AleArchive

Terms of Use

Hops & Code, LLC (“Owner,” “we,” or “us”), provides this website, www.AleArchive.com, together with all site-related services and authorized mobile applications (collectively, the “Site”), subject to your compliance with the terms and conditions of this agreement (the “Agreement”). This Agreement governs the legal agreement between Hops & Code, LLC, and you, the Site visitor and/or member (“you”) with respect to your use of the Site. By using the Site, you agree to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Terms”). If you do not agree to these Terms, please do not use the Site. Please take a moment to carefully read through these Terms as well as our Privacy Policy which is incorporated herein by reference.

1. Description of Service and Acceptance of Binding Legal Agreement

Hops & Code, LLC, through the Site, provides both free and membership based online services which allow homebrewers to track and monitor all aspects of their homebrewing process, including several interconnected modules for brewers to track information on their ingredients, to track inventory levels of ingredients, to log and create beer recipes, track the brewing and fermentation process and display beers they are currently serving (collectively, the “Services”). Use of the Services is subject to compliance with these Terms, and by using the Services you agree to be legally bound by these Terms. These Terms apply to all users, including free members and paid members.

2. Changes to the Terms of Use by Owner

Owner may, in its sole discretion, modify or revise these Terms at any time by posting the modified or revised Terms on the Site, and you agree to be bound by such modifications or revisions. Any material modification or revision of these Terms shall be effective automatically on the date it is posted on the Site. Although w may attempt to notify you when major changes are made to these Terms, you should return periodically to review the most current version of this Agreement.

3. Access and Use of the Services

Age Limitations. To use the Site, you must be of a legal drinking age in your country, province, or state of residence for the consumption of alcoholic beverages and live in a country where consumption of alcoholic beverages is permitted. Please cease using the Site immediately if you are not of legal drinking age in your place of residence or are in a country where consumption of alcoholic beverages is not permitted.

By viewing or using this website in any way, you are confirming that you are of legal drinking age in your jurisdiction, and that you are agreeing to hold us harmless for any claims otherwise.

Your Responsibilities. You agree to use the Services for lawful and appropriate purposes only. You agree that you will not access the Site or use the Services in a way that:

  1. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  2. involves accessing the Services through any automated means, including “robots,” “spiders,” or “offline readers”;
  3. introduces any viruses, computer codes, files, or programs that are designed with the intent to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Owner’s servers, computer network, or user accounts;
  5. uses the Services to advertise or promote services that are not expressly approved in advance in writing by Owner;
  6. collects personally identifiable information in violation of Owner’s Privacy Policy;
  7. encourages conduct that would constitute a criminal offense or give rise to civil liability;
  8. accesses or uses the Services in a way that attempts to extract, copy, scrape, or reutilize the data and content, or any portions thereof, provided by the Service, including bulk downloads of data (e.g., bulk downloading the recipe information);
  9. abuses, threatens, harasses, impersonates, intimidates, or otherwise violates any legal rights of other users of the Site or the Owner;
  10. violates these Terms or any guidelines or policies posted by Owner;
  11. interferes with any other party’s use and enjoyment of the Services; or
  12. attempts to do any of the foregoing.

If Owner determines in its sole discretion that you are violating any of these Terms, we may (1) notify you and (2) use technical measures to block or restrict your access or use of the Site. In either case, you agree to immediately cease accessing or using in any way (or attempting to access or use) the Site, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. For continued violations, we reserve the right to cancel your membership and a delete your account and all associated data.

No Spam/Unsolicited Communications. No one may use the Site to harvest information about users to send, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may implement technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Downloads. To participate in certain Services, you may be notified that it is necessary to download software or other materials and/or agree to additional terms and conditions. Unless otherwise provided by any such additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. Owner, in its sole discretion, may change, suspend, or discontinue some or all the Services, with respect to any or all users, at any time without notice. You agree that Owner will not be liable to you for any modification, suspension, or discontinuance of the Services.

4. Accounts and Registration

By choosing to register or create an account with us, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, incomplete or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of the Site.

As part of the registration process, you will be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting the Site and immediately notify us of the problem by phone or email. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Premium memberships and additional storage for recipes and brew sessions may be purchased for a one-time fee. Premium memberships will apply and will allow users access to the site as long as the site is operational. No refunds shall be provided for any membership purchase or additional storage purchases for any reason. Owner reserves the right to change the price of membership or cease operation of the site at any time. If the site operation is ceased, Owner will provide premium members with as much advance notification of the cessation as possible.

Your account may be used only by a single person; a single account shared by multiple people is not permitted.

5. Collection and Use of Personal Information

Use by Owner. For information about the Owner’s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy located on the Site ( alearchive.com/privacy). The Privacy Policy is incorporated by reference and made part of these Terms of Use.

Use by Other Users. You agree and acknowledge that by using the Site and by opting to provide personally identifiable information and other information, including without limitation, recipes and ingredients, on the Site you are choosing to make the information you provide available to other users. The foregoing does not mean that personally identifiable information will be made available to other users; however, if you choose to use personally identifiable information in a manner that would be visible to the public – for instance, using personally identifiable information in your name or a recipe – you agree and acknowledge that such information would be visible and available to other users. Paid users shall have the option of keeping their ingredient and/or recipe information private; free users will not have such an option. You may terminate your use of the Services that require such information and thereby opt out of providing such information at any time by taking the required action to opt out and terminate such Services on the Site.

