TERMS OF USE

PLEASE REVIEW OUR TERMS OF USE (“Agreement”) CAREFULLY BEFORE USING OUR SITE. This Agreement sets forth the terms of use for the website owned and operated by Flix Entertainment LLC, its subsidiaries and affiliates (collectively “FLIX”) at www.flixbrewhouse.com, (the “Site”). By using this site or any Flix Brewhouse mobile application ("App"), you agree to and acknowledge our terms of use. FLIX reserves the right to change, modify, add, or remove portions of this Agreement at any time, without prior notice. Such changes, revisions or modifications shall be effective immediately upon notice upon posting to the Site. Your use of the Site or App after such change, revision or modification shall be deemed to constitute your acceptance thereof.

IF YOU DO NOT ACCEPT THESE TERMS PLEASE EXIT OUR WEBSITE NOW.

Except as otherwise indicated, this Site and App, and its entire contents (collectively, the “Materials”), including but not limited to, the text, information, material, software, and graphics contained on this Site, are owned by FLIX and its affiliates. No Materials, information, tools, software, products or services included in or available from or through this Site or from or through any web site owned, operated, licensed or controlled by FLIX may be copied, reproduced, republished, modified, downloaded, uploaded, posted, transmitted, or distributed in any way, without the express written permission of FLIX. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. FLIX makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site or App. Any third party names, trademarks, and service marks are the property of their respective owners. This Site is protected by the intellectual property laws of the United States of America and international treaties.

The Site and App contain links to third party sites. These links are provided for convenience purposes only and are not controlled by FLIX. FLIX does not make any representations or warranties, express or implied, regarding the content of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by FLIX with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services sold or provided by any such third party (“Third Party Site”).

By downloading a FLIX RSS Feed (“FLIX Feed”) from FLIX you agree to be bound by the terms set out below (the “Standard License Terms”). These Standard License Terms may be updated by FLIX from time to time. Please review these Standard License Terms each time you download an FLIX Feed. Your download and/or use of a FLIX Feed indicate your agreement to these Standard License Terms.

1. License. Subject to the terms of this Agreement FLIX grants you a non-exclusive license to display on your Third Party Site, the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from FLIX via the FLIX Feed (“FLIX Content”). This grant is not transferrable nor sub-licensable. All title, ownership rights and intellectual property rights in and to the FLIX Feed shall remain the property of the FLIX. Nothing in these Standard License Terms grants you any right to use the FLIX trademark on your Third Party Site or elsewhere.

2. Use of FLIX Content. You shall ensure that FLIX is given credit for all FLIX Content appearing in your Third Party Site (for example, “From FLIX”) Furthermore, you shall not directly or indirectly charge users for accessing FLIX Content nor shall you re-sell or attempt to re-sell the FLIX Content in any manner. Where possible you must create a functional link back to the FLIX pages summarized by the FLIX Content. You shall not directly or indirectly change, edit, add to or produce summaries of the FLIX Content or any content on the FLIX website nor place any full-story FLIX content in an HTML frame-set. You shall not directly or indirectly suggest any endorsement or approval by FLIX of your Third Party Site or any non-FLIX entity, product or content or any views expressed within your Third Party Site or service. You acknowledge and agree that all FLIX Content is under the sole and exclusive control of FLIX and that all inquiries received by you which relate to FLIX or the FLIX Content should promptly be referred to FLIX at webmaster@flixbrewhouse.com.

3. Warranties & Liability. You warrant to FLIX that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws, rules and regulations; (ii) the Third Party Site shall contain no material which is libelous, defamatory, pornographic, obscene, vulgar, deceptive, fraudulent, threatening, harassing, profane, tortious, invasive of privacy or which brings FLIX into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of the Third Party Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of FLIX Content. The FLIX Feed is made available by FLIX on an “as is” and “as available” basis and FLIX makes no warranty of any kind in relation to the FLIX Feed, the FLIX Content, or any content on the FLIX Site. FLIX disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the FLIX Content, the FLIX Feed and the FLIX Site and any content thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW FLIX EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE FLIX FEED, THE FLIX CONTENT OR ANY CONTENT ON THE FLIX WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF FLIX CONTENT. Each provision of this Clause 3 operates separately unto itself and survives independently of the others.

4. Indemnity. You hereby agree to indemnify, hold harmless and defend FLIX in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard License Terms or otherwise in connection with your use of the FLIX Feed (including the FLIX Content).

5. Miscellaneous. Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in these Standard License Terms in whole or in part to any third party. These Standard License Terms supersede all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into these Standard License Terms. Any failure or delay by either party in exercising its rights under any provisions of these Standard License Terms shall not be construed as a waiver of those rights at any time now or in the future.

