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Terms of Use

November 1, 2019

Agreement to Terms
Thanks for visiting the Rogue website! We ask that you read these Terms of Use carefully as it is a legal agreement between you and Rogue Ales & Spirits (“Rogue” or “us,” “we,” etc.) that governs your use of Rogue’s website (the “Website”) and purchase of products from Rogue.

By purchasing products or otherwise accessing the Website, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered user. If you do not agree to these Terms of Use, please do not use the Website. You must be at least 21 years old to use the Website.

You agree to our use of your personal information in accordance with our Privacy Policy, which is available at rogue.com/privacy. You use of the Website is subject to the Privacy Policy.

Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and Rogue will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Changes to the Terms of Use
Like our products, our business continues to evolve. Accordingly, we have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our Website or by communicating with you directly. Your continued use of the Website will be considered your acceptance to the revised Terms of Use.
Because we constantly improve the Website, we may change or discontinue any part of the Website, at any time and without notice.

Rogue Nation Accounts
You may elect to join the Rogue Nation by signing up at https://www.rogue.com/rogue-nation. Please provide accurate and complete information when creating your account and for the duration that you use the Website. You’re responsible for all activities that occur under your account, whether or not you know about them.

Ordering, Shipping, and Returns
Orders
All orders placed through the Website are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order, or we will notify you if a shipment may be made at a later date.

International Shipments
We currently do not ship outside of the U.S. Please check back in the future, to see if our policies have changed.

Returns and Exchanges
Exchanges and returns must be made within the first 30 days of you receiving the product. Requests must be made by emailing customerservice@rogue.com.

Exchanges: For all exchanges, the item must be returned to us.

Item Received Damaged: If you receive a damaged item, you may request an exchange by emailing customerservice@rogue.com. Evidence of any damage may be requested prior to our processing an exchange. When we confirm the item was damaged before you received it, you will be sent a return label together with the replacement item.

Undamaged Items: If you wish to exchange an undamaged item, the product must be returned. A return label will be mailed to you and you must return the item within 30 days of receiving the return label. Once we receive the returned item and confirm it was unused and undamaged, we will ship the replacement item.

Returns: Please submit a return request to customerservice@rogue.com. A return label will be sent directly to you and you must return the item within 30 days of receiving return label. Refunds will be processed within 7 days of our confirmation that the item has been unused and undamaged.

Intellectual Property
All materials included on the Website, such as product images and information, videos, graphics, articles and reports, and the software powering the Website (“Materials”), are the property of Rogue or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

ROGUE®, ROGUE FARMS®, DEAD GUY ALE® and other trademarks and logos that we use are trademarks of Rogue. Any third-party trademarks that appear on the Website are the property of their respective owners. You may not use any of these trademarks without express written permission from Rogue or their owners.

Limited License
So long as you comply with these Terms of Use, you may access the Website and view the Materials for non-commercial purposes. You may download and print a reasonable number of the Materials for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions
Your right to use the Website is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to):
• Use any manual process or robot, spider, scraper, or other automated means to collect information from the Website or from other Website users;
• Use the Materials or other data or information from the Website for commercial purposes;
• Mirror any Materials contained on the Website or any Rogue server or use framing techniques to enclose the Website or any part of the Website;
• Circumvent any of the technical limitations of the Website;
• Interfere with or prevent access to the Website by other users, or impose an unreasonable service request or usage load on our infrastructure;
• Change or remove any copyright, trademark, or other proprietary notices on the Materials or Website;
• Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
• Use any metatags or any other hidden text incorporating Rogue’s name or trademarks in any online site or posting;
• Solicit, trace or otherwise collect any information from users or visitors of the Website;
• Use the Website for commercial activities such as contests or advertising; or
• Create a database by downloading and storing the Materials.

User Feedback and Other Data
Your feedback and Website participation are important to us. With respect to any content you submit or make available to Rogue or on the Website (including through social media channels), such as your biography, comments, reviews, pictures, videos and other content (“User Content”), you grant to Rogue a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.
In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to Rogue.
You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Copyright Takedown Policy
Rogue respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at legal@rogue.com and provide the following information:
• A description of the copyrighted work that you believe has been infringed;
• A description of what the allegedly infringing work is;
• A description of the location where the allegedly infringing work is located on the Website;
• An address and telephone number where you can be contacted, including an email address if possible;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
• A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.
Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and Rogue may be recorded.

Termination; Cooperation with Law Enforcement
If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Website, and investigate and suspected violations of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.

Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROGUE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL ROGUE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MATERIALS EXCEED THE PRICE YOU PAID FOR ANY PRODUCTS ORDERED THROUGH THE WEBSITE.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Rogue and you. 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.
Indemnity

You agree to defend and indemnify Rogue, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Disputes
These Terms of Use and any related disputes will be interpreted under and be governed by the laws of the state of Oregon, without reference to its conflicts of law principles. You and Rogue both consent to the jurisdiction of the state and federal courts located in the state of Oregon, USA, in connection with all actions arising out of or in connection with these Terms of Use, and each waives any objections that venue is an inconvenient forum.

Arbitration Agreement and Class Action Waiver
Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with Rogue, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that Rogue and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and Rogue each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to legal@rogue.com or a letter to Rogue Ales, Attention: Legal, 2320 OSU Drive, Newport, OR 97365 within 30 days after the date you first agree to these Terms of Use. If you don’t provide Rogue with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Rogue will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Miscellaneous
• Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, User Feedback and Other Data, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
• Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Rogue without restriction.
• Limitations on Claims. Any cause of action or claim you may have with respect to Rogue or the Website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
• No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.
• Entire Agreement. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Website. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information
We would love to hear from you. You may contact us by using our Contact Us, or at 503.972.3284 with any questions about the Website or our products.