Disclaimer of Warranties: EXCEPT FOR THE SPECIFIC BREWOPS HARDWARE WARRANTIES, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES BY BREWOPS, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND BREWOPS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, BREWOPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPLETENESS OF THE PRODUCT OR SERVICES, THE USE OR THE RESULTS OF THE USE OF THE PRODUCT OR SERVICES, OR THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR HAVE IMPENETRABLE SECURITY.

Limitation of Liability: BREWOPS SHALL HAVE NO RESPONSIBILITY, OR LIABILITY FOR ANY CLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND OR NATURE, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, CAUSED, DIRECTLY OR INDIRECTLY, BY ANY INADEQUACY OF THE PRODUCTS OR SERVICES OR ANY DEFICIENCY OR DEFECT THEREIN, OR ANY DELAY IN PROVIDING, OR FAILURE TO PROVIDE, PRODUCTS OR SERVICES OR REPLACEMENTS, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY RESPONSIBILITY AND LIABILITY FOR LOSS OF BUSINESS, PROFITS, OR DATA, OR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY NATURE.

BREWOPS CANNOT GUARANTEE THE PRODUCTS OR SERVICES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME. ALTHOUGH BREWOPS STRIVES TO PROVIDE THE MOST RELIABLE PRODUCTS AND SERVICES REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE PRODUCTS AND SERVICES ARE UNAVOIDABLE AND BREWOPS DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

TO THE EXTENT PERMITTED BY LAW, BREWOPS, ITS AFFILIATES, SUPPLIERS, AND LICENSORS ARE NOT UNDER ANY CIRCUMSTANCES (INCLUDING NEGLIGENCE) LIABLE FOR ANY PROPERTY DAMAGE, INJURY, DEATH, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR LOSS OF INFORMATION) THAT RESULT FROM OR ARISE OUT OF USE OF THE PRODUCTS OR SERVICES, INABILITY TO USE THE PRODUCTS OR SERVICES, OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR SERVICES. THIS LIMITATION APPLIES EVEN IF THE DAMAGES WERE FORESEEABLE OR BREWOPS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH APPLIES TO ALL CONTENT, MERCHANDISE OR SERVICES, INCLUDING TECHNICAL SUPPORT, AVAILABLE THROUGH OR ON BEHALF OF THE PRODUCTS.

Governing Law: “This policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.”

Dispute Resolution: “Any disputes arising from this policy or the services provided shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association in a location in Essex County, Massachusetts.”

Force Majeure Clause: “BrewOps shall not be liable for any failure to perform its obligations under this policy due to events beyond its reasonable control, including but not limited to any circumstances beyond BrewOps’ reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.”

Customer Rights Under Massachusetts Law: “This policy does not affect your statutory rights under Massachusetts law, including but not limited to the Massachusetts Consumer Protection Act (Chapter 93A), which may provide additional protections for consumers.”