Welcome to DraughtLab!
These DraughtLab Authorized User Terms of Service (the "Authorized User Terms") describe your rights and responsibilities when using Our online tools and mobile applications (the "Services"). You should read the entire Authorized User Terms carefully before accessing, downloading, and/or using the Service. Even though you are signing onto an existing digital space created by a Customer (defined below), these Authorized User Terms apply to you as a user of the Services. In these Authorized User Terms the digital space created by a Customer is referred to as an "Organization". "We", "our" and "us" refers to DraughtLab, LLC.
The Authorized User Terms that follow Are a Legally Binding Contract
The Authorized User Terms that follow are a legally a binding contract between you and Us. As part of these Authorized User Terms, you agree to comply with the most recent version of Our DraughtLab Acceptable Use Policy (the "Acceptable Use Policy"), which is incorporated by reference into these Authorized User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to these Authorized User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by these Authorized User Terms and the Acceptable Use Policy, as changed from time to time.
You are an Authorized User in an Organization Controlled by a "Customer"
In these Authorized User Terms, We refer to the group (company, society, association or other third-party) who invited you to an Organization as the "Customer". If you are joining your employer's Organization, for example, the Customer is your employer. If you are joining an Organization created by your friend to work on her new startup brewery, she is Our Customer and she is authorizing you to join her Organization.
What This Means
The Customer has separately agreed to Our Customer Terms of Service or entered into a written agreement with Us (in either case, the "Contract") that permitted the Customer to create and configure an Organization so that you and others may join. Each invitee granted access to the Services and Organization, including you, is an "Authorized User". The Contract contains Our commitment to deliver the Services to the Customer and the Authorized Users who join its Organization. When an Authorized User (including, you) submits content or information to the Services, such as tasting or event data, images, photos, messages, reviews, folders, data, text and other types of works ("Customer Content"), you acknowledge and agree that the Customer Content is owned by Customer and the Contract provides the Customer with many choices and control over that Customer Content. For example, the Customer may allow or revoke access to the Services and manage permissions, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Content.
The Relationship Between You, the Customer and Us
AS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER CONTENT; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER CONTENT AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER CONTENT UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER CONTENT, THE SERVICES OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
You Must be Over the Legal Age
The Services are not intended for, and should not be accessed or used by, anyone under the age of sixteen (16). For Services that may involve the consumption of alcohol by an Authorized User, you must be of legal age to consume alcohol in the jurisdiction in which the consumption occurs and the Customer must ensure that all its Authorized Users who use the Organization, or use that part of an Organization in which such Services are offered, are of legal age. You represent that you are over the legal age and are the intended recipient of the Customer's invitation to the Services. You may not access or use the Services for any purpose if any of the preceding representations are not true.
While You Are Here, You Must Follow the Rules
To help ensure a safe and productive work environment, all Authorized Users must comply with Our Acceptable Use Policy and any applicable policies established by the Customer. If you see inappropriate behavior or content, please report it to the Customer or your employer.
You Are Here At the Pleasure of Customer (and Us)
These Authorized User Terms remain effective until the Customer's subscription for the Organization expires or terminates, or your access to the Services has been terminated by the Customer or Us. Please contact the Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these Authorized User Terms or the Acceptable Use Policy.
If We believe that there is a violation of the Contract, Authorized User Terms, the Acceptable Use Policy, or any of Our other policies that can be remedied by the removal of certain Customer Content or taking other action, We will, typically, ask the Customer to take action rather than intervene. However, We may directly step in and take what We determine to be appropriate action (including disabling your account) if the Customer does not take appropriate action or We believe there is a credible risk of harm to Us, the Services, Authorized Users, or any third-parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE AUTHORIZED USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THESE AUTHORIZED USER TERMS IS ONE HUNDRED DOLLARS IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY'S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
To the maximum extent permitted by law, you hereby acknowledge and agree that Our liability is limited (at Our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of pre-paid fees for their subscription covering the remainder of the term.
Application of Consumer Law
The Services are organization tools intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these Authorized User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, but only to the extent such right(s) are otherwise provided to you under applicable consumer law(s), and Our liability is limited (at Our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of pre-paid fees for their subscription covering the remainder of the term.
The sections titled "The Relationship Between You, the Customer and Us," "Limitation of Liability," and "Survival," and all of the provisions under the general heading "General Provisions" will survive any termination or expiration of the Authorized User Terms.
You acknowledge and agree that all content presented in the Services, excluding Customer Content, are protected by copyrights, trademarks, patents or other proprietary rights owed by Us, Our suppliers and/or other third-parties with whom Customer and its Authorized Users may come in contact. DraughtLab and the names, logos, and icons of all Our products, software, and the Services may be either trademarks or registered trademarks of DraughtLab, LLC. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Contract are reserved.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third-party is infringing that material on or through Our Service, please follow the instructions in Our DraughtLab Intellectual Property Policy.
Email and In Service Messages
Except as otherwise set forth herein, all notices under the Contract will be by email or We may instead choose to provide notice to the Customer by messaging through the Services. Notices to Us must be sent to email@example.com. Notices will be deemed to have been duly given (a) the next business day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
As Our business evolves, We may change these Authorized User Terms or the Acceptable Use Policy. If We make a material change to these Authorized User Terms or the Acceptable Use Policy, We will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of these Authorized User Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in these Authorized User Terms. Any material revisions to these Authorized User Terms will become effective on the date set forth in Our notice and all other changes will become effective on the date We publish the change. If you use the Services after the effective date of any change, that use will constitute your acceptance of the revised terms and conditions.
No failure or delay by either party in exercising any right under these Authorized User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under these Authorized User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
These Authorized User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of these Authorized User Terms is held by a court of competent jurisdiction to be contrary to law, the provision may be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Authorized User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these Authorized User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without Our prior written consent, which consent will not be unreasonably withheld. We may assign these Authorized User Terms in their entirety, including all terms and conditions incorporated herein by reference, without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Our assets.
Governing Law; Venue; Fees
These Authorized User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Authorized User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement.
Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce or interpret rights under then Authorized User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.
Please also feel free to contact Us if you have any questions about Our Authorized User Terms. You may contact Us at firstname.lastname@example.org or at Our mailing address below:
PO Box 585
Webster, NY 14580-0585