Our Policies
- Support
- Warranty
- Financing
- Shipping
- International Orders
- Returns / Exchanges
- Privacy Statement
- Terms of Service
Support
We support our products and customers for life. Doesn't matter if you purchased from us last week, last year, or when we first started in 2009. Doesn't matter if you purchased new or even used. We will not stop responding after your warranty runs out (a disturbing trend we're seeing with some sellers of electric brewing equipment). Most questions are answered the same day, 365 days a year. If you do not see a response within 24 hours, please check your junk mail folder.
Please be aware we do not build products for other sellers, nor do we assist in the design, development, or support of products for other sellers. We can only assist with supporting our own products as featured in our online shop.
Please contact us at sales@TheElectricBrewery.com with any support questions.
Warranty
A standard 90 day warranty is offered on parts and assembled products. Individual products may have warranties that supersede our standard warranty. Please refer to the individual product pages for more information.
Product warranties may be revoked if we determine that faults are due to misuse, abuse, or improper connection.
Please contact us at sales@TheElectricBrewery.com with any warranty questions.
Financing
We offer financing through Shop Pay, Klarna, and PayPal Credit.
Shop Pay
When checking out with Shop Pay, you now have the option to pay now or later. Paying in installments on Shop Pay allows you to split your purchase amount into 4 equal, biweekly installment payments - with 0% interest, no hidden or late fees, and no impact on your credit score.* In some instances, your first payment is due when you make your purchase; otherwise, your first payment is due 2 weeks after your purchase. The next 3 remaining installments will be automatically charged to your card saved on Shop Pay every 2 weeks.
Choose Shop Pay at checkout for more information or visit Shop Pay.
*Payment options are offered by Affirm and are subject to eligibility check and may not be available in all states. California residents: Affirm Loan Services, LLC is licensed by the Department of Business Oversight. Loans are made or arranged pursuant to California Financing Law license 60DBO-111681.
Klarna
- 0% APR* financing on purchases of $299 to $798 if paid within 6 months.
- 0% APR* financing on purchases of $799 to $2400 if paid within 12 months.
- Finance up to $10,000 with up to 36 months to pay back. 11.9% APR*.
Choose Klarna at checkout for more information or visit Klarna.
*Promotional offer subject to credit approval and terms. Accounts are issued by WebBank, member FDIC. See terms.
PayPal Credit
Choose PayPal Credit at checkout for more information or visit PayPal Credit.
Financing may not be available for all products or regions.
Shipping
We ship worldwide from our manufacturing facilities in Maine and Tennessee, USA. Most items ship within 1-3 business days. Our assembled products and kits are custom hand-made by us and some items have longer lead times: Up to 1 week for control panel kits and pre-assembled temperature probes/cables, 1-2 weeks for pre-assembled heating element assemblies, and 3-4 weeks for pre-assembled control panels. Exceptions to these lead times may occur from time to time for specific items. Please refer to individual product pages for more information.
When you place your order various shipping options with different transit times are available. Please do keep in mind that the shipping transit time you choose does not guarantee an arrival time from the date of order, as there will also be a lead time for your product as mentioned above. Arrival time is lead time plus transit time. That said, when our customers choose expedited shipping we do try and get them out as soon as possible, often the same day for parts or similar short lead time products.
We offer discounted "real time" shipping quotes for both US and international packages using multiple shipping services including (but not limited to):
- USPS First-Class Mail
- USPS First-Class Package International Service
- USPS Priority Mail
- USPS Priority Mail International
- UPS Ground
- UPS Standard
- UPS 3 Day Select
- UPS 2nd Day Air
- UPS Next Day Air Saver
- UPS Next Day Air
- UPS Worldwide Expedited
- UPS Worldwide Saver
Please contact the carriers directly for more information on these services. Not all services will be available for all locations or products.
For a shipping quote please add the items you're interested in to your cart and proceed to checkout or visit your cart, click EDIT CART, and enter your Country / State / Postal code.
Please contact us at sales@TheElectricBrewery.com with any shipping questions.
International Orders
We do ship internationally from our manufacturing facilities in Maine and Tennessee, USA.
We currently do not ship pre-assembled Electric Brewery control panels or pre-assembled heating element assemblies internationally (kits however do ship worldwide). We are able to ship these pre-assembled items to a US based freight forwarding company of your choice such as Shipito. The freight forwarding company would then be responsible for freighting the item to your international location. We are not responsible for any damage incurred in shipment between the freight forwarding company and your international location. If using a forwarding company, we are not responsible for any missing or damaged items once that company accepts delivery from us.
