Terms of Use

The website located at rootbeersocialclub.com and any related subdomains and pages (collectively, the “Site”) is operated by Root Beer Social Club LLC, an Oregon limited liability company (“Company,” “we,” “us,” and “our”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with those features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

What the Site offers. The Site provides editorial reviews, tasting profiles, a structured flavor taxonomy and interactive flavor wheel, recipes and make-your-own guides, an interactive tasting console, and related tools for discovering craft botanical sodas, including root beer, birch beer, sarsaparilla, ginger beer, botanical tonics, and cream soda. The Site also provides links to purchase these products, an online store, a members’ area, an email newsletter, and the ability for registered users to submit ratings, reviews, and other content (together, the “Services”).

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site and Services. By accessing or using the Site, you accept these Terms (on behalf of yourself or the entity you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You must be at least 13 years old to use the Site or create an account. If you are under 18 years old, you may use the Site only with the consent of your parent or legal guardian, who must agree to these Terms on your behalf. You must be at least 18 years old, or have your parent or legal guardian conduct the transaction, to make a purchase. The Site is not directed to children under 13, and we do not knowingly collect their personal information. If you do not agree with all of these Terms, do not access or use the Site.

If we make a mobile application available through the Apple App Store or Google Play, your download and use of that application is also governed by Appendix A (Mobile Application End User License Agreement) at the end of these Terms, which supplements these Terms for the application.

PLEASE BE AWARE THAT SECTION 11 CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. FOR USERS AND CLAIMS NOT COVERED BY THE CARVE-OUTS IN SECTION 11.1, IT INCLUDES A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION AND JURY-TRIAL WAIVER. PLEASE READ SECTION 11 CAREFULLY.

UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 11.9, YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. THIS DOES NOT APPLY TO EEA/UK CONSUMERS OR TO CLAIMS THAT LAW EXEMPTS FROM ARBITRATION, AS DESCRIBED IN SECTION 11.1.

1. Accounts

1.1 Account creation

To use certain features of the Site you must register for an account (an “Account”). We offer passwordless sign-in by email link and sign-in with Google. You represent and warrant that all information you submit is truthful and accurate, and you agree to keep it accurate. You may delete your Account at any time from your account page. We may suspend or terminate your Account in accordance with Section 9.

1.2 Account responsibilities

You are responsible for maintaining control of the email address and any third-party sign-in used to access your Account, and you are responsible for all activity that occurs under your Account. Notify us immediately at contact@rootbeersocialclub.com of any unauthorized use or suspected breach of security. We are not liable for any loss arising from your failure to safeguard your access credentials.

2. Access to the Site

2.1 License

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for your own personal, non-commercial purposes.

2.2 Certain restrictions

The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any content displayed on it; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service, including by copying, harvesting, or scraping our catalog, reviews, tasting taxonomy, or flavor data; and (d) except as expressly stated in these Terms, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form. All copyright and other proprietary notices must be retained on all copies.

2.3 Modification

We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part of it, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

2.4 No support or maintenance

You acknowledge that we have no obligation to provide you with support or maintenance in connection with the Site.

2.5 Ownership

Excluding any User Content you provide (defined below), you acknowledge that all intellectual property rights in the Site and its content (including our writing and reviews, the tasting taxonomy, the flavor wheel, palate-map coordinates, scoring framework, and original graphics) are owned by the Company or its licensors. These Terms do not transfer to you any right, title, or interest in those intellectual property rights except for the limited access rights set out in Section 2.1. Product names, brand names, and logos of the beverages we review belong to their respective owners and are referenced for identification, review, and commentary.

2.6 Feedback

If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you assign to us all rights in the Feedback and agree that we may use it without restriction or compensation. We will treat Feedback as non-confidential and non-proprietary.

3. Purchases, store, memberships, and pricing

3.1 The store and checkout

Some products can be purchased through our online store. Checkout, payment processing, tax calculation, and order fulfillment for our store are handled by Shopify, and your purchase is also subject to Shopify’s applicable terms and policies. We do not collect or store your full payment-card details. Product descriptions, prices, and availability may change at any time and may contain errors; we reserve the right to correct errors and to cancel or refuse any order, including after an order has been submitted. All prices are stated in the currency shown at checkout, and applicable taxes and shipping are calculated at checkout.

