COLORADO MOUNTAIN BREWERY TERMS OF USE AND SALE

Last Revised: May 2025

These Terms of Use (“Terms”), together with any documents incorporated by reference herein, govern, among other things, your use of the Colorado Mountain Brewery (“Colorado Mountain Brewery”) websites, kiosks, any other site on which these Terms may appear, and any related features or services, including, without limitation, the purchase and sale of products and services, whether as a guest or a registered user (“Services”). By accessing or otherwise using the Services, or otherwise agreeing to these Terms, you agree to be bound by them. Colorado Mountain Brewery may revise the Terms, information, services and resources from time to time, and Colorado Mountain Brewery reserves the right to make such changes without obligation to notify past, current, or prospective visitors. Your continued access or use of the Services after changes have been made, among other things, constitutes your acceptance of any new or amended Terms. Throughout the Services and these Terms, the terms “we” and “our” refer to Colorado Mountain Brewery and “us” refers to you and Colorado Mountain Brewery. Colorado Mountain Brewery offers the Services, including all information, tools and services available from the Services, to you, the user, conditioned upon your acceptance of these Terms.

In no event shall Colorado Mountain Brewery be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.

THESE TERMS CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE CLASS ACTION WAIVER MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION. YOU AGREE TO BE BOUND BY THESE MUTUAL DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Please read these Terms carefully before you start to use the Services. These Terms constitute a legally binding agreement and the entire agreement between you and Colorado Mountain Brewery regarding accessing or using the Services and the features therein.

By installing, accessing, or using the Services, or clicking ”Accept,” ”Agree,” or “Place Order” when this option is made available to you, you: (1) acknowledge that you have read and understood these Terms; and (2) accept these Terms and agree that you are legally bound by these Terms and any other terms or policies incorporated by reference herein.

NO WARRANTY/LIMITATION ON LIABILITY

Colorado Mountain Brewery strives to ensure that the information contained in the Services is accurate and reliable. However, Colorado Mountain Brewery, the internet, and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Colorado Mountain Brewery makes no representations about the reliability of the features of the Services, the Colorado Mountain Brewery Content (defined below), Submitted Content (defined below), or any other Services feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Colorado Mountain Brewery is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Colorado Mountain Brewery, and Colorado Mountain Brewery does not endorse and has no control over Submitted Content. Submitted Content is not reviewed by Colorado Mountain Brewery prior to posting and Colorado Mountain Brewery has no obligation to review, monitor, delete, or edit Submitted Content. However, you acknowledge and agree that Colorado Mountain Brewery has the right to review Submitted Content at any time in its sole discretion, for any reason or no reason, with or without notice. Colorado Mountain Brewery makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Colorado Mountain Brewery makes no representations regarding the amount of time that any Colorado Mountain Brewery Content or Submitted Content will be preserved.

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. NEITHER THE Colorado Mountain Brewery NOR ANY PERSON OR ENTITY ASSOCIATED WITH Colorado Mountain Brewery MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COLORADO MOUNTAIN BREWERY NOR PERSON OR ENTITY ASSOCIATED WITH Colorado Mountain Brewery REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS.

UNDER NO CIRCUMSTANCES, INCLUDING UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), SHALL COLORADO MOUNTAIN BREWERY OR ANY OF COLORADO MOUNTAIN BREWERY’s EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (1) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (2) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT AND (3) ATTORNEYS’ FEES THAT RESULT FROM OR ARE OTHERWISE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL COLORADO MOUNTAIN BREWERY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISSTATEMENTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COLORADO MOUNTAIN BREWERY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES’S RECORDS, PROGRAMS, OR SERVICES.


