Website Terms of Service
Welcome to our website. Beers Mallers owns and operates this website, beersmallers.com (“Website”). By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
- Ownership and Use of Content.
(b) Beers Mallers makes no claims that this Website and its Content are appropriate or may be downloaded outside of the location in which Beers Mallers has a physical location. Access to the Content may not be legal by certain persons or in other countries, so if you access the Website from outside Beers Mallers’ location, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Beers Mallers name, Beers Mallers logos, trademarks (whether issued or applied for), service marks, and all related names, logos, trade dress, products and service names, designs, and slogans are the intellectual property of Beers Mallers or its affiliates or licensors. You must not use such marks without the prior written permission of Beers Mallers. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Intended Audience.
This Website is intended for adults only. This Website is not intended for any user under the age of 18. Certain sections of this Website are intended for particular audiences including Beers Mallers’ employees and customers, as well as the general public.
- Website Use.
(a) Beers Mallers grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use. By using the Website, you agree not to use the Website in violation of any applicable laws, not to use it for insertion of your own or a third party’s advertising, branding or other promotional content, nor to infringe or violate any third party rights, or employ any device intended to disable or impair the Website’s operation.
(b)You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products, or services in violation of any law. The use of this Website is at the discretion of Beers Mallers and Beers Mallers may terminate your use of this website at any time.
(c)By using the Website you understand that an attorney-client relationship is not formed. The information included within the Website is for informational purposes only and should not be considered legal advice. Information submitted through the Website will not be considered confidential or privileged. Users of the Website should contact Beers Mallers to confirm that a conflict does not exist, and the Beers Mallers is willing to accept representation before submitting confidential or sensitive information. Please do not send confidential information to us until you speak with one of our attorneys and receive authorization to do so. Any unsolicited request or information received by Beers Mallers will not be regarded as confidential.
(d) The information on the Website may not reflect the most current developments. Users should not act upon this information without consulting legal counsel.
- Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Website. You further agree that the information provided by you is truthful and accurate to the best of your knowledge.
- Services Available.
This Website has been established primarily for the benefit and use of Beers Mallers’ clients and potential clients. Not all services referred to may be available or available to certain users based on conflicts with current clients, and Beers Mallers may change or discontinue the service described by this Website at any time. This Website may include inaccuracies, and the information in this Website may be changed periodically. Any rate information, pricing, or quotes are subject to change at the discretion of Beers Mallers. Check with legal counsel before relying on any information found in this Website.
- Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEERS MALLERS NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANY PERSON ASSOCIATED WITH BEERS MALLERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BEERS MALLERS NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANYONE ASSOCIATED WITH BEERS MALLERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BEERS MALLERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL BEERS MALLERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NEITHER BEERS MALLERS NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANYONE ASSOCIATED WITH BEERS MALLERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
- Links from the Website.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in articles, profiles, and to other sites that include banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
- Use of Information.
- Applicable Law.
- Waiver and Severability.
- Relationship of the Parties.
- Entire Agreement.
Beers Mallers respect your privacy and are committed to protecting the privacy of visitors to our Website, contacts for our clients and prospective clients, contacts for suppliers of goods and services to Beers Mallers, candidates for employment or engagement, and any other individuals about whom Beers Mallers obtains personal information (each, “you”). Beers Mallers provides or otherwise makes available to you certain online services, including our Website, and other online programs, as well as services we may offer to you (collectively, the “Services”). This Policy discloses the privacy practices and possible uses of information that beersmallers.com (our “Website”) collects via the Services. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Website.
If you have any questions about this Policy, please feel free to contact us in the manner in the manner noted in Section 6.
IMPORTANT: BY USING THE WEBSITE AND/OR OFFERINGS AVAILABLE ON THIS WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
- Types of Information We Collect.
(a) Personally Identifiable Information: This refers to information that lets us know the specifics of who you are by such as submitting content in the Contact Us form, including name, company, title, address and email information; through our Payment Portal by submitting your name, address, credit card information; through our Client Portal by providing an email address; via email, or sending us feedback, we may ask you to provide certain information about yourself.
Examples of PII may include your first and last name, email address, postal mailing address (including city, state or province zip code), telephone and facsimile numbers, and payment information, as well as other identifying information such as IP address, user and device name and geolocation.
You may choose not to provide certain information, by simply not entering or providing the information, but as a result, you may not be able to take advantage of some or all of our Services. Or you may withdraw your consent to use your PII at any time, by clearing or blocking cookies as described in Section 4 or utilizing the contact information provided in Section 6.
We do not disclose PII to third parties, except (1) when we have your permission, (2) when the disclosure is necessary for the purpose for which the information was obtained, as disclosed herein, (3) when the third party is acting on behalf of us to provide or manage the Website or the Services, (4) when required by applicable law, or (5) where otherwise stated in this Policy.
Some recipients to whom we disclose your PII may be located in jurisdictions outside your jurisdiction of residence, and, as a result, your PII may be used, stored, or accessed in countries outside of your jurisdiction of residence. In such cases, the PII will be subject to the laws of the country in which it is situated, and these jurisdictions may not have an equivalent level of data protection as those in your country.
(b) Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Website and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the website you just came from, which URL you go to after visiting our Website, what browser you are using, and your Internet Protocol (“IP”) address.
- How We Collect and Use Information.
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Website. These may include: (a) using our Contact Us form; (b) sending us an email message; or (c) submitting information via a registration form, Client Portal or Payment Portal; or transmitting other information by telephone or letter.
We may use your PII for the following purposes and, for each purpose, based on the following legal grounds:
- Provision of legal services – we may use personal information that you voluntarily submit to us on the Website or during the course of our engagement, regardless of the media used, such as identification data, contact details, and other service data that we may process in connection with the provision of services. Barrett’s work for you may also involve providing such information to third parties, such as expert witnesses and other professional advisers in order to represent your interests most effectively.