3.2 Affiliate links and disclosure

Some outbound links on the Site are affiliate links, and we may earn a commission when you buy through them, at no additional cost to you. This never changes our editorial scores, reviews, or rankings. Where a product is not sold in our own store, your purchase is a transaction between you and the third-party retailer, and that retailer’s terms and policies apply.

3.3 Memberships and subscriptions

Certain premium features may be offered as a paid membership. Free features are available without payment; paid features require an active, paid membership. If and when paid membership launches, the following will apply: membership fees are billed in advance on a recurring basis through our payment processor; your membership will automatically renew for successive periods at the then-current price until you cancel; you may cancel at any time, effective at the end of the current billing period, from your account page; and fees already paid are non-refundable except where required by law. We will disclose the price, billing frequency, and cancellation method before you subscribe, and we will notify you of any price change in advance.

3.4 EU/UK consumers: right of withdrawal

If you are a consumer in the EU or UK, you may have the right to withdraw from a purchase within 14 days without giving a reason, subject to exceptions for certain perishable, sealed, or personalized goods. See rootbeersocialclub.com/withdraw for how to cancel an order, the model withdrawal form, and the exceptions that apply. If we accept an order from you in the EU or UK, the price, any applicable taxes (including VAT where applicable), and your order confirmation are provided at checkout by Shopify. Nothing in these Terms limits any mandatory statutory rights you have as a consumer.

4. User content

4.1 Your content

“User Content” means any information or content you submit to or use with the Site, for example ratings, reviews, tasting notes, saved recipes, profile information, and beverages or details you submit to our catalog. You are solely responsible for your User Content and assume all risks associated with it, including any reliance on it by others. You represent and warrant that your User Content does not violate the Acceptable Use Policy in Section 4.3. Community-submitted content is placed in a moderation queue and is not published automatically. We are not obligated to back up any User Content, and it may be removed or deleted at any time.

4.2 License to us

You grant us (and represent and warrant that you have the right to grant) a non-exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, adapt, and otherwise use your User Content, and to grant sublicenses of these rights, for the purpose of operating, promoting, and improving the Site and Services. You retain ownership of your User Content. To the extent permitted by applicable law, you waive any moral rights or attribution claims with respect to your User Content as used on the Site.

4.3 Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity; (ii) is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, defamatory, false, intentionally misleading, obscene, or that promotes hatred or physical harm against any group or individual; (iii) is harmful to minors; or (iv) violates any applicable law or regulation.

In addition, you agree not to: (i) upload or transmit any viruses, worms, or other harmful code; (ii) send unsolicited or unauthorized advertising, spam, or chain letters; (iii) harvest or collect information about other users without their consent; (iv) interfere with or place an undue burden on the Site’s servers or networks, including through automated scraping of the catalog or reviews; (v) attempt to gain unauthorized access to the Site or related systems; (vi) harass or interfere with any other user’s use of the Site; or (vii) use automated scripts to create multiple accounts, generate automated requests, or strip, scrape, or mine data from the Site. We conditionally grant operators of public search engines revocable permission to use spiders to copy materials from the Site solely to create publicly available searchable indices, subject to the parameters set in our robots.txt file.

4.4 Enforcement and moderation

We reserve the right (but have no obligation) to review, refuse, moderate, or remove any User Content in our sole discretion, and to investigate and take appropriate action against any user who violates this Acceptable Use Policy or these Terms, including removing content, suspending or terminating the Account, and reporting the user to law enforcement.

5. Indemnification

You agree to indemnify and hold the Company (and its members, officers, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising out of (a) your violation of these Terms, (b) your violation of applicable laws or regulations, or (c) your User Content. This indemnity does not apply to the extent a claim arises from the Company’s own breach of these Terms, negligence, fraud, or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You agree not to settle any such matter without our prior written consent. This Section does not apply to the extent a mandatory consumer-protection law prohibits it.

6. Third-party links, advertising, and other users

6.1 Third-party links and advertising

The Site may contain links to third-party websites and services, and may display advertising for third parties (collectively, “Third-Party Links & Ads”). Third-Party Links & Ads are not under our control, and we are not responsible for them. We do not endorse or assume responsibility for any third-party site, advertiser, or product. When you follow a Third-Party Link & Ad, the applicable third party’s terms and privacy practices apply. You use Third-Party Links & Ads at your own risk.

