By subscribing to, purchasing, or reading one or more of BeerNet Communications, Inc.'s (a division of Schuhmacher Beer Company, Inc.) newsletters or other publications, and/or by using the BeerNet Online website (www.beernet.com), all collectively referred to as "BeerNet", you agree to the following terms and conditions.
Most importantly, while BeerNet strives for accuracy, BeerNet will not be held responsible for losses or other claims as a result of decisions made from incorrect or even correct information found on this website or in any of our publications. All information must be verified independently by the reader. Read Article 7 below for full details.
1. Changes to Agreement.
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7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF BeerNet AND THE CONTENT AVAILABLE THROUGH BeerNet IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give legal, tax, or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for legal, tax, and investment advice. SCHUHMACHER BEER COMPANY, INC., BEERNET COMMUNICATIONS, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR ACCESS OR USE OF BEERNET AND/OR ITS PUBLICATIONS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE BEERNET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN BEERNET'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your use of BeerNet and/or any of its publications and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of BeerNet. We may discontinue or change BeerNet, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America applicable to contracts made entirely within Texas and wholly performed in Texas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Bexar County, Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or any other foreign entity. Comments made to BeerNet by executives or employees of publicly traded firms may be forward looking statements. Check the company's website or SEC filings for safe harbor language. Harry Schuhmacher, through his personal portfolio, owns stock in many of the beverage companies he covers. He does not ever short stock, and does not trade actively upon news. By using the BeerNet Online website and/or by reading or using any of BeerNet's publications or writings, whether you are a subscriber or not, you implicitly agree to the terms of this Agreement. Thank you.