Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/01/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com, also known as Brewery Business Plan, located at 9205 Cub Run Drive, Concord, North Carolina 28027 and our subsidiaries and affiliates, in association with the use of the Brewery Business Plan website, which includes https://BreweryBusinessPlan.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE PRODUCTS & SERVICES OFFERED
The Site is an e-commerce website offering consulting, studies, business plans, and crowdfunding services which has the following description:
User Descriptions
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our
Services, through the process of creating an account, the user shall then be considered a “member”.
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com.
Products and Services: Updates and Changes
At its discretion, Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not
agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided “AS IS” and as such Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any
failure to store user content, communication or personalization settings.
RESTRICTIONS ON MEMBERSHIP
a) By using this site you certify that you are at least 21 years of age.
b) No one under 21 years of age may purchase any products or services, documents, plans, studies, surveys or other information; register for an account, start any Hopstart crowdfunding campaigns, participate or fund any Hopstart crowdfunding campaigns. Any persons under 21 years of age that willfully misrepresent their age to the Site’s owners and administrators will themselves as well as their legal guardians (if under 18 years of age) be held liable for any and all actions that result from their use of this Site. Furthermore, individuals under 21 years of age agree to fully indemnify and protect all interests of Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com in the event that their actions cause any type of harm to other persons or outside parties.
RESTRICTIONS ON THE SALE OF ALCOHOL
In accordance with United States Law, no sales, presales, exchanges, or otherwise transfer of alcoholic beverages is allowed on this Site. BreweryBusinessPlan.com strictly forbids any site users or members to use the present or future sale of any alcoholic beverage as a means of fund-raising, crowdfunding, or other promotion. To report violations to the administrators of this Site, please view the ‘Violations’ section on the final page of this document. Any reported violations will immediately have their account suspended and/or banned.
Restrictions On Website Uses, Security, and Privacy
a) Users, members, and other website visitors agree that the owners and administrators of the Site have done all that is necessary and more than is reasonably expected to provide a secure marketplace and business environment, and further indemnify Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable in any way for any events arising from other website visitors engaging in fraud, misrepresentations, lying, or other criminal or immoral activities.
b) Users, members, and other website visitors agree that their participation in starting or funding any fund-raising campaigns or other monetary transactions on this Site is solely at their own discretion and they are solely responsible for their actions, decisions, and any exchange of funds that take place.
c) This Site’s primary purpose is to provide information about the various consulting and business planning services offered by BreweryBusinessPlan.com.
d) This Site’s secondary purpose is to provide an interactive environment for members, users, and visitors to interact and exchange information and ideas for which they are solely responsible, start fund-raising campaigns for which they are solely responsible, or fund fund-raising campaigns for which they are solely responsible.
e) Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com is not responsible for any promises or funds provided by members, users, or other visitors of this site. Any disputes or harm arising from such issues will be directly handled between the two affected parties. Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com nor our subsidiaries, affiliates, officers, employees, agents, partners, and licensors are not liable in any way, shape, or form for disputes, criminal activity, fraud, or failure to meet obligations arising between the Site’s users, members, visitors , or other individuals that have interacted with this Site or the information provided by this Site.
f) The Site resides on the internet which is public domain. While we keep user information private, users are also allowed to post information in the public domain which anyone can access. It is up to the individual user to maintain their confidentiality and privacy based on what they decide to post in public forums, posts, pages, etc. on this Site.
g) All Site users agree to be bound and comply with all relevant city, county, state, and federal laws.
h) Any funds raised through this site are taxable. Reporting any/all funding that originated from this site is the sole responsibility of fund-raising organizers.
i) The information provided by third parties on BreweryBusinessPlan.com is neither warrantied for correctness nor checked for accuracy. Therefore, all information provided on or through BreweryBusinessPlan.com is to be used solely at the users own risk.
j) In the event that you notice any fraudulent activity on your account or from other users that may fund your project, you immediately notify BreweryBusinessPlan.com. For contact information, see the ‘Violations’ section on the final page of this document.
k) In the event that any section of this Terms of Services Agreement is found to be unlawful or invalid, it shall not nullify the remaining sections or parts of this agreement.
