April 22, 2021
Agreement to Terms
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.
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 rogue.com/join-us. 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
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.
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
We accept exchanges and returns of non-alcohol products, pursuant to the policy below. Due to state and federal law, we do not accept exchanges or returns of alcohol products. If you have any questions or concerns regarding an alcohol product you purchased, please contact us at firstname.lastname@example.org.
Exchanges and returns must be made within the first 30 days of you receiving the product. Requests must be made by emailing email@example.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 firstname.lastname@example.org. 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 email@example.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.
We do not accept returns of perishable items, alcoholic or otherwise. If you have questions or concerns about a perishable item you purchased, please contact us at firstname.lastname@example.org.
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.
• 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.
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 email@example.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.
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
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.
Arbitration Agreement and Class Action Waiver
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.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at 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.
• 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.
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.