The HalfWallBrewery.com website (this “Website”) is owned and operated by Half Wall Brewery LLC, with an address at1887 State Road 44, New Smyrna Beach, FL 32168 (“HWB” or “we”). The following Terms of Use, together with our Privacy Policy, constitute the legally binding agreement between each user (“you”) and HWB concerning the use of this Website (including any purchase you make on this Website). By using this Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy.

YOU MUST BE AT LEAST 21 YEARS OF AGE TO VISIT AND USE THIS WEBSITE. IF YOU ARE UNDER 21, PLEASE REFRAIN FROM ACCESSING THIS WEBSITE.

 

1. Account Registration

In order to make a purchase from our online store, you must create an account. By creating an account, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. You are responsible for keeping your account log-in information secure. If you choose to share your account log-in information with others, you do so at your own risk and you are responsible for all activities on your account by those with whom you share the account. Please immediately notify us of any unauthorized use of your account or any unauthorized or suspicious activity on your account.

 

2. OUR ONLINE STORE – MAKING A PURCHASE

All purchases from our online store are subject to the following terms and conditions:

1. All orders are subject to acceptance in HWB’s sole discretion. HWB reserves the right to refuse or cancel any order for any reason.
2. All orders are subject to product availability. We do not guarantee the availability of any product displayed on this Website. HWB reserves the right, without notice or liability to you, to change, discontinue or stop the offering of any product.
3. All prices advertised are subject to change. While we strive to display product information and prices on this Website as accurately as possible, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you of this as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is canceled and you have already paid for the product, you will receive a full refund.
4. By placing an order, you represent and warrant that: all billing and shipping information you provide to us are true and accurate; you are an authorized user of the credit or debit card used to place your order; and the credit or debit card account has sufficient funds to cover the full amount of the purchase (including the item price, shipping & handling charge, and applicable sales tax (if any)). Upon receiving your order we will charge your card for the full amount and will send you an email to confirm your purchase and order details. Our charge will appear on your credit/debit card account as from Half Wall Brewery New Smyrna Beach, FL, US.
5. We usually ship your order within 24 business hours after your card payment is successful (i.e., payment is not declined or rejected by your card’s issuing bank for any reason). We will notify you via email when your order has been shipped. Please note that we only process and ship orders during our regular business hours of Monday through Friday from 9 am to 4 pm. Orders placed outside of our regular business hours will be processed on the next business day.
6. You may cancel or change an order (e.g., adding or removing one or more items, changing shipping method, etc.) before it is shipped, by contacting our Customer Service at 386.9763.2386 or via email at Info@halfwallbrewery.com. Upon processing of your cancellation or change request, we will send you a confirmation email. NOTE: An order that has been shipped cannot be canceled or changed. If your order has been shipped and you no longer want the item(s), you should wait for the package to arrive and then return the unwanted item(s) to us in accordance with our Return Policy set forth below.
7. By making a purchase on this Website, you represent and warrant that you are purchasing our product for your own personal, family or household use only, and not for resale. If you breach this warranty, HWB may terminate your account and cancel/reject all your orders.
8. We may from time to time offer promotions and discounts on select products in our online store. Promotions and discounts are limited in nature and may be canceled or discontinued at any time with or without notice, and other restrictions may apply.

 

3. OUR ONLINE STORE – RETURN POLICY

Except in the case of gift cards and gift certificates which are NOT returnable, if you are not 100% satisfied with your purchase, you may return the purchased item(s) to us within 30 days of your receipt of the item(s), for a full refund of the purchase price plus sales tax (if any) you paid for the returned item(s). Shipping & handling charge is NOT refundable.

To return a purchased item, please contact our Customer Service at 386.763.2386 or via email at Info@halfwallbrewery.com, and we will provide you with an authorized return shipping label for you to use to return the item. Once your return is received, we will issue a refund to the credit/debit card you used to make the purchase. We usually process and issue a refund within 8 business hours after your return is received. How long it takes the refund to appear in your account depends on your card’s issuing bank.