INDEMNIFICATION
By using the services, products, documents, plans, studies, surveys, and other information provided by BreweryBusinessPlan.com you agree to indemnify, protect, defend, and cover all costs associated any litigation, transgressions, criminal activity (such as the sale of alcoholic beverages to minors or without a commercial brewing license), fines, penalties, fees, expenses, disbursements, reparations, taxes, or general, nominal, punitive, treble, liquidated, compensatory, or other damages that arise from your violation of the terms of this agreement, misrepresentations, or breach of any of the warranties herein implied.
Any users, members, visitor, or other individuals who utilize the information provided by BreweryBusinessPlan.com’s website, services, or products for the production and/or sale of alcoholic beverages agrees to carry a minimum general liability, liquor liability, and/or assault and battery liability business insurance policy with coverage amounting to no less than $5,000,000 per instance, and include Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com as a covered party. Should the user, member, visitor, or other individual decide not to include Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com as an additional business entity covered under their insurance policy, the user, member, visitor, or other individual agrees to defend, indemnify, protect, and hold harmless Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors/
REGISTRATION
To register and become a “member” of the Site, you must be at least years of age. In addition, you must be in good standing and not an individual that has been previously barred from receiving Brewery Business Plan’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Brewery Business Plan may collect information such as your name, e-mail address,
birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with Brewery Business Plan and sign in to our Services, you are no
longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
c) they are at least 21 years of age at the time of registration.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com will have sufficient grounds and rights to
suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and
all current or future use of Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com Services,
or any portion thereof.
It is Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s priority to ensure the safety and
privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that
the parents of any child under the age of 13 that permit their child or children access to the Brewery
Business Plan website platform Services must create a “family” account, which will certify that the
individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of
any child or children registered under the “family” account. As the creator of the “family” account, s/he is
thereby granting permission for his/her child or children to access the various Services provided, including,
but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s
responsibility to determine whether any of the Services and/or content provided are age-appropriate for
his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com Online Privacy Policy (see the full
Privacy Policy at https://brewerybusinessplan.com/privacy-policy/). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. No other outside users may be granted access to your accounts information under any circumstances. Furthermore, it is the member’s responsibility to ensure they adequately conceal sensitive information such as their username and password, past product purchases, or information that has been obtained via the Site’s consulting channels. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. However, any confidential information forfeited or revealed via the members misconduct or negligence will be the sole responsibility of the member. Should such misconduct or negligence occur, member agrees they have inflicted substantial financial harm on the Site’s owners and agree compensatory and punitive damages are justified.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Brewery Business Plan Services,
and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted or otherwise made available by Brewery Business Plan.
Furthermore, you herein agree not to make use of Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Brewery Business Plan
officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com Services, servers and/or networks that may be connected or related to
our website, including, but not limited to, the use of any device software and/or routine to bypass the
robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com herein reserves the right to prescreen,
refuse and/or delete any content currently available through our Services. In addition, we reserve
the right to remove and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com herein reserves the right to access,
preserve and/or disclose member account information and/or content if it is requested to do so by law or in
good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com, its visitors, users and members, including the general public.
