Introduction
Acceptance of the Terms of Use
These Terms of Use (“Terms”) are entered into by and between you and the California Craft Brewers Association (“CCBA,” “we,” “us,” “our”). These Terms, together with our Privacy Policy and any documents they expressly incorporate by reference, collectively govern your use of https://www.californiacraftbeer.com (the “Website” or “this site”), and any online services, including any content functionality and website offered on or through the Website, whether as a guest or a registered user (collectively, the “Services”).
Please read these Terms carefully before using the Services. By accessing the Services in any way, including, without limitation, browsing the Services, using information obtained from the Services, and/or submitting information to the Services, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with CCBA and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.
Changes to the Terms of Use
From time to time, we may revise and update these Terms in our sole discretion by posting the updated version on the Services and updating the “Last updated” date. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. By continuing to use the Services after the Terms have been revised and updated, you agree that you accept the revised and updated Terms. If you do not agree to the revised and updated Terms, you must not access or use the Services. You are expected to check this page each time you access the Services so that you are aware of any revisions and updates, as they are binding on you.
By accessing the Services, you acknowledge and agree that any materials, ideas, or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
Your Use of the Services
The Services allow you to access informational and educational materials made available by CCBA. You may also be able to submit comments, feedback, or other material via the Services, which may be shared with us and/or other users of the Services (“User Content”).
The content on this website is provided for general informational purposes and may be updated or changed at any time without notice. While CCBA strives to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, timeliness, or suitability of any information or materials on this site. By using this website, you acknowledge that the content may contain errors or inaccuracies, and the CCBA expressly disclaims any liability for such issues to the fullest extent permitted by law.
Your use of any information, products, or services found on this website is entirely at your own risk. It is your responsibility to ensure that any offerings meet your specific needs and requirements. The CCBA shall not be liable for any reliance placed on the information provided herein.
To access portions of the Services, you may be required to register for an account. You represent and warrant that you will provide us with current, complete, and accurate information as requested by the applicable registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.
You may be asked to choose a username and password. It is entirely your responsibility to maintain the confidentiality of your username, password, and other account information. You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
In addition, you represent and warrant that:
- You are at least 18 years of age.
- You will use the Services in accordance with these Terms.
- You will use the Services only for your own personal informational and educational purposes.
- You will not use the Services for any commercial purpose not approved by us in writing, or for any other unauthorized purpose.
- You will not use the Services in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not upload, post, reproduce, or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
- You will not transmit through the Services any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Services or the networks or services connected to the Services by means including, but not limited to, hacking into the Services or using the Services to send unsolicited emails or other communications.
- You will not crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Services.
- You will not share, sell, or otherwise disclose your password to others, and you will not share your access to the Services with others.
- You will not, and will not attempt to, circumvent any of the Services’ security measures, reverse engineer any portion of the Services, obtain the Services’ source code, or create back doors or any form of unauthorized access to the Services.
- You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services.
Your Use of CCBA Job Board
The Services include the CCBA Job Board (“Job Board”) is powered by MemberClicks, LLC (“MemberClicks”), a third-party service provider. Use of the job board is subject to separate Terms of Use, which can be reviewed here. By accessing or using the CCBA Job Board, you acknowledge and agree to the following:
- Third-Party Services: The CCBA Job Board is hosted on a platform provided by MemberClicks. While CCBA manages job board content, MemberClicks facilitates the technology behind the platform. MemberClicks does not control or pre-screen job postings, user-generated content, or communications between job seekers and employers. CCBA is not responsible for any inaccuracies, omissions, or misrepresentations in job postings.
- User Responsibilities: Users of the Job Board, including employers and job seekers, are responsible for ensuring that any content they submit complies with all applicable laws, including but not limited to employment, privacy, and intellectual property laws. CCBA and MemberClicks are not liable for any employment decisions made based on information obtained through the Job Board.
- Data Ownership & Privacy: Any content submitted to the Job Board, including job listings, resumes, and personal information remains the property of the submitting party. MemberClicks and CCBA may process this data as necessary to provide job board services in accordance with their respective privacy policies. MemberClicks does not sell or distribute user data to third parties beyond what is required to operate the platform.
- Data Storage: Information submitted through the Job Board is processed and stored by MemberClicks in accordance with their privacy policy. For details on how your data is handled, please review their privacy policy here.
- Modifications & Termination: CCBA reserves the right to modify, suspend, or terminate Job Board access, job postings, or applications at its discretion. MemberClicks may also impose service limitations or changes to the Job Board platform in accordance with its own policies.
By using the CCBA Job Board, you agree to these terms and acknowledge that CCBA and MemberClicks bear no liability for Job Board interactions or transactions. CCBA reserves the right to update, modify, or change these terms at any time without prior notice to its users.