Orders shipped outside of the USA may be subject to taxes, duties, and customs fees imposed by your country. The shipping fee applied at checkout does NOT cover these fees. Taxes, duties, and customs fees are the sole responsibility of the recipient. Please be prepared to pay these fees when your package is delivered. If a shipment is refused and returned, you will be responsible for any import taxes and/or return shipping costs incurred by us. We are unable to provide estimates for these fees as they vary by country. Please check with your country's customs office or the carrier for more information about importing goods into your country.
When shipping orders outside of the USA you may want to consider using USPS to ship as brokerage fees tend to lower than some other carriers. Some carriers may offer shipping services that include brokerage fees as part of the shipping cost (ex: UPS Worldwide Expedited and Worldwide Saver). Many carriers will also allow you to do the brokering yourself to save on any brokerage fees. Please contact the carrier for more information.
For legal reasons, we cannot mark packages as gifts or lower their value.
Please contact us at sales@TheElectricBrewery.com with any international shipping questions.
Returns / Exchanges
Our standard return / exchange policy is 30 days since you received your item. Individual products may have policies that supersede our standard policy. Please refer to the individual product pages for more information.
All returned products have a 5% restocking fee.
Items that are exempt from returns / exchanges include:
- Custom products, including those with non-standard cord lengths
- DIY kits once assembly has started
- Any products cut to custom length (wire, sleeving, spiral wrap, tubing, etc.)
- Gift cards
- Downloadable software products such as eBooks
- Products that are used or not in their original packaging
To complete your return or exchange, we require a receipt or proof of purchase.
To be eligible for a return or exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To return or exchange an item please email us at sales@TheElectricBrewery.com and we will provide you with a return merchandise authorization (RMA) number and instructions.
Original shipping costs are non-refundable. If you receive a refund, the cost of the original shipping will be deducted from your refund. You will be responsible for paying for your own shipping costs for returning or exchanging your item. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your item.
Refunds: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
Sale items: Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Gifts: If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he/she will find out about your return.
Please contact us at sales@TheElectricBrewery.com with any questions about returns or exchanges.
Privacy Statement
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@TheElectricBrewery.com.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at sales@TheElectricBrewery.com.
TERMS OF SERVICE
OVERVIEW
This website is operated by TheElectricBrewery.com, Spike Innovations LLC, and Innovative Homebrew Solutions. Throughout the site, the terms “we”, “us” and “our” refer to TheElectricBrewery.com, Spike Innovations LLC, and Innovative Homebrew Solutions. TheElectricBrewery.com, Spike Innovations LLC, and Innovative Homebrew Solutions offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Buyer agrees that TheElectricBrewery.com, the owner, the webmaster, Spike Innovations LLC, and Innovative Homebrew Solutions shall not be liable for either specific performance or any liability, loss, tampering, abuse, damage, including consequential and incidental damages, arising out of buyer's purchase of the equipment, or any defects in the equipment.
Certain home improvement projects are inherently dangerous, and even the most benign tool can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS. You must be particularly careful when dealing with electricity – always use common sense. Any advice, guidance or other information provided on the TheElectricBrewery.com website or within any of our publications cannot completely anticipate your situation. If you are at all unsure about completing any aspect of this or any other home wiring projects, consult a qualified electrical contractor to perform the service(s) for you. ALWAYS follow electrical code requirements specific to your area, and before undertaking any home electrical project, contact your local electrical authority and your insurance company to ensure that you comply with all policies, warranties, regulations and authorities concerning this work.
YOU EXPRESSLY AGREE TO HOLD THEELECTRICBREWERY.COM SPIKE INNOVATIONS LLC, AND INNOVATIVE HOMEBREW SOLUTIONS HARMLESS FOR ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE INFORMATION OR SERVICE PROVIDED.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
TheElectricBrewery.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
TheElectricBrewery.com is a participant in the Amazon.ca, Inc. Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.ca.
TheElectricBrewery.com is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TheElectricBrewery.com, Spike Innovations LLC, Innovative Homebrew Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TheElectricBrewery.com, Spike Innovations LLC, Innovative Homebrew Solutions, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of TheElectricBrewery.com, Spike Innovations LLC, and
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@TheElectricBrewery.com.
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