IN NO EVENT SHALL COLORADO MOUNTAIN BREWERY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING RELATED IN ANY WAY TO THE SITE OR THESE TERMS BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY POLICY

By using, communicating through, or submitting information through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://www.cmbrew.com/privacy-policy

COMMUNICATING WITH COLORADO MOUNTAIN BREWERY

On certain areas of the Services you may be given the ability to contact us, for example, to sign up for services such as e-mail notifications, text messages, and newsletters about our products, register for a particular sweepstakes or contest, or participate in our interactive forums, like chat rooms and message boards. When you voluntarily sign up for these services and communications, you understand and consent to receiving marketing, transactional and other messages from Colorado Mountain Brewery.

These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Services users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is Colorado Mountain Brewery’s policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering 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. It is Colorado Mountain Brewery’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, 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.

COLORADO MOUNTAIN BREWERY INTELLECTUAL PROPERTY

The Services and its entire contents, features, and functionality (including but not limited to all information, software, Services Updates (as defined herein), text, displays, images, company names, logos, product and service names, slogans, video, audio, html code, and the design, selection, and arrangement thereof) (“Colorado Mountain Brewery Content”) are owned by Colorado Mountain Brewery, its subsidiaries and affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Colorado Mountain Brewery Content is used to distinguish Colorado Mountain Brewery’s quality products and services.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Colorado Mountain Brewery Content. Specifically, you must not:

Modify copies of any Colorado Mountain Brewery content from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or outside of the intended Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Impersonate or attempt to impersonate Colorado Mountain Brewery, a Colorado Mountain Brewery employee, another user, or any other person or entity.
Access or use for any commercial purposes any of the Services, including the Colorado Mountain Brewery Content.
Otherwise sell, license, rent, modify, disassemble, distribute, copy, decompile, reverse engineer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, attempt to derive the source code, or create derivative works from the Colorado Mountain Brewery Content and other materials on the Services.
Any attempt to do any of these prohibited activities is a violation of Colorado Mountain Brewery’s intellectual and proprietary rights and the rights of its licensors of the Services and Services Updates.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact theteam[at]cmbrew.com

GENERAL USE AND LICENSE TO USE THE SERVICES

Colorado Mountain Brewery hereby grants you a limited, nonexclusive, revocable license to make use of the Services, regardless of the medium by which the Services are accessed by you (e.g., via a web browser, mobile browser, or kiosk), provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Colorado Mountain Brewery’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iv) you will otherwise comply with all applicable laws, and these Terms.

You acknowledge that any reliance on the Services, Colorado Mountain Brewery Content or Submitted Content will be at your own risk. Colorado Mountain Brewery makes no representations regarding the amount of time that the Services, Colorado Mountain Brewery Content or Submitted Content will be preserved. The rights granted herein are non-transferable, and are limited to Colorado Mountain Brewery Content and do not include any third party patents or intellectual property rights. Other than the rights granted herein, these Terms do not grant you any rights to use Colorado Mountain Brewery Content and other intellectual property in the design, development, manufacture, licensing, or distribution of third party devices and accessories for use with the Services. These Terms do not entitle you to receive and do not obligate Colorado Mountain Brewery to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services.

You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, for any reason or no reason with or without notice, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, and to alter or delete any material submitted to the Services through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.

The Services are intended for use by those who are eighteen (18) years of age or older only and represent that you are 18 years of age or older and of legal age to enter into a binding agreement. If you are not 18 years of age or older, you are prohibited from using the Services without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you have provided legal consent and will monitor and supervise the use of the Services by minors under your care, and you agree to be responsible for their use of the Services. Any use of the Services by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Services.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Colorado Mountain Brewery servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Colorado Mountain Brewery grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Colorado Mountain Brewery reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submitted Content.

USER ACCOUNT

Before you can make use of certain services associated with the Services, you may be required to register with the Services and create an account. You agree and warrant that all information you provide to us through the Services, including but not limited to any contact information, registration information, or payment information is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.


You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. However, you may be liable for the losses of Colorado Mountain Brewery or others due to such unauthorized use.

By creating an account with the Services, you consent to receive communications from us electronically via the email address or phone number associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act.

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). You may never use another’s account without permission.