6. Termination. You may terminate these Standard License Terms and the license granted herein at any time by destroying or removing all copies of the FLIX Feed (including the FLIX Content) from your Site, all hard drives, networks and other storage media. FLIX may restrict, suspend or terminate the FLIX Feed, these Standard License Terms, the license granted herein or your access to the FLIX Feed at any time without liability. You agree to destroy all copies of the FLIX Feed (including the FLIX Content) upon receiving notice of termination hereof from FLIX. Clauses 3, 4 and 5 of these Standard License Terms shall survive termination hereof.

FLIX RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE, APP OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT NOTICE.

THE SITE AND APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT FLIX’S WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN FLIX’S OPERATING WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FLIX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE OR APP IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL FLIX OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR LOST SALES EVEN IF FLIX OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ACCORDINGLY, SOME OF THE ABOVE LISTED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL FLIX BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.

FLIX controls and operates this Site and App from its offices in the United States of America. No representation is accordingly made that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site or App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. FLIX makes no claims that the content of this Site or App is appropriate outside of the United States. If you access this Site or App outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.

This Agreement constitutes the whole legal agreement between you and FLIX and governs your use of the Site and App, and completely replaces any prior agreements between you and FLIX in relation to the Site or App. You agree to comply with all laws, rules and regulations applicable to your use of the Site and App. You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, FLIX shall be entitled to seek immediate equitable relief, including injunctive relief. You agree that if FLIX does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which FLIX has the benefit of, such failure will not be taken to be a formal waiver of FLIX’s rights and that those rights or remedies will still be available to FLIX. If any court having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms herein. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of laws provisions of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of Texas. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

If you have any questions about this Agreement, you can send a request for information to the following email address: information@flixbrewhouse.com or you can send your request for information in writing to the following postal address:

Flix Entertainment LLC

Attention: Webmaster

2000 S. IH-35, Suite Q11

Round Rock, Texas 78681

FlixPass Terms of Use

These terms of service (“Agreement”) govern you accessing content and using the Service and mobile applications associated with the FlixPass Subscription Service. This Agreement between you (“you”) and Flix Entertainment, LLC ("Flix Brewhouse")is subject to changes as described below. By checking the box next to “I agree to Terms of Service and Privacy Policy” when purchasing the FlixPass Subscription Service, you (i) accept this Agreement and the Flix Entertainment, LLC website Terms of Use; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Flix Brewhouse.

The Service and related mobile application is owned and operated by Flix Brewhouse. The Service and its content (“Content”) and the FlixPass (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Flix Brewhouse or the copyright owner to the fullest extent allowed by law.
You must be a member of The Circle rewards program in order to use the Service. You must opt in to receiving emails in order to use the Service.
FlixPass is a continuous service membership program. Following the initial purchase of the membership, your membership continues until it is canceled by the Member or us. Once cancelled, an individual may not renew a membership in the Service for a period of six (6) months.

Your membership begins on the date you sign up to use the Service and ends upon termination of your membership as described herein (“Membership Period).
Your membership fee plus applicable taxes, will be automatically charged/debited to your payment method by us on each monthly anniversary of your Membership Period.
You may cancel your membership at any time. If you cancel before you monthly anniversary, your membership will extend until your monthly anniversary. You will not be eligible for a refund or prorated portion of your membership fee. If you cancel your membership, you are still liable for any per-ticket fees that are incurred during the remainder of your Membership Period.

FlixPass is a subscription service that allows participants in the program (“Members”) to either enjoy up to one (1) movie per day and up to three (3) movies during an active month, with an additional three (3) movie tickets available for a thirty (30) day roll over period if unused on active accounts at participating Flix Brewhouse locations for a monthly fee.

Members in good standing are authorized to reserve an available seat for one qualifying movie show time per day. Members may not use the Service to reserve a seat more than once per day. For purposes of this Agreement, a “day" means 6:00 a.m. to the following day at 5:59 a.m., in the time zone of the theater in which the pass is being used. A qualifying movie is a regular 2D movie scheduled and designated by Flix Brewhouse as eligible for use with FlixPass.
Special events and other premium content may be excluded from the Service at the sole discretion of Flix Brewhouse.
To use the Service, the Member must reserve a seat using the Service features of the Flix Brewhouse Mobile App. Reservations may be made in advance at any time after tickets are on sale to the public, up to seven (7) days prior to the show time, subject to sell-out conditions.
To redeem a reservation, Members must present the mobile device on which the ticket was reserved along with a matching valid photo identification. The name on the identification, the ticket and the FlixPass membership must match exactly.
Admission under the FlixPass program is limited to only the individual named as the Member and is not valid for admission of any other persons not the named Member. Guests attempting to use an FlixPass ticket without a matching valid photo identification may not be admitted into the theater.

You acknowledge and agree that Flix Brewhouse may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Flix Brewhouse’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Flix Brewhouse when you stop using the Service; however, your credit card will continue to be charged until you cancel the Service. You acknowledge and agree that if Flix Brewhouse disables access to your account, you may be prevented from accessing the Service, your account details or any rewards or other materials which are contained in your account.
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Flix Brewhouse, unless you have been specifically allowed to do so in a separate agreement with Flix Brewhouse. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Unless you have been specifically permitted to do so in a separate agreement with Flix Brewhouse, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that Flix Brewhouse has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Flix Brewhouse may suffer) of any such breach.
Flix Brewhouse does not charge to access its mobile application except as detailed when using the Service, provided Flix Brewhouse does charge a convenience fee for use of the mobile app to purchase tickets; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for Flix Brewhouse to sync any device with your personal information.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.
Flix Brewhouse reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of the Service or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Service or any materials contained therein. As between the parties, Flix Brewhouse owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Flix Brewhouse from performance and usage data generated through your use of the Service (collectively, “Aggregate Data”). Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data. In addition, Flix Brewhouse tracks some data on a per user basis as further described in the Privacy Policy.
Flix Brewhouse will charge for access to the Service in accordance with Flix Brewhouse’s standard subscription fees or as otherwise agreed by the parties. You may be eligible for discounts based on your usage of the Service. Any discounts will be in accordance with the applicable discount schedule, if any, or otherwise agreed upon in writing. You agree to pay all then-current fees for use of the Service. A valid credit card is required for paying accounts. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
While Flix Brewhouse uses reasonable efforts to include accurate and up-to-date information on the Service, Flix Brewhouse makes no warranties or representations as to its accuracy. Flix Brewhouse assumes no liability or responsibility for any errors or representations in the Content or the Service.
The time and theater for a movie may change since originally posted. Please make sure you check the website or mobile app to confirm showtimes and seat availability. It is not until you receive a ticket at the applicable theater, that the seat will be confirmed for the movie and show time selected. Flix Brewhouse does not guarantee availability for the movie and show time that you desire.
The Service may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Flix Brewhouse is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
Users of the Service may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Service, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Flix Brewhouse shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Flix Brewhouse has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Service, including content that has been posted by users.
At your discretion, you may provide feedback to Flix Brewhouse concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to Flix Brewhouse. In the event ownership in the Feedback cannot be granted to Flix Brewhouse, you grant Flix Brewhouse at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Flix Brewhouse may disclose that Feedback to any third party in any manner and you agree that Flix Brewhouse has the ability to sublicense all Feedback in any form to any third party without restriction.
The Service may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Flix Brewhouse may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
You shall not transmit to Flix Brewhouse or upload to the Service any Harmful Code or use or misappropriate the data on the Service for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use your username and password for any unauthorized purpose.
Flix Brewhouse may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
Flix Brewhouse does not knowingly collect any information from anyone who we know to be under the age of 18. If you are under the age of 18, you should not use the Service. If Flix Brewhouse discovers that a person under the age of 18 has provided Flix Brewhouse with any personal information, Flix Brewhouse will use commercially reasonable efforts to delete such person's personal information from all Flix Brewhouse systems.
Flix Brewhouse may terminate your access to the Service for any reason at any time including, but not limited to: (i) breach of this Agreement; (ii) failure to pay your subscription fee; (iii) making false or misleading statements or providing false or misleading information; (iv) providing your ticket to anyone else; (v) violating any terms of the applicable theater; (vi) you view a movie other than the movie for which your ticket was acquired; or (vii) you allow another person to use your account. If you reserve a seat in advance and are not able to make it to the movie, you must cancel or refund the ticket. If you reserve a seat and do not attend, it is a violation of this Agreement and we may cancel your subscription, restrict your ability to purchase tickets in advance, or restrict your account in other ways. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to the Service.
By using the Service, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Service. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS
The materials accessed through the Service are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Flix Brewhouse’s proprietary rights in them.
THE MATERIALS, CONTENT ON THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FLIX BREWHOUSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SERVICE. FLIX BREWHOUSE MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FLIX BREWHOUSE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FLIX BREWHOUSE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLIX BREWHOUSE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICE, EVEN IF FLIX BREWHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. FLIX BREWHOUSE AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF FLIX BREWHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement and the Flix Brewhouse website Terms of Use shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Flix Brewhouse shall not be liable to you for any delay or failure of Flix Brewhouse to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Flix Brewhouse. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Service.