6.2 Other users

Each Site user is solely responsible for their own User Content. Because we do not control User Content, you acknowledge that we are not responsible for any User Content, whether provided by you or others, and we make no guarantee about its accuracy, currency, or quality. Your interactions with other users are solely between you and those users.

6.3 Release

You release and forever discharge the Company (and our members, officers, employees, agents, successors, and assigns) from every dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising directly or indirectly out of, or relating to, your interactions or dealings with other Site users or with the third-party websites, advertisers, retailers, and services reached through Third-Party Links & Ads, including the acts or omissions of those users or third parties. This release does not apply to claims arising from the Company’s own acts or omissions, including the Company’s breach of these Terms, negligence, fraud, or willful misconduct, and does not limit any right that cannot be waived under applicable law. If you are a California resident, you waive, in connection with the foregoing release, California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

7. Disclaimers

Not professional advice. The reviews, tasting scores, flavor profiles, recipes, and other content on the Site are editorial opinion offered for general information and enjoyment. They are not professional, dietary, medical, or nutritional advice. Ingredient, allergen, and nutrition information may be incomplete or out of date; always check the actual product label. The beverages we review are non-alcoholic craft sodas.

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AFFECTS ANY MANDATORY STATUTORY WARRANTY OR CONSUMER RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW THAT APPLIES TO YOU, INCLUDING FOR CONSUMERS IN THE EEA AND UK.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER-PROTECTION LAW IN THE EEA AND UK.

9. Term and termination

These Terms remain in effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time, for any reason, including for any violation of these Terms. Upon termination, your right to access and use the Site ends immediately, and we may delete User Content associated with your Account. Even after termination, the following provisions survive: Sections 2.2, 2.5, 2.6, 4 through 8, 10, 11, and 12 (and, if you have used an App, Appendix A), together with any accrued payment obligations.

10. Copyright policy (DMCA)

We respect the intellectual property of others and ask that users of the Site do the same. We have adopted a policy of removing infringing material and terminating, in appropriate circumstances, users who are repeat infringers. If you believe that material on the Site infringes a copyright you own or control, please provide our designated Copyright Agent with a written notice under 17 U.S.C. § 512(c) that includes:

1. (a)your physical or electronic signature;
2. (b)identification of the copyrighted work(s) you claim have been infringed;
3. (c)identification of the material you claim is infringing and that you request us to remove;
4. (d)sufficient information to permit us to locate the material;
5. (e)your address, telephone number, and email address;
6. (f)a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
7. (g)a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

Under 17 U.S.C. § 512(f), any material misrepresentation in a written notification may subject the complaining party to liability. Our designated Copyright Agent is:

DMCA Designated Agent

Root Beer Social Club LLC

5441 S Macadam Ave, Ste N, Portland, Oregon 97239

Telephone: +1 (541) 566-8626

Email: contact@rootbeersocialclub.com

11. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. FOR USERS AND CLAIMS NOT COVERED BY THE CARVE-OUTS IN SECTION 11.1, IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

11.1 Carve-outs: EEA/UK consumers and claims that cannot be arbitrated

EEA/UK consumers: this Section 11 (arbitration, jury-trial waiver, and class-action waiver) does not apply to you if you are a consumer resident in the European Economic Area or the United Kingdom. If so, disputes with the Company will be handled by the competent courts of your country of residence, and you keep the benefit of any mandatory consumer-protection rights and dispute-resolution mechanisms available to you under local law. The governing-law choice in Section 12.2 does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Claims arbitration cannot reach: for all other users, to the extent applicable law prohibits arbitration of a particular claim, this Section 11 does not apply, but only as to that claim. That claim may be brought in a court of competent jurisdiction, and all other claims remain subject to this Section 11. Claims affected by the unenforceability of the waiver in Section 11.6 are governed by Sections 11.6 and 11.10, not by this paragraph.

11.2 Applicability of arbitration

Except as stated in Sections 11.1 and 11.9, you and the Company agree that any dispute relating in any way to the Site, the Services, or these Terms will be resolved by binding arbitration rather than in court, except that (a) either party may bring an individual claim in small-claims court if it qualifies, and (b) either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives termination of these Terms.

11.3 Informal dispute resolution

Before starting an arbitration, the initiating party must first send a written notice describing the dispute to the other party (to the Company at contact@rootbeersocialclub.com or 5441 S Macadam Ave, Ste N, Portland, Oregon 97239). The parties will then attempt in good faith to resolve the dispute informally, including through an individualized telephone or video conference to be held within 45 days after the notice is received. Completing this process is a condition precedent to starting arbitration; the condition is satisfied, and either party may commence arbitration, if the dispute is not resolved within 60 days after the notice is received, whether or not a conference has taken place. The applicable limitations period is tolled while this process is underway.

11.4 Arbitration rules and forum

The arbitration will be administered by JAMS under its then-current Streamlined Arbitration Rules (for claims under $250,000) or Comprehensive Arbitration Rules (for larger claims), available at www.jamsadr.com. Unless the parties agree otherwise, the arbitration will be conducted in the county where you reside, or by videoconference. The arbitrator may award the same individual relief a court could, must follow these Terms, and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.

11.5 Jury-trial waiver

EXCEPT AS STATED IN SECTIONS 11.1, 11.2, 11.6, AND 11.9, YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

11.6 Waiver of class and other non-individualized relief

EXCEPT AS STATED IN SECTIONS 11.1 AND 11.9, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL BE SEVERED FROM ARBITRATION AND MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION, AND THE COURT PROCEEDING WILL BE STAYED PENDING ARBITRATION OF ALL ARBITRABLE CLAIMS.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Nothing in this Section waives any right to seek public injunctive relief that cannot be waived under applicable law; if such a claim cannot be waived, that claim (and only that claim) will be decided by a court of competent jurisdiction after arbitration of all arbitrable claims, and the court proceeding will be stayed pending the arbitration.

11.7 Fees

Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds a claim or defense frivolous or brought for an improper purpose, or unless applicable law or the JAMS rules provide otherwise. Payment of arbitration fees is governed by the applicable JAMS rules.

11.8 Batch arbitration

If arbitration demands of a substantially similar nature are filed against the Company by or with the assistance of the same or coordinated counsel in numbers meeting the definition of a mass arbitration under the JAMS Mass Arbitration Procedures and Guidelines then in effect, the parties agree those procedures will apply. Each claimant retains the right to an individualized determination of their claim, and applicable limitations periods are tolled for all claimants from the filing of the first demand. If JAMS declines to administer the demands under those procedures, or if this Section 11.8 is found unenforceable, the demands will proceed as individual arbitrations under Section 11.4. This provision does not authorize class arbitration.

11.9 30-day right to opt out

You may opt out of this arbitration agreement by sending written notice, within 30 days of first becoming subject to it, to 5441 S Macadam Ave, Ste N, Portland, Oregon 97239 or contact@rootbeersocialclub.com, stating your name, address, and a clear statement that you want to opt out. If you opt out, this entire Section 11 (including the jury-trial waiver in Section 11.5, the class waiver in Section 11.6, and the batch provision in Section 11.8) will not apply to you, and disputes between you and the Company will be resolved in court. Opting out does not affect any other part of these Terms.

11.10 Severability and changes

If any part of this Section 11 other than the class-action waiver in Section 11.6 is found unenforceable, that part will be severed and the remainder will continue in effect. A finding that the waiver in Section 11.6 is unenforceable as to a particular claim is governed by Section 11.6: that claim, and only that claim, proceeds in court. If the class-action waiver in Section 11.6 is found unenforceable in its entirety, this entire Section 11 will be null and void as to the affected dispute, which will proceed in court. If we make a material change to this Section in the future, you may reject the change within 30 days after we notify you of it under Section 12.1, by written notice to the address or email in Section 11.9, in which case the most recent version you accepted will apply.

12. General

12.1 Changes to these Terms

We may revise these Terms from time to time. If we make material changes, we will notify account holders by email to the address associated with the Account and will post a prominent notice on the Site, in each case at least 30 days before the changes take effect, and we will update the effective date above. Changes apply prospectively only: they do not modify the terms that governed a dispute that arose before their effective date, and material changes to Section 11 are subject to your right to reject them under Section 11.10. Your continued use of the Site after the changes take effect constitutes your acceptance of the revised Terms.

12.2 Governing law

These Terms are governed by the laws of the State of Oregon, USA, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 11. This choice of law does not deprive a consumer of the protection of mandatory provisions of the law of the consumer’s country of residence.

12.3 Electronic communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. This does not affect your non-waivable rights.

12.4 US state disclosures

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12.5 Export

You agree not to export, re-export, or transfer any U.S. technical data acquired from us, or any product using such data, in violation of U.S. export laws or regulations.

12.6 Entire terms; assignment; severability

These Terms are the entire agreement between you and us regarding the Site and supersede any prior agreements on that subject. Our failure to enforce any right or provision is not a waiver. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. The section titles are for convenience only, and “including” means “including without limitation.”

12.7 Copyright and trademarks

Copyright © 2026 Root Beer Social Club LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of the Company or their respective owners and may not be used without prior written consent.

12.8 Contact

Root Beer Social Club LLC

5441 S Macadam Ave, Ste N, Portland, Oregon 97239

Telephone: +1 (541) 566-8626

Email: contact@rootbeersocialclub.com

Appendix A: Mobile Application End User License Agreement

This Appendix applies only if you download or use a Company mobile application (an “App”) made available by us through the Apple App Store or the Google Play Store. It supplements, and forms part of, these Terms. If there is any conflict between this Appendix and the rest of these Terms with respect to the App, this Appendix controls for the App. The App is licensed, not sold, to you. Apple Inc. and Google LLC (each a “Store Operator”) are not parties to these Terms and are not responsible for the App.

A.1 Acknowledgement

You and we acknowledge that these Terms are concluded between you and the Company only, and not with any Store Operator, and that the Company, not the Store Operator, is solely responsible for the App and its content. These Terms do not conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service, and, in the event of a conflict, those store terms will govern with respect to your use of the applicable store.

A.2 Scope of license

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product or Android device that you own or control, as permitted by the usage rules of the applicable store and by these Terms (including the restrictions in Section 2.2). Where the applicable store permits, the App may be accessed and used by other accounts associated with you through family sharing or volume purchasing.

A.3 Maintenance and support

The Company is solely responsible for providing any maintenance and support services for the App, as required under applicable law. You and we acknowledge that no Store Operator has any obligation whatsoever to furnish any maintenance and support services with respect to the App.

A.4 Warranty

The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The disclaimers in Section 7 apply to the App. For Apps obtained through the Apple App Store: in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

A.5 Product claims

You and we acknowledge that the Company, not any Store Operator, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Nothing in these Terms limits the Company’s liability to you beyond what is permitted by applicable law.

A.6 Intellectual property rights

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not any Store Operator, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

A.7 Legal compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

A.8 Developer name and address

The App is provided by Root Beer Social Club LLC, 5441 S Macadam Ave, Ste N, Portland, Oregon 97239, telephone +1 (541) 566-8626. Any questions, complaints, or claims with respect to the App should be directed to contact@rootbeersocialclub.com or to the address and telephone number above.

A.9 Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service plan, and the terms of the Apple App Store or Google Play Store from which you obtained the App).

A.10 In-app purchases, memberships, and subscriptions

If the App offers paid content, memberships, or subscriptions processed through the Apple App Store or Google Play, those purchases are subject to the applicable store’s terms and are managed in your store account: where store billing applies, subscriptions renew automatically until canceled, you cancel through your store account settings (not through us), and refunds are handled under the store’s policies. Where an alternative payment method is offered as permitted by the applicable store, the membership terms in Section 3.3 apply. The price, billing frequency, and cancellation method will be disclosed before you subscribe.

A.11 Objectionable content and user conduct

The App may include user-generated content such as ratings and reviews. There is zero tolerance for objectionable content or abusive behavior. By using the App you agree not to submit content that is objectionable, harassing, abusive, or otherwise in breach of the Acceptable Use Policy in Section 4.3. We may remove such content and terminate access for users who submit it, and the App provides mechanisms to report objectionable content and to block abusive users.

A.12 Third-party beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Distribution of the App through Google Play is additionally governed by Google’s applicable terms.