USER-SUBMITTED CONTENT

On certain areas of the Services, you may be able to submit text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content (“Submitted Content”). You have no ownership rights in your account or other access to the Services or features therein, and Colorado Mountain Brewery may delete all Submitted Content at any time, with or without notice, if Colorado Mountain Brewery deems that you have violated these Terms, applicable law, or for any other reason. Colorado Mountain Brewery assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or for features therein.

By posting, displaying, publishing or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Colorado Mountain Brewery may be used by Colorado Mountain Brewery anywhere, anytime, and for any reason whatsoever subject to following terms:

You hereby grant to Colorado Mountain Brewery a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.


You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Services.

You agree that your Submitted Content is gratuitous and made without restriction, and will not place Colorado Mountain Brewery under any obligation. You agree that Colorado Mountain Brewery is free to disclose the ideas contained in the Submission, including, for example, ingredient or menu item suggestions, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Colorado Mountain Brewery does not waive any rights to use similar or related ideas previously known to Colorado Mountain Brewery, or developed by its employees, or obtained from sources other than you.

Your posting of Submitted Content is further subject to the following posting rules:

You may not post any content that, as determined in Colorado Mountain Brewery’s sole discretion, is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, incites or promotes any illegal or criminal acts, or is otherwise objectionable or inappropriate. You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Colorado Mountain Brewery. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing users of the Services to a location for more information about a product or service.
You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Services, or feature of the Services. You may not modify in any way any specifications, technology or application codes provided to you by Colorado Mountain Brewery or as embedded in the Submitted Content unless expressly authorized in writing by Colorado Mountain Brewery.
You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on the Services and for the confidentiality of your password.
You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Colorado Mountain Brewery is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature of the Services. Opinions expressed by users do not necessarily reflect the opinions of Colorado Mountain Brewery.

Colorado Mountain Brewery has no obligation to monitor any materials posted, transmitted, or communicated to or within the Services. Colorado Mountain Brewery, in its sole discretion, has the exclusive right to: (i) remove or refuse to post any Submitted Content, (ii) disclose your identity or other information about you to any third party who claims that Submitted Content contributed by you violates their rights, including their intellectual property rights or their right to privacy, and (iii) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information.

If you believe that something on the Services violates these Terms please contact the Copyright Agent, Colorado Mountain Brewery,1110 Interquest Pkwy, Suite #204, Colorado Springs; or by email to theteam[at]cmbrew.com

USER ACCOUNT PAYMENT METHODS

Colorado Mountain Brewery enables you to make card-based purchases through the Services by linking your user account to a debit, credit, and/or prepaid credit card issued in the United States (“Payment Method”). Your user account is not a bank account. Colorado Mountain Brewery is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the U.S. Department of Treasury. By linking a Payment Method to your user account, you represent that you are an authorized user of the Payment Method. You may change the Payment Method associated with your user account at any time. You are responsible for ensuring that the Payment Method associated with your user account is at all times current, non-expired, and valid for payments.

By associating a Payment Method with your user account, you consent to Colorado Mountain Brewery temporarily authorizing a charge on that Payment Method, typically for one dollar (US $1.00) or less, as part of our verification process. Colorado Mountain Brewery may elect to make this temporary authorizing charge in its sole discretion. You will not be required to pay this charge, and it will disappear from your Payment Method statement within a few days.

PAYMENT AUTHORIZATION

By linking a Payment Method to your user account, you authorize Colorado Mountain Brewery to charge your linked Payment Method as necessary to complete payment to Colorado Mountain Brewery for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, Colorado Mountain Brewery may charge your Payment Method again at a later time without advance notice to you. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your user account, you authorize a credit to your Payment Method by Colorado Mountain Brewery to execute that transaction.

Your represent and warrant that (i) the Payment Method you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by the financial institution supporting the Payment Method, and (iv) you will pay charges incurred by you at the posted prices, including delivery and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.

