Trademark, Terms & Conditions and Privacy Policy

Growler Fills, LLC, a Montana limited liability company.

Trademarks, Copyrights and Intellectual Property

1.  Trademarks and Intellectual Property: The Growler Fills name, logos, clothing designs and other product designs and other materials on this site contain both registered and unregistered trademarks owned by Growler Fills, LLC.  By entering this Site, you acknowledge and agree that all names, logos, trademarks and other intellectual property contained here is owned or licensed by Growler Fills, LLC, and may not be used by you or anyone else without Growler Fills, LLC’s prior written permission.  All of this takes a lot of time, expense and effort and Growler Fills, LLC has and will enforce its intellectual property rights as allowed by law. Any unauthorized use of the name, logo, designs or other intellectual property may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.

2.  Copyrights belong to Growler Fills, LLC: Growler Fills, LLC is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Growler Fills’ express prior written permission, except as otherwise explicitly stated herein, which is very rare. Occasional reproduction of written materials for limited purposes of furthering discussion on related topics is permitted, but only with full attribution to the author, notice to the author, and so long as a link to the original content is included.  Failure to include such information or any attempt to make such materials appear as original content on any other site is a violation of this limited permission. Any modification, re-posting or use of the material on this Site for any other purpose violates Growler Fills, LLC’s legal rights and is not permitted.

Terms of Use of the Site

1. Agreement to terms: By entering this web site (the “Site”), you acknowledge and agree to the terms and conditions stated on this page. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages and all content of the Site.

2. No confidentiality; use of information:  Subject to the exceptions listed in the Privacy Policy set forth below, by entering this Site you acknowledge and agree that any information, material or communication of any kind that you transmit, send, or post to this Site in any manner and for any reason will not be treated as confidential or proprietary (a “User Communication”). In other words, nothing you post in the public comment areas here is private. Growler Fills, LLC does not assume and will have no obligation whatsoever with respect to any User Communication. You acknowledge and agree that any User Communication you make here may be broadcast, posted, published, copied, disclosed, distributed, incorporated or otherwise used by Growler Fills, LLC or its designees anywhere, anytime and for any purpose whatsoever. You acknowledge and agree that, as transmissions over the Internet are never completely private or secure, any User Communication you send to this Site may be read or otherwise intercepted by a third party. We cannot control that.  Growler Fills, LLC does not assume and shall not have any special responsibility to you by virtue of you sending any User Communication to Growler Fills, LLC. You must also know that we may delete any communication or other information you post or send to this site for any reason or no reason at all. This is particularly true if you’re a jerk.

3. Online Surveys, Sweepstakes and Contests:  It is possible that from time to time we may conduct online surveys, sweepstakes, and/or contests (“Promotion”). If you wish to participate in a Promotion, you may be asked for certain information about yourself including, without limitation, contact information or demographic information (“Information”). We may use this Information to provide you with certain information about Growler Fills, LLC, promotional material, or to contact you when necessary. Any such use shall be in accordance with our Privacy Policy. Each Promotion may have its own terms and conditions separate from this Section and you must agree to such terms in order to engage in the Promotion.

4. Shopping: Growler Fills, LLC offers certain products for sale at the Site through WordPress enabled shopping software connected to PayPal for payment processing. To complete a purchase, you will be asked to provide certain contact information (such as your name and email address), financial information (such as account and/or credit card numbers) and demographic information (such as zip code). The information you provide will be used to bill you for those products and services you have requested.  This Site will not collect or store your financial information and any such information and payment processing is governed by the terms and conditions of PayPal. By providing your credit card or other method of payment and related personal information, you are authorizing the Growler Fills, LLC store to confirm and fulfill your order upon receipt of payment. We will use the contact information provided on the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary.

5. Unlawful behavior: You are prohibited from posting on this Site, or otherwise transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. We do not assume any responsibility or liability which may arise from the content of such communications and information including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Further, don’t be a jerk.

6. No warranty on content, information or materials: In addition to the occasional facts and product descriptions, this site contains a significant amount of opinion and discussion.  Growler Fills, LLC will make all reasonable efforts to ensure facts and product descriptions are accurate at the time they are posted. However, as all material is archived and,  as is the nature of any blog type site, some information inevitably changes over time, Growler Fills, LLC cannot guarantee the accuracy of any of the content contained on the Site.  Therefore, Growler Fills, LLC, makes no warranties or representations of any kind as to its accuracy.

7. Entry at your own risk; disclaimer: ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, GROWLER FILLS, LLC EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GROWLER FILLS, LLC’S NEGLIGENCE, WILL GROWLER FILLS, LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THIS SITE, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THIS SITE INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF GROWLER FILLS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GROWLER FILLS, LLC FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL GROWLER FILLS, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

8. Indemnification: You agree to indemnify, defend and hold Growler Fills, LLC and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents and partners (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in Growler Fills, LLC’s defense of any such claim. Growler Fills, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In no event shall you settle any such matter without the express prior written consent of Growler Fills, LLC.

9. Hyperlinks: Numerous links to other sites throughout the internet exist in the posts and other content on this Site. Growler Fills, LLC provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Growler Fills, LLC disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content, information or other materials contained on any other site. By entering this Site you acknowledge and agree that Growler Fills, LLC has not have reviewed all sites linked to this Site and is not responsible for the content of any off-Site pages or any other site linked to this Site. If your link to this Site or you use any links to view other sites, you are doing so at your own risk.

10. Public forums: This Site may make available comment forms, chat rooms, forums, message boards, and other methods of submitting your views on any of the content contained herein.  Any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Any entries you make on this Site that are in conflict with our Terms of Use or in any other way bothersome to Growler Fills, LLC in its sole discretion will be removed by Growler Fills, LLC. However,  we cannot guard every part of the Site every time of the day, and we assume no responsibility or liability which may arise from the content of any message or other information posted by any third party on the Site.

11. Revision of Terms of Use/Site Content: Growler Fills, LLC reserves the right to revise these Terms of Use at any time, for any reason and without notice or obligation, by updating this page and such revisions shall become effective immediately upon posting. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. As painfully boring as it may be, you may wish to periodically visit this page of the Site to review these Terms and Conditions of use.

12. Applicable law: By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of Montana, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Growler Fills, LLC makes no representation that the content contained within this Site is appropriate for countries outside the United States, or for any particular individual for that matter. Any and all information contained in this Site including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and Growler Fills, LLC arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by Montana law and that exclusive jurisdiction resides in the courts of the State of Montana, Missoula County, USA.

13. General Provisions: These Terms of Use and those found in our Privacy Policy set forth the entire understanding and agreement between you and Growler Fills, LLC with respect to the Site and your use thereof. You acknowledge that any other agreements between you and Growler Fills, LLC with respect to the Site, if any, are superseded and of no force or effect. If any provision of these Terms and Conditions of use, including the Privacy Policy, shall be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy