Terms and Conditions

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 Welcome to the Beer and Wine Federation Web site (the “Site”), provided by Beer and Wine Federation, LLC. (“BFW.” or “we”). This Agreement contains the terms and conditions upon which you (“you,” or “the user”) may access and use the valuable information and services available through the Site, which is controlled, maintained, owned, and operated by Beer and Wine Federation. 

By using this Site, you are agreeing to be contractually bound by the terms and conditions of the Agreement as they are stated at the time of your use of the Site.  By accessing and using the Site, you represent and warrant that you are of the age of majority under applicable law.

Services and Solutions are provided by Beer and Wine Federation.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT VIEW OR OTHERWISE USE THE SITE.

LICENSE

THE CONTENTS OF THIS SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL (“MATERIAL”), ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. This material belongs to or is licensed to Beer and Wine Federation. You are granted a non-exclusive, non-assignable, and non-transferable license to use the Site only in accordance with this Agreement.  This license is not a sale of any of the Beer and Wine Federation’s rights. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address indicated at the end of this Agreement. In any event, you agree not to modify, amend, reduce the size of, or in any way obliterate any warnings, liability limitations, disclosures, or notices (including any copyright or trademark notice) associated with the information. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML code that Beer and Wine Federation. creates to generate the pages of the Site, which code is also protected by the Beer and Wine Federation.’s copyright. If you violate any of the terms of this Agreement, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

DISCLAIMER REGARDING INFORMATION ABOUT THIRD-PARTY PRODUCTS AND SERVICES

The Site may include information about third-party products and services. All such information is provided by Beer and Wine Federation. for informational purposes only and, unless expressly provided otherwise, does not constitute an endorsement or a recommendation by Beer and Wine Federation. of any third-party product or service. Beer and Wine Federation. makes no representations or warranties of any kind, either expressed or implied, as to the accuracy, reliability, completeness, or timeliness of any information about third-party products and services contained on this website. Prior to purchasing or using any third-party product or service, you should independently investigate and evaluate whether the product or service meets your needs. In any event, you agree that Beer and Wine Federation. shall have no liability whatsoever as a result of your purchasing or using any third-party product or service for which information is provided on this website.

ERRORS AND CORRECTIONS 

The information and services included in or available through the Site may include inaccuracies and/or typographical errors. Changes are periodically made to the Site and to the information contained in the database(s) from which information on the Site is derived. Use of the Site is at your own risk, and you agree that Beer and Wine Federation. is not liable for any inaccurate information contained in or derived from the Site. Beer and Wine Federation. may make improvements and/or changes to the Site at any time.  Information contained in or derived from the Site is not to be relied on or utilized as a source of medical, financial, tax, legal, accounting, economic, business, or other professional advice.

Beer and Wine Federation, LLC’s Liability 

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Beer and Wine Federation. DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL OR GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Beer and Wine Federation. IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WITH SUCH SERVICING OR REPLACEMENT.

THE SITE AND THE MATERIAL ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Beer and Wine Federation., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Beer and Wine Federation. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED WITHIN THE SITE; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS CONTAINED ON THE SITE WILL BE CORRECTED; OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS.

YOU SPECIFICALLY AGREE THAT Beer and Wine Federation. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT Beer and Wine Federation. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Beer and Wine Federation. IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. IN NO EVENT SHALL Beer and Wine Federation., ITS AFFILIATES, AND/OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR Beer and Wine Federation. OR ANY OF ITS AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Beer and Wine Federation LLC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.

LINKS

The Site may contain links to websites operated by others (“Linked Sites”). The links are provided for your convenience only. We do not control such Linked Sites and are not responsible for the content and performance of any Linked Site or for your transactions with them, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Our inclusion of links to Linked Sites does not imply any endorsement of the material on such Linked Sites or any association with their operators. Beer and Wine Federation. does not in any way operate, control, or endorse any information, products, or services provided by third parties through the Internet.

All members and suppliers agree to the terms of our Non-Disclosure Agreement 

By accepting BFW Terms and Conditions at the time of completion of either the member application process and/or the Supplier agreement process - each party is subject to the following Non-Dissolution Agreement. 

1. Definitions 

A. “Confidential Information” means any data or information, whether disclosed in oral, written, graphic, or machine-readable form that is (a) competitively or business-sensitive material, and not generally known to the public, including but not limited to products, marketing, and sales plans and estimates, finance, operations, prices, customer relationships or product and business performance results; or (b) any scientific or technical information, design, process, procedure, formula, object code, source code, invention, know-how or improvement that is commercially valuable and secret, including but not limited to trade secrets; or (c) confidential or proprietary ideas, concepts, documents, reports, data, specifications, computer software, charts, and databases; or (d) drafts of agreements between the parties and discussions involving the parties’ potential business relationship. Confidential Information shall not include information which:

 (i)                is in the possession or control of the Receiving Party at the time of its disclosure by the Disclosing Party; or

(ii)              is, or becomes, publicly known through no wrongful act of the Receiving Party; or

(iii)            is received by the Receiving Party from a third party free to disclose it without obligation to the Disclosing Party; or

(iv)            is independently developed by the Receiving Party without access to or use of the Disclosing Party’s Confidential Information; or

(v)             is released by Disclosing Party to any third party without restriction.