All purchases, orders, and charges authorized using the Services subject to the terms and conditions set forth by the entities that issue your Payment Method and the Payment Processor. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

There is no limit on the frequency of transactions you may make using your user account. However, Colorado Mountain Brewery reserves the right to impose limits without notice on the amount of transaction(s) you make at Colorado Mountain Brewery’s sole discretion, for any reason or no reason.

PAYMENT PROCESSING

We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Colorado Mountain Brewery is not responsible for these financial transactions, the security of your financial information with respect to these transactions, or any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.

YOUR ORDER

Colorado Mountain Brewery enables users to transact with Colorado Mountain Brewery to initiate online purchases from participating restaurants. When you place an order through the Services, you are ordering directly from a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. You further understand and agree that you are purchasing directly from restaurants (and not Colorado Mountain Brewery) and that Colorado Mountain Brewery has no responsibility arising out of or related to any products that you purchase from restaurants through the Services.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the restaurant that you selected, or there will be no obligation to sell the products or services to you. Colorado Mountain Brewery may choose not to accept orders through the Services, in its sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

When you purchase products or services through the Services, prices will be made clear during the order process. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or in-Services notification. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery and handling. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email or in-Services notification. Colorado Mountain Brewery may charge you a convenience or service fee in addition to the amounts charged in connection with a Colorado Mountain Brewery transaction utilizing the Services. This service fee will be displayed in the Services and in your email receipt as a “Service Fee.”

Prices posted on these Services may be different from prices offered at each Colorado Mountain Brewery franchise location. All prices, discounts, and promotions posted on this Services are subject to change without notice. Colorado Mountain Brewery does not warrant the completeness or accuracy of any information, including menu information, product descriptions, ingredient lists, calorie count, or business operation information. The inclusion of any product or service on the Services does not imply or warrant that these products or services will be available at the restaurant where you collect your order. Colorado Mountain Brewery strives to display accurate price information, however, it may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. In addition, we may offer, from time to time, promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Colorado Mountain Brewery reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Colorado Mountain Brewery reserves the right, with or without notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any product or service, (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion, (iii) bar you from making or completing any or all transactions, and (iv) refuse to provide you with any product or service. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that the ability to purchase products and services through the Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.

You agree to be charged at the time you place your order for product or services, and that the transaction for the purchase of products or services is final and complete at the time you are charged. Once your order is placed, changes cannot be made to the order except to the extent edit options are made available on the Services in Colorado Mountain Brewery’s sole discretion. You may not cancel your order after submitting through the Services. All orders must be collected at the restaurant selected at the time of submission, within one hour from submitting the order.

DELIVERY VIA WEB

In some locations, you may be able to place an order for delivery. Colorado Mountain Brewery and its delivery vendor(s) reserve the right to accept or decline an order for any reason up until the time the product is delivered to you. You acknowledge and agree that delivery times may vary, and that Colorado Mountain Brewery makes no warranty or guarantee with respect to when your order will be delivered. Delivery is not available in all locations. You agree that your delivery request (where available) may be fulfilled by a third party at Colorado Mountain Brewery’s discretion. Prices posted by third-party delivery sites may be different from prices offered at each Colorado Mountain Brewery franchise location. Colorado Mountain Brewery does not warrant the completeness or accuracy of any information provided by third-party delivery sites. You further agree that Colorado Mountain Brewery may provide your contact information, including telephone number, to its delivery vendor(s) so that you may receive information regarding your order.

RETURNS AND REFUNDS

Colorado Mountain Brewery will not accept returns of goods or services purchased through the Services. You may be entitled to a refund while you are physically present at the store (not via online), at the sole discretion of Colorado Mountain Brewery or its agents, based on the individual circumstances underlying each request. All refunds will be processed via the Payment Method used to place the order. Please allow at least four weeks for the refund to be processed. Refund times may vary based on the terms and conditions of the issuer of your Payment Method.

