Terms of Use

1. OWNERSHIP. This website, and each of its components, is the copyrighted property of ShaKa Brewing LLC ("ShaKa Brewing"), and its affiliates, and various third-party providers. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of ShaKa Brewing and its third-party providers. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of ShaKa Brewing, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of ShaKa Brewing or such other party that may own the Trademark.

2. USE OF SITE. By having entered this website you have confirmed that you are at least 21 years of age. You may only use this website to browse the content, make inquiries to ShaKa Brewing, order ShaKa Brewing products and not for any other purposes. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. ShaKa Brewing does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. ShaKa Brewing does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized ShaKa Brewing (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur because of the use of this website. You understand that you are financially responsible for all uses of this website by you.

4. PRIVACY. You represent that you have read the ShaKa Brewing Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to ShaKa Brewing and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the ShaKa Brewing Privacy Policy. ShaKa Brewing Privacy Policy can be found here.

5. EXCLUSION OF WARRANTY. SHAKA BREWING AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. SHAKA BREWING AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. SHAKA BREWING WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE SHAKA BREWING COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. ShaKa Brewing may make additions, deletions, or modifications to the Information at any time without any prior notification.

6. LIMITATION OF LIABILITY. SHAKA BREWING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL SHAKA BREWING OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY ShaKa Brewing OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

7. INDEMNIFICATION. You shall defend and indemnify ShaKa Brewing and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.

8. SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to ShaKa Brewing regarding the products or services of ShaKa Brewing. Submissions will not be confidential and will become the property of ShaKa Brewing upon submission to ShaKa Brewing. By providing any Submissions, you agree to assign to ShaKa Brewing, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to ShaKa Brewing will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ShaKa Brewing, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Except as expressly stated and agreed upon in advance by ShaKa Brewing, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to ShaKa Brewing (such as feedback, questions, comments, suggestions, ideas, etc.). If any ShaKa Brewing website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ShaKa Brewing shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ShaKa Brewing shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to ShaKa Brewing is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

9. PRODUCT AND SERVICE AVAILABILITY. Reference to any product or service on the website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available at the moment you order it. ShaKa Brewing manages all or portions of the website from California, in the United States of America. We in no way imply that the materials on the website are appropriate or available for use outside of California and we may not be able to fill your order if you require shipping outside of California. We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

10. COLORS. ShaKa Brewing attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your display. We cannot guarantee that any color will be accurate on your display.

11. BACKORDERS (OUT OF STOCK). Backordered merchandise includes items that are not currently in stock. We will notify you if a backorder situation exists.

12. PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price

13. ORDER ACCEPTANCE. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.

14. SALES TAX. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California.

15. REGISTRATION AND SECURITY. By having entered this website you have confirmed that you are at least 21 years of age. If you wish to purchase any products or use certain services on the website, you must provide certain minimum required information to us. By entering any information on the website, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We will use all information provided to us in accordance with our Privacy Policy.

16. PAYMENT. You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.

17. RELATIONSHIP. Your use of this website is independent of ShaKa Brewing and not as an employee, agent, partner, or joint venturer with ShaKa Brewing for any purpose. We will permit our independent sales representatives to access portions of this website.

18. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Santa Clara County, California, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.

19. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

20. MODIFICATION. ShaKa Brewing may at any time modify these Terms of Use in our discretion without notice. Your use of this website will be conditioned upon the Terms of Use posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use our website.

21. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.

22. SEVERABILITY. These terms and conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

23. HEADINGS. The heading used in these Terms of Use are included by convenience only and will not limit or otherwise affect these Terms of Use.

24. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

25. HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at privacy@shakabrewing.com.