All users are legally bound by these Terms, and Owner will make reasonable efforts to enforce these Terms. However, you understand that you are choosing to provide your information at your own risk, and YOU AGREE AND ACKNOWLEDGE THAT OWNER AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIM OR INJURY BY OR AGAINST ANOTHER USER OF THE SERVICES AS A RESULT OF THEIR USE OF THE SERVICES, WHETHER ARISING OUT OF A VIOLATION OF THESE TERMS OR FOR ANY OTHER REASON.

6. User Reviews, Comments, and Other Material

Your Posts. In connection with their use of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post” or “Posting”) reviews, comments, or other materials (collectively, “User Material”). By Posting any User Material you agree that your User Material:

  1. is your own original work or you are authorized to provide it to our site and that you have the right to give us permission to use it for the purposes set out in these terms;
  2. will not contain or promote anything illegal, harmful, harassing, misleading, vulgar, abusive, defamatory or anything else that might cause widespread offense or bring us or our business partners into disrepute;
  3. does not affect any other person’s privacy rights, contract rights or any other rights;
  4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our site;
  5. will, if used to promote your own business or services, clearly, expressly and openly state your association with the particular business;
  6. will not contain any form of mass-mailing or spam.

Owner is not responsible for and shall have no liability for any Posting of User Material that infringes on the rights of a third party.

Ownership/License. You own your User Material at all times, and you continue to have the right to use it in any way you choose. By Posting any User Material on our site, you grant us a limited, non-exclusive license, irrevocably and free of charge, to use the User Material (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Material to selected third party partners, service providers, social media and networking sites.

User Material shall not include any unsolicited ideas for new products, improvements or enhancements to existing products, marketing campaigns or promotions, processes, business practices or similar concepts. Owner does not accept such unsolicited ideas, and you shall not submit them in any form to Owner or its agents or employees. Please refrain from sending or providing such submissions in any form to Owner or any of its employees or contractors. The purpose of this policy is to avoid potential misunderstandings or disputes regarding the ownership of any ideas you may submit. Regardless of any disclaimer you may include, any unsolicited ideas that you send relating to the above topics shall automatically become the property of the Owner, and Owner shall owe no compensation nor duty of confidentiality to you and may use the information you submit in its sole discretion, including the unrestricted use or redistribution of the submissions and their contents for any purpose and in any way. Owner shall have no duty to review the submissions.

Feedback. Notwithstanding the foregoing, Owner welcomes your feedback regarding many areas of the Site and the Services. To send us feedback, please use the forms located at alearchive.com/contact. Please limit the feedback to only matters that pertain to Owner’s existing Services and the Site.

The feedback you provide shall be deemed non-confidential and not proprietary. Owner shall have the unrestricted right to use and redistribute such information without any compensation to you.

7. Linked Destinations and Advertising

Third-Party Destinations. If we provide links to other websites, you should not infer or assume that Owner operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link on the Site, we will not warn you that you will leave or have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. It is your responsibility to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Owner is not responsible for the content or practices of any website other than the Site.

Advertisements. Owner assumes no responsibility and shall not be liable for advertisements or any third-party material Posted on the Site. Owner does it take any responsibility and shall not be liable for the products or services provided by advertisers or any third-party material Posted on the Site. Any dealings you have with advertisers found while using the Services are between you and the advertisers, and you agree that Owner is not liable for any loss or claim that you may have against an advertiser.

8. Trademarks

Hops & Code, LLC, Ale Archive, www.AleArchive.com, Owner’s logo, and other of Owner’s marks, graphics, logos, scripts, and sounds are trademarks of Owner. None of these trademarks may be copied, downloaded, or otherwise exploited.

9. Disclaimer of Warranties, Limitation of Liability, and Indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, THE OTHER SERVICES, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED BY OWNER IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OWNER DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, OR ERROR FREE.

IN NO EVENT SHALL OWNER OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “OWNER PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNER PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

10. General Information

Governing Law and Jurisdiction. Unless otherwise specified, the materials on the Site are presented solely to promote its content in the United States, its territories and possessions. This Site is controlled and operated by Owner from its offices within the State of Illinois, United States of America. Owner makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any legal action or proceeding related to this Site or the Service(s) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Champaign County, Illinois.

Entire Agreement. These Terms, together with the Privacy Policy at alearchive.com/privacy and any other legal notices published by Owner on the Site, shall constitute the entire agreement between you and Owner concerning your use of the Site and Services.

Reliance. If you see other parties violating these Terms, please bring it to our attention. Precisely how Owner responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on Owner’s precise response with respect to one party or one situation as any indication of what Owner might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it.

Waiver and Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND OWNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Disclaimer

The Owner hereby makes no claims about the safety or quality of the recipes provided by the Site. If you brew a recipe and consume the resulting beverage, you agree that you are aware of the risks involved and will consume the beverage at your own risk. The Owner shall assume no responsibility and shall not be liable for any issues that may arise from your use of the recipes.

12. Digital Millennium Copyright Act

Notice. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Direct your copyright infringement notification to our Copyright Agent at:

Copyright Agent
Hops & Code LLC
1004 Cascade Dr
Savoy, IL, 61874
email: copyright@hopsandcodeDOTcom
ph: 765 893 1137

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Users who repeatedly post copyrighted material for which they do not own the rights, may have their account suspended or deleted – with no refund if they are paid members.

Counter-Notice. If your content was incorrectly removed (or to which access was disabled) pursuant to an alleged DMCA violation and you believe that the content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, the Owner may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Owner's sole discretion.