FAILED TRANSACTIONS

In the event that Colorado Mountain Brewery is unable to successfully charge any linked Payment Method, Colorado Mountain Brewery will notify you via email and/or an in-Services notification, and the order will not be completed. Upon Colorado Mountain Brewery’s notification to you of such failure, you agree to resolve any outstanding uncharged balance by either issuing a one-time payment or linking a new valid Payment Method. Colorado Mountain Brewery is not responsible for any charges imposed by the issuer of your Payment Method as a result of any failed charge by Colorado Mountain Brewery.

To the extent that Colorado Mountain Brewery is unable to successfully charge any Payment Method linked to your user account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Colorado Mountain Brewery may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your user account, and you will not contest the use of a third party to collect the debt and fees owed to Colorado Mountain Brewery. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your user account and all monies owed thereunder.

PROHIBITED TRANSACTIONS

The Services may only be used for the bona fide purchase of goods and/or services offered in the ordinary course of Colorado Mountain Brewery’s business, and may not be used to process a payment or otherwise transfer money between two parties. The Services may not be used for transactions in which you request cash back from Colorado Mountain Brewery. The Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. Colorado Mountain Brewery reserves the right to decline any attempted transaction if it appears that any of these Terms have been violated.

RECEIPTS AND STATEMENTS

Colorado Mountain Brewery will provide you with an electronic transaction receipt, through an in-Services notification and/or by email and/or by text as you opt-in while placing the orders. Colorado Mountain Brewery charges to your authorized Payment Method(s) may appear on your statement from the card issuing institution with the prefix “Colorado Mountain Brewery” preceding each unique store information. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your Payment Method issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for Colorado Mountain Brewery, in its sole discretion, to terminate your use of the Services, and seek any other remedies available to Colorado Mountain Brewery.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Colorado Mountain Brewery, its parents, affiliates, subsidiaries, officers, employees, and Services contractors and each of their officers, employees and agents from any actual or alleged claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to: (i) your violation of these Terms, (ii) your violation of any local, state, federal, or international law, rule, or regulation, (iii) a claim by a third party that is based on your use of the Services, your Submitted Content, or participation in the Services, (iv) information or material posted or transmitted through your device, computer, or account, even if not submitted by you, (v) any misrepresentation made by you, (vi) any dispute between you and another user of the Services or participant in the Services relating to the Services in any way, (vii) the theft, misappropriation, or disclosure of your password or other account details, (viii) your authorization of anyone else to use your account or password, and/or (ix) your use of any of the products or services provided through the Services which may result in, without limitation, injury to or death of any person or damage to any property. You will cooperate as fully and as reasonably required in Colorado Mountain Brewery’s defense of any claim. Colorado Mountain Brewery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Colorado Mountain Brewery.

HYPERLINKS

The Services may link to sites not maintained by or related to Colorado Mountain Brewery. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Services or Colorado Mountain Brewery. Colorado Mountain Brewery has not reviewed the services hyperlinked to or from the Services, and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Colorado Mountain Brewery makes no representations or warranties about the content, completeness, or accuracy of these links or the services hyperlinked to or from the Services. Furthermore, Colorado Mountain Brewery does not implicitly endorse third-party sites hyperlinked to or from the Services.

MOBILE SERVICES

If you choose to participate in the Services on a mobile device, you are solely responsible for obtaining and paying for any such mobile device, and all related fees and services, including data and internet usage fees. You may choose to participate in Colorado Mountain Brewery promotions or services that may involve the use of text messaging (either sending or receiving). If you choose to subscribe to text messaging from Colorado Mountain Brewery, you consent to receive text marketing messages at the mobile number you provided, including messages sent using automated technology from or on behalf of Colorado Mountain Brewery, and understand that such consent is not a condition of purchasing any goods or services. Colorado Mountain Brewery will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details). When a user signs up for the Loyalty Program, they have the option to opt into Text Alerts for receiving any informational, loyalty, or marketing related alerts. Message and data rates may apply. You will receive text alerts from the telephone number +1-719-325-6781 and to opt-out of all marketing alerts reply STOP.