B.  “Disclosing Party” means a Party to this Agreement that discloses Confidential Information to the Receiving Party.

C.   ‘Recipient” or “Receiving Party” means a Party to this Agreement to whom Confidential Information is disclosed by Disclosing Party.

2. Treatment of Information. Disclosing Party shall use reasonable efforts to mark Confidential Information disclosed in tangible form as “Confidential” or “Proprietary” and to reduce to writing within 30 days all Confidential Information that is disclosed orally; provided, however, that a failure to do so shall not affect the status of such information as Confidential Information under this Agreement. A Recipient shall keep all Confidential Information strictly confidential and shall protect such Confidential Information from disclosure using the same degree of care used to protect its own Confidential Information, but in any case, using no less than a reasonable degree of care. A Recipient may disclose Confidential Information to its affiliates who agree, in writing, to be bound by this Agreement, and to its employees and contractors who have a need to know for the purpose of this Agreement, and who are bound in writing to protect the Confidential Information from unauthorized use and disclosure. A Recipient agrees to advise any such authorized recipients of Confidential Information of the terms of this Agreement and its obligations under this Agreement. All obligations with respect to the Confidential Information shall survive the termination of this Agreement as set forth in Section 11 hereof.

3. Use of Confidential Information. A Recipient shall use Confidential Information of the Disclosing Party solely for the purpose of evaluating a potential business relationship with the Disclosing Party. A Recipient shall not use Confidential Information of the Disclosing Party for purposes of competing with the Disclosing Party. Each Party acknowledges and agrees that the other Party may be a competitor and that nothing in this Agreement shall prohibit or restrict either Party from competing with the other Party in any manner, as long as the Confidential Information of the other Party is not used for such purpose.

4. Disclosure Required by Law. Notwithstanding any provision of this Agreement to the contrary, if a Recipient is requested or required in a judicial, administrative, or governmental proceeding or is otherwise required by law to disclose any Confidential Information, the Recipient will immediately provide the Disclosing Party with written notice so that the Disclosing Party may, at its sole cost and expense, seek an appropriate protective order or waive the Recipient’s compliance with the applicable provisions of this Agreement.

5. Ownership of Information; No License or Other Rights. Each Party covenants and agrees that all right, title, and interest in any Confidential Information is and shall remain the exclusive property of the Disclosing Party. It is understood and agreed that neither Party grants to the other Party any license or other rights of any kind (except the right to use the Confidential Information as contemplated by this Agreement) in connection with the Confidential Information.

6. Return or Destruction of Confidential Information. Upon the Disclosing Party’s request, the Recipient agrees to return to the Disclosing Party all Confidential Information in tangible form or, with Disclosing Party's consent, promptly destroy all Confidential Information and to certify in writing to the Disclosing Party its compliance with this provision within forty-five (45) days of the Disclosing Party’s request to do so. The recipient agrees not to retain any copies, summaries, extracts, or other reproductions of Confidential Information in whole or in part. Either Party may retain one copy in its legal department for archival purposes.

7. Breach of Agreement. Recipient agrees that the Disclosing Party may be irreparably harmed and have no adequate remedy at law for any breach of this Agreement by the Recipient. Therefore, the Disclosing Party shall be entitled to seek injunctive or other equitable relief for any breach or threatened breach of this Agreement. Should Disclosing Party prevail in obtaining legal relief, the Recipient shall indemnify the Disclosing Party for reasonable costs and expenses, including, but not limited, to court costs and reasonable attorneys’ fees that the Disclosing Party incurred pursuant to the enforcement of this Agreement.

8. No Warranty. There are no warranties, express or implied, made by this Agreement.

9. Nature of Agreement. Each Party acknowledges and agrees that no legal obligations by either Party exist with respect to any transaction by virtue of this Agreement and no contract or agreement providing for a transaction with the other Party shall exist unless and until a written agreement for such transaction(s) has been executed by the parties.

10. Reasonableness of Restrictions. EACH PARTY HAS CAREFULLY READ AND CONSIDERED THE PROVISIONS HEREIN AND AGREES THAT THE RESTRICTIONS SET FORTH ARE FAIR AND REASONABLE AND ARE REASONABLY REQUIRED FOR THE PROTECTION OF THE INTERESTS OF THE PARTIES AND THEIR BUSINESS, OFFICERS, DIRECTORS, AND EMPLOYEES.