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com herein reserves the right to include
the use of security components that may permit digital information or material to be protected, and that
such use of information and/or material is subject to usage guidelines and regulations established by Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com or any other content providers supplying
content services to Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com. You are hereby
prohibited from making any attempt to override or circumvent any of the embedded usage rules in our
Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done so in whole or in part, is expressly
prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using https://BreweryBusinessPlan.com to send
electronic communications, which would include, but are not limited to, email, searches, instant messages,
uploading of files, photos and/or videos, you will be causing communications to be sent through our
computer network. Therefore, through your use, and thus your agreement with this TOS, you are
acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com shall not lay claim to ownership of
any content submitted by any visitor, member, or user, nor make such content available for inclusion on our
website Services. Therefore, you hereby grant and allow for Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Hob Knob
Brewing Company, LLC DBA BreweryBusinessPlan.com’s sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on
our network Services is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall be available so long as
you are a member of Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s sites,
and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s sites, the
license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of Hob Knob Brewing Company, LLC
DBA BreweryBusinessPlan.com’s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s sites, the continuous,
binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com’s sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and groups that are openly
available to both users and members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com provides an area for our users and
members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or
proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Brewery Business Plan shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Brewery Business Plan shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Brewery Business
Plan; and
e) Brewery Business Plan is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com, our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any content a member or user of our
site may submit, post, modify, transmit or otherwise make available through our Services, the use of
Brewery Business Plan Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Brewery Business Plan’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com may set
up any such practices and/or limits regarding the use of our Services, without limitation of the maximum
number of days that any email, message posting or any other uploaded content shall be retained by Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com, nor the maximum number of email
messages that may be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s
servers on the member’s behalf, and/or the maximum number of times and/or duration that any member
may access our Services in a given period of time. In addition, you also agree that Hob Knob Brewing
Company, LLC DBA BreweryBusinessPlan.com has absolutely no responsibility or liability for the
removal or failure to maintain storage of any messages and/or other communications or content maintained
or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove
any account that is no longer active for an extended period of time. Furthermore, Hob Knob Brewing
Company, LLC DBA BreweryBusinessPlan.com shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com’s servers. In this manner, you will be able
to access and search your message history from any computer with internet access. You also acknowledge
that others have the option to use and save conversations with you in their own personal account on
https://BreweryBusinessPlan.com. It is your agreement to this TOS which establishes your consent to allow
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com to store any and all communications
on its servers.
MODIFICATIONS
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com shall reserve the right at any time it
may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any
part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of https://BreweryBusinessPlan.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or termination request to
[email protected]
As a member, you agree that Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com may,
without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account,
any email associated with your account, and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
https://BreweryBusinessPlan.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with https://BreweryBusinessPlan.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within
https://BreweryBusinessPlan.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Hob Knob
Brewing Company, LLC DBA BreweryBusinessPlan.com shall not be held responsible or liable for any
loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com or any third parties may
provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and as such, we do not endorse nor
are we responsible or liable for any content, products, advertising or any other materials, on or available
from such third party sites or resources. Furthermore, you acknowledge and agree that Hob Knob Brewing
Company, LLC DBA BreweryBusinessPlan.com shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or through any
such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com’s Services and any essential software or documents that may be used in connection with our
Services (“Software”) shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Hob
Knob Brewing Company, LLC DBA BreweryBusinessPlan.com or such applicable licensor, you agree not
to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
Services (e.g. Content or Software), in whole or part.
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com herein has granted you personal, nontransferable
and non-exclusive rights and/or license to make use of the object code or our Software on a
single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create
or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or
discern any source code, sell, assign, sub-license, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree
not to access or attempt to access our Services through any means other than through the interface which is
provided by Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF HOB KNOB BREWING COMPANY, LLC DBA
BREWERYBUSINESSPLAN.COM SERVICES, PRODUCTS, DOCUMENTS, PLANS, STUDIES,
SURVEYS, SOFTWARE AND OTHER INFORMATION ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. HOB KNOB BREWING COMPANY, LLC DBA
BREWERYBUSINESSPLAN.COM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY BUSINESS VENTURE CUSTOMERS, CLIENTS, MEMBERS OR USERS DECIDE TO TAKE IS ENTIRELY AT THEIR OWN DISCRETION WITH NO GUARANTEE OF SUCCESS IN ANY VENTURE INDICATED OR IMPLIED IN ANY WAY.
b) HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM AND OUR
SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO SUCH WARRANTIES THAT
(i) HOB KNOB BREWING COMPANY, LLC DBA
BREWERYBUSINESSPLAN.COM SERVICES, PRODUCTS, DOCUMENTS, PLANS, STUDIES, SURVEYS, SOFTWARE OR OTHER INFORMATION WILL MEET YOUR REQUIREMENTS;
(ii) HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY
YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
(vi) THAT ANY PRODUCTS, SERVICES, REWARDS, OR OTHER PROMOTIONAL ITEMS OFFERED VIA HOPSTART FROM 3rd PARTIES WILL BE DELIVERED OR COSTS REFUNDED IF 3rd PARTY FAILS TO MEET THEIR OBLIGATIONS.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM
SERVICES, DOCUMENTS, STUDIES, PLANS, SOFTWARE, OR OTHER INFORMATION SHALL
BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM
SERVICES, DOCUMENTS, STUDIES, PLANS, SOFTWARE, OR OTHER INFORMATION SHALL
BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONFIDENTIALITY AND CONCEALING THE INFORMATION CONTAINED IN THE STATED DOCUMENTS. ANY BREACH OF CONFIDENTIALITY, DISSEMINATION OF INFORMATION, OR NEGLIGENCE ON THE PART OF THE USER OR MEMBER TO CONCEAL SUCH INFORMATION WILL RESULT IN THE SITE’S OWNERS SUFFERING SUBSTANTIAL HARM FOR WHICH THE USER, MEMBER, OR CLIENT WILL BE RESPONSIBLE FOR GENERAL DAMAGES, COMPENSATORY DAMAGES, SPECIAL DAMAGES, AND PUNITIVE DAMAGES.
e) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM HOB KNOB BREWING COMPANY, LLC DBA
BREWERYBUSINESSPLAN.COM OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT HOB KNOB BREWING
COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE
RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute with Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com -or- one of the Site’s users, members, advertisers, affiliates, donors, backers, or visitors, you agree to release and indemnify Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and
undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Hob Knob Brewing
Company, LLC DBA BreweryBusinessPlan.com’s content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is intended for trading or
investing purposes. Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com and our licensors
shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU. IN JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY, IF YOUR JURISDICTION HAS ANY PROVISIONS SPECIFIC TO ONE OF THE PARTICULAR LIABILITIES LISTED IN THIS AGREEMENT, THEN THE LIABILITY OF HOB KNOB BREWING COMPANY, LLC DBA BREWERYBUSINESSPLAN.COM SHALL BE LIMITED TO THE SMALLEST EXTENT ALLOWED BY LAW.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com may furnish you with notices,
including those with regards to any changes to the TOS, including but not limited to email, regular mail,
MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if you violate
any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS
constitutes your agreement that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com trademarks, copyright, trade name, service marks, and other Hob Knob Brewing
Company, LLC DBA BreweryBusinessPlan.com logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Hob Knob Brewing Company, LLC
DBA BreweryBusinessPlan.com. You herein agree not to display and/or use in any manner the Hob Knob
Brewing Company, LLC DBA BreweryBusinessPlan.com logo or marks without obtaining Hob Knob
Brewing Company, LLC DBA BreweryBusinessPlan.com’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com will always respect the intellectual
property of others, and we ask that all of our users do the same. With regards to appropriate circumstances
and at its sole discretion, Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com may disable
and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com Agent for notice of claims of
copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
Attn: Copyright Agent
9205 Cub Run Drive
Concord, North Carolina 28027
Telephone: 7049604032
Fax: 7049604032
Email: [email protected]
CLOSED CAPTIONING
BE IT KNOWN, that Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com complies with
all applicable Federal Communications Commission rules and regulations regarding the closed captioning
of video content. For more information, please visit our website at https://BreweryBusinessPlan.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com and shall govern the use of our Services, superseding any prior version of this
TOS between you and us with respect to Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com with regard to the TOS that the relationship between the parties shall be
governed by the laws of the state of North Carolina without regard to its conflict of law provisions and that
any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship
between you and Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com, shall be filed
within the courts having jurisdiction within the County of Cabarrus, North Carolina or the U.S. District
Court located in said state. You and Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com fail to exercise or
enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or
provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Hob Knob Brewing Company, LLC DBA
BreweryBusinessPlan.com as follows:
Mailing Address:
Hob Knob Brewing Company, LLC DBA BreweryBusinessPlan.com
9205 Cub Run Drive
Concord, North Carolina 28027
Telephone: 7049604032
Fax: 7049604032
Email: [email protected]