Many of our restaurants are owned and operated by franchisees. These Terms may not apply to any separate text message marketing programs offered by those franchisees. If you are receiving text messages from a Colorado Mountain Brewery franchisee and wish to opt-out, you must do so directly through the respective franchisee. To stop receiving automated promotional text messages from Colorado Mountain Brewery text “STOP” to +1-719-325-6781. You may also opt out by contacting Colorado Mountain Brewery at the following email address:  theteam[at]cmbrew.com.

Your voluntary provision of your cell phone number to Colorado Mountain Brewery constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of that phone number. You understand and agree that such calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner. You agree to immediately contact us if any number you have provided to Colorado Mountain Brewery is no longer associated with you. Your failure to provide and update your accurate information is a breach of this agreement. You agree that we and our agents may monitor and record any telephone calls or other communications between us and/or our agents and you and/or your agents.

SERVICES UPDATES

Colorado Mountain Brewery may make available for download certain updates or upgrades for the Services to update, enhance, or further develop the Services (“Services Updates”). Colorado Mountain Brewery may, at its discretion, automatically upload Services Updates to your device. You agree to accept these Services Updates, and to pay for any costs associated with receiving them. The license granted herein allows you to download and use the Services Updates to update the Services on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Services Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Services Updates, unless such copy is authorized in writing by Colorado Mountain Brewery.

Waiver of Jury Trials and Binding Arbitration.
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at theteam[at]cmbrew.com; or (ii) by personal delivery, overnight courier or registered or certified mail to the Company’s address at 1110 Interquest Pkwy, Suite #204, Colorado Springs. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Assignment
The Company will have the right to assign these Terms of Use (including all of its rights, titles, benefits, interests and obligations and duties hereunder) to any person or entity. You may not assign, in whole or in part, these Terms of Use to any person or entity. Any attempted assignment that does not comply with these Terms of Use will be null and void.

Survival
These Terms of Use which contemplate or govern performance or observance subsequent to the cancellation or termination hereof, or which by their nature should survive cancellation or termination, shall survive cancellation or termination hereof, including, without limitation, the terms set forth under the headings “Disclaimer of Warranties”, “Limitation on Liability”, “Indemnification” and “Governing Law and Jurisdiction”.

Your Comments and Concerns
The website is operated by Colorado Mountain Brewery, a California corporation, with its principal office at 1110 Interquest Pkwy, Suite #204, Colorado Springs.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: theteam[at]cmbrew.com

 
COLORADO MOUNTAIN BREWERY REWARDS CLUB OR LOYALTY PROGRAM  TERMS AND CONDITIONS

THESE PROGRAM TERMS AND CONDITIONS (“PROGRAM TERMS AND CONDITIONS”) INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT THESE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY AND TERMS OF USE, WHICH ARE INCORPORATED INTO, AND MADE A PART OF THIS CONTRACT. THE PRIVACY POLICY DESCRIBES HOW WE COLLECT, USE, AND SHARE INFORMATION. IN THE EVENT THERE IS ANY CONFLICT AMONG THESE PROGRAM TERMS AND CONDITIONS, THE PRIVACY POLICY AND THE TERMS OF USE, THESE PROGRAM TERMS AND CONDITIONS WILL GOVERN. COLORADO MOUNTAIN BREWERY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE PROGRAM TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED PROGRAM TERMS AND CONDITIONS. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE PROGRAM TERMS AND CONDITIONS WHENEVER YOU VISIT OUR WEBSITE.

The Program sends transactional emails or text alerts related to your membership in the Program including but not limited to the following: welcome update; recurring membership status statements and/or updates; issuance of rewards points earned; reminder of upcoming expiration of earned points; etc. To stop receiving these transactional emails, you must cancel your Program membership. To stop receiving text alerts, you must opt-out by sending a STOP message. These transactional emails or text alerts will be in addition to any marketing emails for which you may have subscribed to receive.

