terms and conditions

For Using Home Brewed Outdoors

PLEASE READ THESE TERMS OF USE (this “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY HOME BREWED OUTDOORS, LLC (“HOME BREWED”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.HOMEBREWEDOUTDOORS.COM (THE “SITE”) AND SERVICES PROVIDED BY HOME BREWED (COLLECTIVELY, the “SERVICES”).

By using the Services in any manner, including visiting or browsing the Site, you (the “User” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced within this Agreement. This Agreement applies to all Users of the Services, Users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions about these Terms of Use, please contact us at [email protected]

1) Home Brewed Outdoors is a Venue

Home Brewed acts as a venue to allow Users, who comply with Home Brewed’s policies to offer, sell and buy certain goods within a fixed-price format. Home Brewed is not directly involved in the transaction between customers and vendors. As a result, Home Brewed has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of vendors to sell items or the ability of customers to pay for items. Home Brewed only screens Users applying for vendor status, all other Users, and content or information they provide, is not screened in any manner.  Home Brewed cannot ensure that a customer or vendor will actually complete a transaction.

Consequently, Home Brewed does not transfer legal ownership of items from the vendor to the customer.

Home Brewed cannot guarantee the true identity of a User. Home Brewed encourages you to communicate directly with potential transaction partners through the tools available on the Site.

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

2) Membership Eligibility

Right to Amend: Home Brewed may, in its sole discretion, change its eligibility criteria at any time.

Age: Home Brewed’s Services are available only to those who are 18 years or older. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

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

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Home Brewed’s policies as stated in this Agreement as well as all other operating rules, policies and procedures that may be published by Home Brewed., each of which is incorporated herein by reference and each of which may be updated by Home Brewed from time to time without notice to you:

Password:  You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Home Brewed of any unauthorized use of your password or any breach of security. You also agree that Home Brewed cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Home Brewed without Home Brewed’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To buy or sell items on the Site you must provide and maintain a valid PayPal account.

Account Transfer: You may not transfer or sell your account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

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

3.  Fees and Billing

Fees. Joining and setting up a shop on Home Brewed is free. Home Brewed does not charge a fee for listing an item for sale, but a fee based on the percentage of the sale price of an item is charged when the item sells.  Home Brewed does have a Minimum Annual Fee which must be paid every year by each shop.  If the fees collected on the sale of items throughout the year do not meet the Minimum Annual Fee, Home Brewed will bill the shop the balance at the end of the calendar year. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to the fees for Home Brewed’s services are effective after Home Brewed provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Home Brewed may choose to temporarily change the fees for Home Brewed’s services for promotional events; such changes are effective when Home Brewed posts the temporary promotional event on the Site. Home Brewed may, at Home Brewed’s sole discretion, change some or all of Home Brewed’s Services at any time. In the event Home Brewed introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

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

Billing. You are responsible for paying all fees and applicable taxes associated with using Home BrewedHome Brewed will send an invoice to the vendor’s email address on file detailing the amount due for the prior month’s fees and charges. The vendor must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.  A link will also be provided in the Vendor Dashboard portion of the Home Brewed site, that will allow the vendor to view their current charges and pay them in full.

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

4. Listing and Selling

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

Shop Policies: All vendors are urged to outline shop policies for their Home Brewed shop. These policies may include, for example, shipping, returns, payment and selling policies. Vendors must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Home Brewed’s site-wide policies. Vendors are responsible for enforcing their own reasonable shop policies. Home Brewed reserves the right to request that a vendor modify a shop policy.

Binding Sale: Vendors are responsible for accurately listing their items, and customers are responsible for reading the description of items before making a purchase. All sales are binding. The vendor is obligated to ship the order or otherwise complete the transaction with the customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the customer fails to meet the terms of the vendor’s listing (such as payment method), or (b) the vendor cannot authenticate the customer’s identity. The customer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Vendors may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Vendors may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Home Brewed transaction fees, misrepresent the item’s location, or use another User’s account without permission.

5.  Prohibited, Questionable and Infringing Items and Activities

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

Restricted Activities: Your Content and your use of Home Brewed will not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any Site policy or Site guidelines, or any applicable law, statute, ordinance or regulation
  5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
  6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Home Brewed staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  8. Interfere with a seller’s business or shop
  9. Take any action that may undermine online reviews or feedback
  10. Be obscene or contain child pornography
  11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  12. Host images not part of a listing
  13. Modify, adapt or hack Home Brewed or modify another website so as to falsely imply that it is associated with Home Brewed;
  14. Appear to create liability for Home Brewed or cause Home Brewed to lose (in whole or in part) the services of Home Brewed’s ISPs or other suppliers
  15. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Home Brewed.

Furthermore, you may not list any item on Home Brewed that could cause Home Brewed to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.