- Administration of client and vendor relationships – we may use identification data, contact details, financial data, and other service data, including for the processing of invoices, the updating of client records, and the management of our vendor relationships.
- Addressing client inquiries/feedback – we may use identification data, contact details, and other service data for this purpose. It may be necessary for our legitimate interests to establish or maintain a relationship with you; it is also in your interest to receive a response from us when you contact us.
- Sending relevant marketing messages and inviting you to events/seminars – we may use identification data, contact details, cookie, and device data, and mailing list data to communicate with you by way of email alerts and post to provide you with information about our events, seminars, or services that may be of interest to you. This processing is necessary for our legitimate interest to send you tailored marketing messages, client newsletters, and invitations to relevant events and seminars.
- Improving our Website – we use cookie and device data to improve the functionality and user-friendliness of our Website. This processing is necessary for our legitimate interests to constantly monitor and improve our online presence and services to you.
- Keeping our Website and IT systems and processes safe – we use identification data, contact details, financial data, cookie and device data, and other service data. This processing is necessary to perform our contract with you and to ensure the security and confidentiality of your data. It is also necessary for our legitimate interests to prevent illegal activities, including fraud, which could harm you and us.
- Complying with legal or regulatory inquiries/requests – we may use identification data, contact details, financial data, cookie and device data, and legal and regulatory compliance data (including for anti-money laundering or fraud detection purposes, statutory returns and fulfillment of Beers Mallers ethical obligations). This processing is necessary for the purpose of complying with legal requirements that apply to Barrett.
The technologies we use for this automatic data collection may include:
(b) Tracking Technologies. Such technologies that may record information such as Internet domain and host names, IP addresses, browser software and operating systems, and dates and times of use. We use Google Analytics to collect information regarding your behavior, demographics, and geolocation or to help us to better develop Website Content. For more information about Google Analytics, go to www.google.com/policies/privacy/partners. You can also opt-out by going to http://tools.google.com/dlpage/gaoptout.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.
- User Choices on Collection and Use of Information.
We may, from time to time, send you an email regarding new products and services, or legal information that we feel may interest you. In addition, if you registered for an event or webinar through our Website we will automatically include you in receiving offers or information from us and we may occasionally call or send you direct mail about products and services that may be of interest to you. Only Barrett (or agents working on behalf of Barrett and under confidentiality agreements) will send you these solicitations. If you do not want to receive solicitations from us, you can “opt-out” by clicking the “opt-out” feature at the bottom of any email correspondence or contacting Barrett to inform the appropriate individual(s) that you no longer wish to receive such offers and mailings.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.
- Disclosure of Your Information.
We may disclose Aggregated Information about our users without restriction. We may disclose PII that we collect, or you provide as described in this policy:
- To contractors, service providers, and other third parties we use to support our business, including vendors that will process your PII on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, financial institutions, customer relationship management databases and other cloud-based solutions, third party companies providing us with business analytics and statistics to assist with our marketing campaigns, and third party venues in which we may host events and seminars. We contract with such vendors to ensure that they only process your personal information under our instructions and ensure the security and confidentiality of your personal information by implementing the appropriate technical and organizational measures for such processing;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Barrett’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Barrett about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your PII:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Barrett, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Updating and Correcting Information; Contact Information.
Attn: Marketing Director
110 W. Berry St. Suite 1100
Fort Wayne, IN 46802
Please include your name, address, and/or email address when you contact us.
It may be impossible to completely delete your information without some residual information because of backups.
- Security of Your PII.
At our Website, you can be assured that we take the protection of your PII seriously. We employ measures to protect your PII against loss or theft, as well as unauthorized access, disclosure, copying, use, modification, or destruction thereof utilizing security measures, including physical, organization, and technological measures consistent with current industry standards. For example:
- We work hard to ensure that the data we collect is reliable, accurate, complete, and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
- We limit access to PII only to specific employees, contractors, and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account or information in order to allow them to troubleshoot problems you may be having with the Website.
- Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.
- Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.
In order to most effectively serve you, payments made through the Payment Portal are handled by established third party payment processing institutions, and processing agents. They receive the information needed to verify and authorize your credit card or other payment information and to process your payment. We take care to use third-party vendors and service providers that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed.
(a) Intended Audience. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use, or disclose PII about minor visitors.
(b) Voluntary Public PII Disclosure. You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, company name, job title, and physical address) in the Contact Us Forms, Registration Form, Client Portal or Payment Portal or other public areas on this Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Website Terms and Conditions of Use Agreement for our Website Conduct policies [beersmallers.com/terms/].
Accessibility Statement for BEERSMALLERS.COM
Beers Mallers and Patterson Riegel Advertising are committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
Measures to support accessibility
The Beers Mallers website has been built using the WordPress platform, which meets the Web Content Accessibility Guidelines (WCAG) version 2.0 at level AA, and the platform continually strives towards ATAG 2.0 full compliance. In addition, W3C best building practices were used during the construction of the website, including:
- Proper page content structure and hierarchy
- Design awareness and testing of color and contrast
- Descriptive title and alternate <alt> text describing all photographs and pertinent graphics
- ARIA landmarks where appropriate
- Well-formed HTML semantics including proper tags for text and tables
- Appropriate controls and navigation that allow for easy and intuitive keyboard navigation
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. beersmallers.com is partially conformant with WCAG 2.0 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.
Accessibility of beersmallers.com relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer:
These technologies are relied upon for conformance with the accessibility standards used.
Patterson Riegel Advertising assessed the accessibility of beersmallers.com by the following approaches:
- Evaluation using the WAVE Web Accessibility Evaluation Tool