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Terms of Use

Last Updated: March 3, 2025

These Terms of Use, together with our Privacy Policy, and any other legal notices, terms, and policies expressly incorporated herein (collectively, our “Terms of Use”), are a binding agreement between you and The Gambrinus Company, and its affiliates, including Spoetzl Brewery, Inc., and Comeback Brewing II, Inc. (“we,” “us,” or “Company”).  By accessing, visiting, or otherwise using (collectively, “interacting”) the websites https://www.gambrinus.com, https://shiner.com, https://shiner-merch.square.site/, https://www.trumerusa.com, and http://www.txspecial.com (our “Websites”) you are agreeing to our Terms of Use.  Our Websites are collectively referred to herein as our “Services”.

Please read our Terms of Use carefully before you start interacting with our Services.  By using our Services, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to our Terms of Use, you must not interact with our Services.  

COMPLIANCE WITH OUR TERMS OF USE

You (“User”) agree to use our Services only in accordance with these Terms of Use.  Please read and save all of these Terms of Use.  If you do not agree with the Terms of Use, do not use our Services or any of its features.  

Eligibility

Our Services are offered and available to Users who are 21 years of age or older in the United States.  By using our Services, you represent and warrant that you are 21 years of age or older.  If you do not meet this requirement, you are not permitted to access or use our Services.

Changes to Our Terms of Use

We may revise and update our Terms of Use from time to time at our sole discretion.  All changes are effective immediately when posted and apply to all access and use of our Services thereafter.  Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check our Terms of Use frequently, so you are aware of any changes, as they are binding on you.  If you are dissatisfied with our Services, the content of our Services, or any terms and conditions herein (including as modified), you agree that your sole and exclusive remedy is to discontinue using our Services.

ACCESSING THE WEBSITE 

We reserve the right to withdraw or amend our Services at our sole discretion without notice.  We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period.  From time to time, we may restrict access to some parts or all of our Services to Users.

You agree that all information you provide, including, but not limited to, through the use of any interactive features on our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your Use of Our Services

You agree not to use our Services for any unlawful purpose.  You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer our Services or any portion thereof or use it in any manner not expressly authorized by these Terms of Use.  You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of our Services.  Tampering with our Services or any of the features or content available on our Services, misrepresenting the identity or age of a User, or conducting fraudulent activities on our Services are prohibited.

Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Use.  You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors (defined, for purposes of these Terms of Use, as children under the age of 18) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or Users of our Services, or expose them to liability.

Additionally, you agree not to:

  • Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services.
  • Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.
  • Use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of our Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services is stored, or any server, computer, or database connected to our Services.
  • Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of our Services.

INTELLECTUAL PROPERTY RIGHTS

Our Services and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

Our Company names, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You shall not use such marks without our prior written permission.  All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners. 

LINKS FROM THE WEBSITE

If our Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMERS

We take no responsibility for third party advertisements, applications, or content that are posted on or through our Services, nor do we take any responsibility for the goods or services provided by our advertisers.  We are not responsible for the conduct, whether online or offline, of any User of our Services.  By voluntarily uploading information, including any sensitive or personal information you choose to disclosure, in our online forms, you acknowledge and agree that you do so at your own risk.  We disclaim any responsibility for disclosures arising from such voluntary submissions, and you are solely responsible for the content you choose to share on our forms.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication.  We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of our Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from use of our Services. The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our Services or from the conduct of any Users, whether online or offline.  Additionally, we shall have no liability for any viruses or anything beyond our control.  We are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your use of our Services.  We will not be liable to you if you are unable to access information through our Services.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain limitations or exclusions in these Terms of Use may not apply to you.

Our Services are provided “AS-IS” and as available.  We expressly disclaim any warranty of fitness for a particular purpose or non-infringement.  We cannot guarantee and do not promise any specific results from use of our Services.

LIMITATION OF OUR LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.  IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

INDEMNIFICATION

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of our Services in violation of the Terms of Use, and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth in the Terms of Use, and/or arising out of or relating to any content that you post or third party transaction that you enter or attempt to enter in connection with our Services.

GOVERNING LAW AND JURISDICTION 

These Terms of Use will be construed, and their performance enforced, under the laws of Texas without reference to choice of law principles.  Any dispute relating to these Terms of Use or our Services may be litigated only in a court having jurisdiction and venue in Bexar County, Texas, for state court causes of action and in the District of Texas for federal court causes of action.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.  We may assign the Terms of Use, in whole or in part, to a related entity or to a third party. 

EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER (COLLECTIVELY, “CLAIMS”).  EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  ANY CLAIMS YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Arbitration

At Company’s sole discretion, it may require you to submit any Claims arising from these Terms of Use or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Waiver and Severability

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

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

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites. 

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to our Services should be directed to [email protected].