 

4. INTELLECTUAL PROPERTY

This Website and all its contents and materials (including, without limitation, text, artwork, graphics, designs, photos, images, videos, audios, advertisements, product descriptions, social media posts, marks, logos, slogans, links, listings, directories, user interfaces, layout and look and feel designs, data and information) are proprietary property of HWB, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The “Half Wall Brewery” name and its abbreviation “HWB”, the “Half Wall Brewery New Smyrna Beach HWB” logo, and all other HWB brand names, marks, logos, and product identifiers, are registered and unregistered trademarks of HWB.

Subject to your compliance with these Terms of Use, HWB grants you a revocable, conditional and limited license to use this Website and its contents and materials solely for your own personal/family/household and non-commercial use in accordance with applicable laws. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law). HWB reserves all rights not expressly granted herein.

Any unauthorized use, reproduction or distribution of this Website or any of its contents or materials or any intellectual property of HWB, is strictly prohibited and may result in civil and/or criminal penalties.

 

5. Prohibited activities

We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website or any of its contents or materials. Without limitation to the generality of the foregoing, you may not:

• use this Website or any of its contents or materials other than for your own personal/family/household and non-commercial use in compliance with these terms of use and applicable laws;
• impersonate another, or falsify account information, or make unauthorized use of another’s information;
• copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from this Website or any of its contents or materials;
• remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any content or material obtained from this Website;
• submit, upload, post or transmit any user-originated content or material that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
• interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
• use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website; or
• frame or otherwise create a browser or border environment around any page or content of this Website, or deep-link to any internal page or area of this Website.

 

6. LINKS TO Third-Party PRODUCTS AND Services

This Website may provide links to websites, products and services owned or operated by third parties (each, a “Linked Third-Party Product/Service”). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Product/Service. When you engage with a Linked Third-Party Product/Service, you are interacting with the third party, and not with HWB. HWB is not responsible for and makes no warranties, express or implied, regarding any Linked Third-Party Product/Service.

 

7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE STATED AND Except where prohibited by applicable law:

1. HWB makeS no warrantY or representation, whether express or implied, regarding THIS WEBSITE OR ANY OF ITS CONTENTS OR MATERIALS;
2. THIS WEBSITE AND ALL ITS CONTENTS AND MATERIALS ARE provided “AS Is” and “as available” without warrantIEs of any kind, express or implied;
3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ALL ITS CONTENTS AND MATERIALS; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HWB DOES NOT WARRANT THAT THIS WEBSITE AND ALL ITS CONTENTS AND MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL ITS CONTENTS AND MATERIALS WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION PROVIDED ON THIS WEBSITE WILL BE CURRENT OR ACCURATE; OR THAT A PARTICULAR PRODUCT YOU SEE ON THIS WEBSITE WILL BE AVAILABLE; AND
4. YOUR USE OF THIS WEBSITE AND ALL ITS CONTENTS AND MATERIALS IS ENTIRELY AT YOUR OWN RISK.

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

 

8. Limitations of Liability

EXCEPT AS EXPRESSLY OTHERWISE STATED AND Except where prohibited by applicable law:

1. IN NO EVENT SHALL HWB OR ANY OF its AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE officers, directors, employees, agents, representatives, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENTS OR MATERIALS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; AND
2. IN NO EVENT SHALL HWB BE LIABLE TO YOU IN CONNECTION WITH A PURCHASE YOU MAKE ON THIS WEBSITE, FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU FOR THE PURCHASE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

9. MISCELLANEOUS

These Terms of Use, together with our Privacy Policy, represent the entire agreement between you and HWB concerning the use of this Website (including any purchase you make on this Website). If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida (without regard to the conflict of laws provisions thereof). Any action or proceeding arising out of or relating to these Terms of Use or this Website must be brought in the state or federal courts located in New Smyrna Beach, Florida, and you and HWB consent to the exclusive personal jurisdiction of such courts.