11. Duration of this Agreement. This Agreement shall become effective upon execution and shall apply to all Confidential Information exchanged between the parties for a period of two (2) years commencing with the date of execution, or as long as the parties remain in a contractual relationship and/or a company is a member/supplier, whichever is longer. Except with respect to trade secrets, the confidentiality obligations set forth herein shall survive termination of this Agreement for a period of five (5) years from the date on which the Receiving Party last receives Confidential Information from the Disclosing Party or to the maximum extent allowable by applicable law if that is less than ten years. With respect to trade secrets, the confidentiality obligations of the Receiving Party shall continue until such Confidential Information is no longer a trade secret.

12. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all other communications, written or oral. This Agreement may not be released, discharged, or modified in any manner except in a writing signed by both parties.

13. Export of Technical Data. The Confidential Information is disclosed herein may be subject to the rules and regulations of the Directorate Defense Trade Controls, U.S. Department of State and/or the Bureau of Industry and Security,

U.S. Department of Commerce and may not be exported without a valid license or exemption therein. Prior to the export of any technical information, Company agrees that it will contact BFW and inquire as to the control status of the Confidential Information. Receiving Party expressly agrees that it will comply with such regulations in the export of any information received herein.

INTERNATIONAL USE OF THE SITE

Beer and Wine Federation. makes no representation that the Site (including Material provided on or available through the Site) is appropriate for or available to locations outside the United States of America.  Use of the Site from territories where it is illegal to do so is prohibited.  Use of the Site outside of the United States of America is at your own risk, and you are solely responsible for compliance with all local laws and regulations, including restrictions and controls on the importation of computer software or data, as well as all export control laws and regulations of the United States of America.

SITE SECURITY RULES

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing or attempting to access data not intended for your use or logging into an account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the Site or its network; or (iii) transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site.  Beer and Wine Federation. may investigate occurrences that it believes involve such violations and involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.

In the event that you inadvertently obtain access to information belonging to or intended for a third party through the Site, you agree: (i) not to produce a physical copy of such information, (ii) to disregard such information, and (iii) to immediately inform Beer and Wine Federation. of such inadvertent access, including all of the circumstances leading to and surrounding such access and any dissemination of such third party information beyond the Site and all steps taken by you or on your behalf to prevent the further dissemination of such third party information.

INDEMNITY

You agree to indemnify, defend and hold harmless Beer and Wine Federation., its officers, directors, employees, and agents, and its subsidiaries from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of this Agreement or any activity related to use of the Site (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.

WAIVER, RELEASE, AND LIMITATION OF LIABILITY

You agree that neither Beer and Wine Federation., nor its officers, directors, employees, or agents shall have any liability to you under any theory or liability or indemnity arising out of or relating to the use of the Site. You hereby release and forever waive any and all claims you may have against Beer and Wine Federation., its officers, directors, employees, and agents (including but not limited to claims based upon the negligence of Beer and Wine Federation., its officers, directors, employees, or agents) for losses or damages you sustain arising out of or relating to the use of the Site.

DISCLAIMER OF LIABILITY FOR SERVICE INTERRUPTION

Neither Beer and Wine Federation., nor any of its affiliates, directors, officers, employees, agents, or any provider or third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site or resulting from the act or omission of any other party involved in making the Site or the Material contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or Material, whether or not the circumstances giving rise to such cause may have been within the control of Beer and Wine Federation. or of any vendor providing software or services support.

RIGHT TO CHANGE OR DISCONTINUE THE SITE

Beer and Wine Federation. may change, suspend, or discontinue all or any portion or aspect of the Site at any time without notice, including the availability of any feature, database, content, or other Material contained on or accessed through the Site.  Beer and Wine Federation. may also impose limits on any feature to any or all parts of the Site without notice or liability.

MISCELLANEOUS

a. You agree that no joint venture, partnership, employment, or agency relationship exists between Beer and Wine Federation. and you as a result of this Agreement or your use of the Site.

b. Any cause of action or claim you may have with respect to Beer and Wine Federation. must be commenced within one (1) year after the claim or cause of action arises.

c. Beer and Wine Federation.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

d. Beer and Wine Federation. may assign its rights and duties under this Agreement to any party at any time without notice to you.

GOVERNING LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between Beer and Wine Federation. and you for any purpose concerning this Agreement or the party's obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Milwaukee County, Wisconsin, United States of America. In light of the nature of this Agreement, you understand and agree that monetary damages may be insufficient to rectify the breach and that, consequently, Beer and Wine Federation. will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you.

ENTIRE AGREEMENT

This Agreement comprises the full and final understanding between you and Beer and Wine Federation. and merges and supersedes any and all other agreements, understandings,

 or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of Beer and Wine Federation., and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

NOTICE TO YOU

Beer and Wine Federation. may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with Beer and Wine Federation.

CONTACTING US

To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please contact us at Beer and Wine Federation.

Attn: Web Solutions 2416 N 66th Street, Wauwatosa WI 53213