”, or “Forbidden Root Brewing” or “Forbidden Root Brewing Co.” refer to Forbidden Root, a Benefit LLC, a Maryland LLC. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Forbidden Root Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Forbidden Root or its users, such as data providers who license data to Forbidden Root for use on the Site.

2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.forbiddenroot.com (the “Site”) or any service connected with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Forbidden Root from time to time in its sole discretion. Forbidden Root will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. PRIVACY POLICY. Forbidden Root respects your privacy and permits you to control the treatment of your personal information. A complete statement of Forbidden Root’s current privacy policy can be found below, immediately following these Terms and Conditions. Forbidden Root’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Forbidden Root immediately on any unauthorized use of your account, user name, or password. Forbidden Root shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Forbidden Root, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

4. USER CONTENT. You grant Forbidden Root a license to use the materials you post to the Site. Any and all User Content posted to the Site may first be reviewed and approved by Forbidden Root, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Forbidden Root , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Forbidden Root , its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Forbidden Root may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

6. INTELLECTUAL PROPERTY OWNERSHIP. All Forbidden Root Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Forbidden Root and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Forbidden Root and protected by U.S. and international copyright laws. All software used on this site is the property of Forbidden Root or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Forbidden Root or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Forbidden Root name or trademarks without the express written consent of Forbidden Root. You may not use any direct linking or source-calling of any media presented on this website.

7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Forbidden Root has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Forbidden Root’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Forbidden Root to delete, edit, or disable the material in question, you must provide Forbidden Root with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Forbidden Root to locate the material; (d) information reasonably sufficient to permit Forbidden Root to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Forbidden Root at info@forbiddenroot.com.

8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Forbidden Root reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Forbidden Root intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. PROHIBITED USES. Forbidden Root imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Forbidden Root in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

10. ALLEGED VIOLATIONS. Forbidden Root reserves the right to terminate your use of the Site, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that Forbidden Root provides a high quality experience for you and for other Users of the Site, you agree that Forbidden Root or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. Forbidden Root does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Forbidden Root reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Forbidden Root believes that you have violated any of the Terms of Use, furnished Forbidden Root with false or misleading information, or interfered with use of the Site by other Users. Forbidden Root assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Forbidden Root chooses, in its sole discretion, to monitor the Site, Forbidden Root assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct. If you become aware of misuse of the Site or Services or of any prohibited Content or conduct, please report it to Forbidden Root at info@forbiddenroot.com.

11. RETURN POLICY. We want you to be completely satisfied with your purchase of Forbidden Root merchandise on www.forbiddenroot.com. We will gladly replace, exchange, or return any damaged, defective or unused item, provided the following conditions are met: (a) The product has not performed within reasonable expectations. An exchange or refund will not be given for products that have been used or products that have been damaged as the result of customer misuse or neglect. (b) Please enclose the sales receipt and return information. (c) We are not able to return or exchange any food or personal care items unless they are damaged or defective upon receipt.

12. NO WARRANTIES. FORBIDDEN ROOT HEREBY DISCLAIMS ALL WARRANTIES. FORBIDDEN ROOT IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORBIDDEN ROOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FORBIDDEN ROOT DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. FORBIDDEN ROOT’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORBIDDEN ROOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY FORBIDDEN ROOT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Forbidden Root has no control over, and no liability for any third party websites or materials. Forbidden Root works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Forbidden Root nor the Site has control over the content and performance of these partner and affiliate sites, Forbidden Root makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Forbidden Root assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Forbidden Root makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. INDEMNITY. You agree to indemnify Forbidden Root for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Forbidden Root , its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Forbidden Root will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Illinois, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Cook County, Illinois, USA in all disputes arising out of or related to the use of the Site.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained in these Terms of Use or on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Forbidden Root or by any third party.

19. MODIFICATIONS. Forbidden Root may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Forbidden Root shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Forbidden Root also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

21. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Forbidden Root. All rights reserved.

22. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Privacy Policy

WEBSITE PRIVACY POLICY EFFECTIVE DATE: April 15, 2014 1. INTRODUCTION. Forbidden Root Brewing Co.(“us,” “we,” “Company,” or “Forbidden Root”) is committed to respecting the privacy rights of its customers, visitors, and other users of and the services (the “Services”) provided through the Company Website (“the Site”) at www.forbiddenroot.com.  We created this Website Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

BY USING THE SITE AND OR PURCHASING PRODUCTS VIA THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

2. NOTICE CONCERNING UNDERAGE USERS. You must be at least twenty one (21) years of age to access our Site and/or purchase products and items from our Site. We do not direct any of our content at persons under 21 years of age. We understand and are committed to respecting the sensitive nature of online privacy. If we learn or have reason to suspect that a Site user is under age 21, we will promptly delete any personal information in that user’s account.

3. TYPES OF INFORMATION COLLECTED

(3.1) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) your operating system (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for for improving your experience on the Site.

We also may use small pieces of information that a website sends to your computer’s hard drive while you are viewing the site (“cookies”) to remember your age and birth date so you do not have to re-enter it each time you visit the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all.

(3.2) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase items and products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and/or (2) Financial Data (such as your account or credit card number). If you communicate with us via e-mail, or otherwise complete purchase orders, surveys, or any other online forms, any information provided in such communication may be collected as Personal Information.

We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified in Section 4, below. We will not use your information in a manner different than the purpose for which it is collected, without obtaining your consent prior to such use.

(3.3) CONTACTING FORBIDDEN ROOT. If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication. Any such contact with Forbidden Root should be made pursuant to Section 9, below.

(3.4) ENFORCEMENT. We may use the information we collect in connection with your use of the Site or Services in order to investigate, enforce, and apply our Terms of Use and Privacy Policy.

4. USES OF INFORMATION COLLECTED

(4.1) COMPANY USE OF INFORMATION. We use Contact Data to contact you when necessary. We will also use Contact Data to send you information about our company or our products or services only if you choose to opt in to receiving such information. We use your Financial Data to bill you for items and products.

(4.2) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We do not share Contact Data with other companies for the purposes of sending you information third party products or services. We may, however, share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data, Financial Date, and other Personal Information to carry out their specific business obligations to Company.

5. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit you Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

We limit the access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Site, please contact us at info@forbiddenroot.com. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your Personal Information will never be disclosed in a manner that is inconsistent with this Privacy Policy. YOU HEREBY ACKNOWLEDGE THAT FORBIDDEN ROOT IS NOT RESPONSIBLE FOR ANY SUCH INADVERTENT DISCLOSURES OR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

6. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may contact us at info@forbiddenroot.com.

7. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card or other Financial Data is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number from your account and update our records accordingly.

8. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also may make chat rooms, forums, message boards, product review boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

9. METHOD OF CONTACT. If you have a question or concern regarding this Privacy Policy, or believe that this Privacy Policy has been violated, you may e-mail Forbidden Root at info@forbiddenroot.com or write to the Forbidden Root at the following address:

Privacy Policy Agent, Forbidden Root Brewing Co., 444 N. Michigan Ave., Suite 1910, Chicago, IL 60611

In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and attempt to respond to you promptly.

10. LINKS. The Site may contain links to third party websites with which we have no affiliation. Except as set forth above, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

11. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.