6. Content

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

As part of a transaction, you may obtain personal information, including an email address and shipping information, from another User. Without obtaining prior permission from the other User, this personal information will only be used for that transaction or for Home Brewed-related communications. Home Brewed has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the User, you are not licensed to add any User to your email or physical mail list.

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

Idea Submissions: Home Brewed considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Site (collectively, the “Material”) to be non-confidential and non-proprietary, and Home Brewed shall not be liable for the disclosure or use of such Material. If, at Home Brewed’s request, any member sends Material to improve the site, then Home Brewed will also consider that Material to be non-confidential and non-proprietary and Home Brewed shall not be liable for use or disclosure of the Material. Any communication by you to Home Brewed is subject to this Agreement. You agree to grant Home Brewed, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7.  Home Brewed’s Intellectual Property

Home Brewed’s graphics, logos, designs, page headers, button icons, scripts, and service names are the property of Home Brewed Outdoors, LLC. Other marks on the Site not owned by Home Brewed may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Home Brewed unless otherwise stated.  You may not use the Home Brewed name, logos, or brands without Home Brewed’s express written permission.

The content and information on the Site, as well as the infrastructure used to provide both, is proprietary to Home Brewed, our users, and sellers.  Home Brewed grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement.  You agree not to reproduce, distribute, create derivative works from, publicly display, license, sell or re-sell any data, content, information, software, products, or services obtained from or through the Site without the express permission of Home Brewed.

8. Information Control

Home Brewed does not control the Content provided by users that is made available on Home Brewed. There are also risks of dealing with underage persons or people acting under false pretense.  Additionally, there may also be risks dealing with international trade and foreign nationals. By using Home Brewed, you agree to accept such risks and that Home Brewed (and Home Brewed’s officers, directors, agents, and employees) is not responsible for any and all acts or omissions of users on Home Brewed.

Home Brewed is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Home Brewed does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Home Brewed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, or other materials through any such websites or resources.

9.  Buyer-Seller Interactions

Users are solely responsible for interactions with others.  Users understand that Home Brewed does not in any way screen its users. All Users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

10.  Resolution of Disputes and Release

Disputes with Home Brewed: We will make a reasonable effort to resolve any disagreements that you have with Home Brewed.  If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Home Brewed arising out of, relating to, or connected in any way with this Policy or this Site will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Home Brewed.

Disputes with Users or Third Parties: In the event a dispute arises between you and another User or a third party, Home Brewed encourages you to contact the User or third party to resolve the dispute amicably.

You may report User-to-User disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You release Home Brewed (and Home Brewed’s officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

11.  Access and Interference

Home Brewed may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Home Brewed is updated on a real-time basis and is proprietary or is licensed to Home Brewed by Home Brewed’s Users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Home Brewed for any purpose whatsoever, without Home Brewed’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Home Brewed’s sole discretion, an unreasonable or disproportionately large load on Home Brewed’s infrastructure;
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses from the Site except with the prior express written permission of Home Brewed and the appropriate third party, as applicable;
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  4. Bypass Home Brewed’s robot exclusion headers or other measures Home Brewed may use to prevent or restrict access to Home Brewed.

12.  Breach

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

Home Brewed suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy,  or other policy documents and guidelines of Home Brewed; Home Brewed is unable to verify or authenticate any of your personal information or Content; or Home Brewed believes that a User is acting inconsistently with the letter or spirit of Home Brewed’s policies, has engaged in improper or fraudulent activity in connection with Home Brewed or the actions may cause legal liability or financial loss to Home Brewed’s Users or to Home Brewed.

Home Brewed reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Home Brewed.

13.  Privacy

Except as provided in Home Brewed’s Privacy Policy, Home Brewed will not sell or disclose your personal information to third parties without your explicit consent. Home Brewed stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14.  No Warranty

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

15.  Liability Limit

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

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

16.  Indemnity

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

17.  No Guarantee

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

18.  Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Home Brewed service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Home Brewed’s net income).

19.  Severability

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

20.  No Agency

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

21.  Home Brewed Service – Modification & Termination

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

22.  Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Georgia, excluding its conflicts of laws rules, and the United States of America.

23.  Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Home Brewed’s Intellectual Property), 8 (Information Control), 9 (Buyer-Seller Interactions), 10 (Resolution of Dispute and Release), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guarantee), 19 (Severability), 20 (No Agency), 22 (Choice of Law) will survive any termination or expiration of this Agreement.

24.  Notices

Except as explicitly stated otherwise, any notices shall be given by email to Home Brewed at [email protected] (in the case of Home Brewed) or, in your case, to the email address you provide to Home Brewed (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Home Brewed may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Home Brewed. In such case, notice shall be deemed given three days after the date of mailing.