Terms of Use

The ABITA.COM Website is maintained by Abita Brewing Company, LLC at PO Box 1510, Abita Springs, LA 70420; friends@ABITA.COM.

This URL (www.ABITA.COM) and all related and linked sites are a web-access catalogue provided by Abita Brewing Company, LLC and/or its affiliates (hereafter, collectively, “Abita”). Access to this site is provided in consideration of and subject to the following terms and conditions:

Use of this site is at your own risk. In using this site, you understand that you are releasing Abita and all its officers, agents, owners and affiliates (“Released Parties”) for any and all liability for any direct, indirect, consequential or punitive damages incurred as a result of your access to or use of this site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from this site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the site.

COPYRIGHT

All pages, pictures and images and anything else displayed within this Internet site (“Site”) are the property of Abita. No portion of the material on these pages may be copied, reprinted, republished or otherwise used in any form without the express written permission of Abita.
Abita is committed to protecting copyrights and expects users of the Service to do the same. The images displayed by Abita are owned by and/or licensed to Abita. You may not download, publish, or reproduce in any means any of the images posted on our sites. At Abita’s discretion and in appropriate circumstances, Abita may terminate the accounts of users or prevent access to the Service by users who it suspects to be infringing intellectual property rights.

WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, AND ANY PRODUCT OR SERVICE PURCHASED OR MADE AVAILABLE THROUGH THE SITE, IS PROVIDED “AS IS” WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

THE ABITA SHOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY OTHER WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND THAT THE ABITA SHOP HAS NO CONTROL OVER THE CONTENT OF SUCH OTHER SITES. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO AND/OR USE OF THE SITE AND/OR RELATED PRODUCTS OR SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY OTHER SITE ACCESSIBLE THROUGH THIS SITE, AND ANY SITE-RELATED PRODUCTS OR SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS OR SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. THE ABITA SHOP, ITS OWNERS, SPONSORS, SITE DEVELOPERS, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS, SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR LINKED TO OR FROM THE SITE.

Under no circumstances will Abita be liable for any loss or damage caused by your reliance on information obtained through the Site.

LINKED SITES & THIRD PARTIES

Linking directly to images on Abita servers from external sites is expressly prohibited.

This Site contains links to other Web Sites operated by third parties (“Linked Sites”). You acknowledge that Abita is not responsible for any content that appears on the Linked Sites. You also acknowledge that the respective owners of the Linked Sites do not, by virtue of the linking, necessarily endorse Abita, nor are they necessarily affiliated with Abita. You acknowledge that Abita is not liable for the defamatory, offensive or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with you.

MODIFICATIONS

Abita shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review this Agreement periodically to ensure familiarity with the most current version.

CANCELING THE SERVICE

If you violate any of these Terms, your permission to use the Service will terminate automatically. Abita reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

MISCELLANEOUS

This Agreement is entered into in the State of Louisiana and shall be governed by and construed in accordance with the laws of the State of Louisiana, exclusive of all choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Louisiana, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

You agree to indemnify, defend and hold harmless Abita AND ALL RELEASED PARTIES from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct and/or (c) your activities in connection with the Site or Site-related services.