User Conduct
You agree to not engage in any unlawful, harmful, or disruptive behavior on this site. Users of this site are responsible for ensuring that their actions and content comply with all applicable laws, including employment, privacy, and intellectual property laws. You may not post or transmit any content that is defamatory, abusive, obscene, or otherwise objectionable. Additionally, you are prohibited from using this site for any fraudulent or malicious activity.
Unauthorized use of this site may result in legal action, including claims for damages or criminal prosecution. You may not link to this website from another website or document without prior written consent from CCBA.
Intellectual Property Rights
Content on the Services that is provided by us or our licensors, including certain text, graphics, photographs, artwork, images, digitally downloadable files, trademarks, logos, product and program names, and the compilation of the foregoing (“CCBA Content”) is the property of CCBA and our licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
These Terms grant you no right or license in or to CCBA Content that is not expressly provided herein. Unauthorized reproduction, distribution, or modification of any content on this site is strictly prohibited. Any trademarks on this website that are not owned by or licensed to CCBA are acknowledged accordingly. You also agree not to download, display, or use any CCBA Content in connection with products or services that are not those of CCBA in any other manner likely to cause confusion among consumers, disparage or discredit CCBA and/or its licensors, or otherwise infringe CCBA’s or our licensors’ intellectual property rights. You further agree to in no other way misuse any CCBA Content, User Content (as defined above), or third-party content that appears on the Services.
User Content
We do not control and are not responsible for reviewing any User Content. However, we reserve the right to review any User Content at any time and for any reason in our sole discretion, and to delete or edit any User Content with or without notice. We are not responsible or liable for damages of any kind arising from any User Content, even when we are advised of the possibility of such damages, or for our alteration or deletion of any User Content.
The information and opinions expressed in User Content are not necessarily those of us or our licensors, members, partners, sponsors, advertisers, or affiliated or related entities, and we make no representations or warranties regarding any User Content. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Information about You and Your Visits to the Website
All information we collect on this Website or via the Services is subject to our Privacy Policy. By using the Website or the Services, you consent to all actions taken by us, including but not limited to our collection, use, and disclosure with respect to your information in compliance with our Privacy Policy.
Third Party Websites
The Services may link to websites not maintained or operated by or related to CCBA. Links are provided as a service to users and are not sponsored by or affiliated with us or the Services, and we make no representations or warranties about the content, completeness, or accuracy of those third-party websites. We have not reviewed the material, including goods and services, made available through third-party websites. These Terms do not apply to your use of third-party websites, so you should review the third party’s terms, policies, and other documents. Accessing these external sites is at your own discretion.
Access
We may, in our sole discretion and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services or any account you have created on the Services, and that we will have no liability to you if the Services are discontinued or your ability to access the Services or your account, and any content therein, is terminated. We may cancel your account and delete all User Content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.
Consent to Electronic Communications
You consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Reliability and Accuracy
Despite our efforts, the information on the Services may be inaccurate, incomplete, or out of date. We make no representations or warranties as to the reliability, completeness, accuracy, or correctness of any information on the Services, and we are not responsible for your reliance on or use of such information. You acknowledge that any reliance on such material or systems will be at your own risk. We also make no representations regarding the amount of time that any CCBA Content or User Content will be preserved.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
THE LIMITATIONS OF LIABILITY OUTLINED IN THIS ‘LIMITATION OF LIABILITY’ SECTION APPLY TO ALL ASPECTS OF THE SERVICES, INCLUDING THE JOB BOARD. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RELATE TO THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, ERRORS, DEFECTS, DELAYS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE OR OUR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, RELATED TO THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, OUR USE OR DISTRIBUTION OF USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold us and our sponsors, contractors, and agents, and each of their officers, directors, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to or arising from your use of the Services or violation of these Terms.
Governing Law; Disputes
These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), shall be interpreted and construed under the substantive laws of the State of California without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in Sacramento County, California for any Claims. Each party agrees not to commence any Claim relating thereto except in such courts, and irrevocably and unconditionally waives any objection to the laying of the venue of any Claim in such courts.
Injunctive Relief
You acknowledge that irreparable injury may result to us upon the unauthorized use of our trademarks and/or unauthorized disclosure of our confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which we believe is confidential and/or proprietary, we shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.
Miscellaneous
These Terms constitute the entire agreement between you and CCBA regarding the Services and your use thereof. The section titles in these Terms are for convenience only and have no legal or contractual effect. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving its right to act with respect to future or similar breaches. All remedies under these Terms shall be cumulative and not exclusive. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms form no partnership between you and CCBA, and neither you nor CCBA have the power or the authority to obligate or bind the other. You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.
The Website may be accessed from countries other than the United States. We control and operate the Website from offices located in the United States. We make no representations or warranties that the Website is appropriate for use or access in other locations. If you access and use the Website outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.