By enrolling in the Program, you will also be signed up to receive marketing emails from the brand in which you initiated enrollment into the Program. To stop receiving marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions in the Privacy Policy. This process needs to be completed for each brand’s marketing emails from which you wish to unsubscribe.

For opt-in to text alerts, you will need to give your consent at the time signup in the account settings to receive text messages and you will receive these messages on recurring basis for updates, loyalty and marketing alerts. For text messages, data rates may apply. Opt-out by replying to the STOP keyword for marketing messages.

Points earned through the Loyalty Program may not be accrued on purchases of alcoholic beverages, gift cards, merchandise, retail products, catering orders, private events, banquet services, business purchases, or delivery orders. These exclusions apply regardless of the method of purchase or payment.

Cancellation of Membership
Members must maintain an active Program membership to earn and redeem points. You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and cannot be reversed. To cancel a Program membership, please email us at theteam[at]cmbrew.com. 

Unless you have canceled your Program membership, you will earn points when using your Colorado Mountain Brewery credit card to make Qualifying Purchases. If you cancel or request deletion of your Program membership and still use your Colorado Mountain Brewery credit card, you will not earn points or enjoy any of the benefits of the Program on any purchases you make with the Colorado Mountain Brewery loyalty card.

Severability
If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver
Colorado Mountain Brewery’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Colorado Mountain Brewery from exercising any legal rights or remedies that it may have.

Errors or Inconsistencies
Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your Program account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

Limitations of Liability and Damages
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. Colorado Mountain Brewery, ITS AFFILIATES, VENDORS, PARTNERS AND SERVICE PROVIDERS INCLUDING BARCLAYS BANK DELAWARE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THIS PROGRAM IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE.

Release of Liability
BY AGREEING TO PARTICIPATE IN THE PROGRAM YOU RELEASE COLORADO MOUNTAIN BREWERY AND EACH SUCH COMPANY’S RESPECTIVE SUBSIDIARIES or RESPECTIVE FRANCHISES, DIVISIONS, AND AFFILIATE ENTITIES, ALONG WITH EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR MEMBERSHIP OR CARD ACCOUNT OR PARTICIPATION IN THE PROGRAM OR THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLORADO MOUNTAIN BREWERY, AND BARCLAYS BANK DELAWARE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE COLORADO MOUNTAIN BREWERY PROGRAM TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then the aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages.

Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Colorado Mountain Brewery agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute must first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice must be sent:

to Colorado Mountain Brewery at: Colorado Mountain Brewery Legal Department, {1110 Interquest Pkwy, Suite #204, Colorado Springs}, Attn: General Counsel; or to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Colorado Mountain Brewery agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement
To the extent the party asserting the dispute cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Colorado Mountain Brewery agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Colorado Mountain Brewery expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to the Colorado Mountain Brewery: Attn: General Counsel, The Colorado Mountain Brewery, {1110 Interquest Pkwy, Suite #204, Colorado Springs}. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Colorado Mountain Brewery will reimburse those fees for claims totaling less than $10,000. Colorado Mountain Brewery waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or Colorado Mountain Brewery may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

This Arbitration Agreement is governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions will survive after this Agreement terminates or your use of the Program ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

These Program Rules and Arbitration Agreement are governed by the laws of the State of California, without regard to any conflict of law provisions.

Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief awarded by the arbitrator must be individualized to you to not affect any other customer. You and Colorado Mountain Brewery agree that each may bring claims against the other in arbitration only in your or Colorado Mountain Brewery’s respective individual capacities and in so doing you and Colorado Mountain Brewery hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Termination
With the exception of the Arbitration Agreement, which will survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Colorado Mountain Brewery You may terminate this Agreement at any time by canceling your Membership. Colorado Mountain Brewery also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in Colorado Mountain Brewery’s sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.

Customer Service
For questions or assistance, just mail us at [email protected]

Effective as of May 7th, 2025