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Terms of Service

These Terms of Use apply to https://www.foothillsbrewing.com/ The website is the property of 638 Brewing Co. / d.b.a. Foothills Beverage Company. 638 Brewing operates the Site, an online e-commerce platform connecting lawfully compliant Users and providing educational information to lawfully compliant Users (the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you”, “your” and “User” refer to you, a user of our Site and/or Services.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. IMPORTANT DISCLAIMERS.

1.1 Acknowledgement of Applicable Laws: THE PRODUCTS DISPLAYED AND AVAILABLE FOR SALE ON THIS SITE (1) ARE HEMP-DERIVED CANNABINOID PRODUCTS THAT COMPLY WITH THE FEDERAL LEGAL LIIMIT CONTAINING LESS THAN ZERO AND THREE-TENTHS (0.3%) DELTA-9 TETRAHYDROCANNABINOL (THC), (2) DO NOT CLAIM TO DIAGNOSE, TREAT, MITIGATE, CURE, OR PREVENT ANY DISEASE, AND (3) HAVE NOT BEEN EVALUATED OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA) FOR SAFETY, EFFICACY, EFFECTIVENESS, OR QUALITY.

You expressly acknowledge that you are familiar and assume full responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the products on the Site in your state and local municipality. You are responsible for ensuring that your use of the Site and Services is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third-parties. User expressly acknowledges that the products available for sale on the Site not been approved by the FDA and such fact shall not constitute a breach of any term, provision, or obligation herein, and User hereby expressly waives and relinquishes any rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, such fact.

1.2 Use. The Site and the Service is controlled and operated by Foothills Beverage Company. Foothills beverage Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in Your location. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than North Carolina.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9 OR ELSEWHERE IN THIS AGREEMENT.

2. ACCESS TO AND USE OF THE SITE AND/OR THE SERVICE.

2.1 Eligibility. IN ORDER TO USE AND ENJOY THE SITE AND/OR THE SERVICE, YOU MUST BE 21 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 21 PLEASE IMMEDIATELY CEASE YOUR USE OF THE SITE.

2.2 Payment Processing. Notwithstanding any amounts owed to the Company hereunder, THE COMPANY DOES NOT PROCESS PAYMENT FOR ANY SERVICES.

To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to this Agreement, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Foothills Beverage Company assumes no liability or responsibility for any payments you make through the Service.

2.3 Refunds and Cancellations. Payments made by you hereunder are final and non-refundable, unless otherwise determined by the Foothills Beverage Company. Orders for products purchased on the Site that have already been processed prior to cancellation may not be canceled.

3. INDEMNITY.

To the extent permitted under applicable law, you agree to indemnify and hold Foothills Beverage Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services; (ii) your use or misuse of Linked Sites; (iii) your violation of this Agreement; and/or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

4. Our Contact Information.

Foothills Beverage Company
638 4th Street
Winston-Salem, NC 27101

Attention: Hemp-Based THC

Email: hello@foothillsbrewing.com

Please check back periodically for updates.