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Terms of Service

The Terms of Service and Subscriber Agreement has three main sections: the Subscriber Agreement Section, the Terms of Service Section, and the Acceptable Use Policy.  All three of these parts make up what is known the as the Subscriber Agreement and Terms of Service.

 

Subscriber Agreement Section

LAST UPDATED: November 13th, 2016

 

This Subscriber Agreement (the “Subscriber Agreement”) is between DashBrew, a Washington state LLC and the organization agreeing to these terms (“Customer”). This Subscriber Agreement governs Customer’s access to KegMetrics’s keg management service (the “Service”) and its associated applications and website.   For the remainder of this agreement we will refer to KegMetrics as both the organization and the service it offers.

 

By clicking “I Agree,” attaching this Subscriber Agreement to a purchase order or similar order form, or using the Service including Beta features as a paid or free subscriber, Customer agrees to the terms of this Subscriber Agreement. If an individual is entering into this Subscriber Agreement on behalf of an organization such organization shall be deemed the Customer here under and such individual hereby represents and warrants that he has the power and authority required to bind such organization to this Subscriber Agreement.

 

  1. The Service and Associated Software. Customer and users of the Service under Customer’s account (the “End Users”) may access and use the Services in accordance with this Subscriber Agreement. KegMetrics may update or modify the Services from time to time. If, in KegMetrics’s reasonable judgment, any such modification to the Service materially reduces the Service’s functionality, KegMetrics will inform Customer via the email address associated with Customer’s account no less than twenty (20) days prior to such change. We provide certain online software (the “Software”) for use in connection with the Service. This Software is updated automatically and requires a compatible browser and operating system. If such Software is designed for use on a mobile device, then a compatible mobile device and browser is required for use. The license being granted to Customer hereunder does not constitute a sale of the Software or any copy thereof, and as between KegMetrics and Customer, KegMetrics retains all right, title, and interest in the Software.
    1. KegMetrics will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of Customer Data that are designed to protect the integrity of Customer Data and to guard against the unauthorized or unlawful access to, use of or processing of such Customer Data. For purposes hereof, the term “Customer Data” shall mean the structured data and any files or attachments submitted to the Service by Customer, as well as the account and contact information submitted to the Service by Customer and its End Users
    2. KegMetrics will use reasonable efforts, consistent with standard industry practices, to ensure that the Service and Software do not contain any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or Software.
  2. Customer Obligations.
    1. Administration of Customer’s Account. Customer may specify administrators (“Administrator”) to manage its account. Administrators have the ability to access, monitor, use, export and disclose all Content (Customer created data such as measurements, statistics, emails, historical throughput and so on) posted by other Users. Customer is responsible for: (i) the selection of its Administrator; (ii) maintaining the confidentiality of passwords and Administrator accounts; (iii) managing access to Administrator accounts; and (iv) ensuring that each Administrator’s use of the Service complies with this Subscriber Agreement. KegMetrics shall not be held liable for any actions on the part of Customer’s Administrator(s).
    2. End User Conduct; Compliance. Customer is responsible for use of the Service by its End Users and for their compliance with KegMetrics’s Acceptable Use Policy. Customer is also responsible for providing any notice and obtaining any consents and authorizations necessary: (i) to allow the Administrator to access, monitor, use and disclose the content posted by the End Users on the Service; and (ii) to allow KegMetrics to provide the Administrator with access to such End User content. The Service is not authorized for use by persons under the age of 13 and Customer will ensure that it does not allow any person under 13 to use the Service. Customer will promptly notify KegMetrics if it becomes aware of any unauthorized access to Customer’s account or the Service.
    3. Restrictions. Customer will not: (i) rent, sell, resell or lease the Service to any third party; (ii) use the Service for any purpose where either the use or the failure of the Service might lead to personal injury, death or physical damage; or (ii) disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
    4. Suspension. KegMetrics may request that Customer suspend the account of any End User who: (i) violates this Subscriber Agreement or KegMetrics’s Acceptable Use Policy; or (ii) is using the Service in a manner that KegMetrics reasonably believes may cause a security risk, a disruption to others’ use of the Service, or liability for KegMetrics. If Customer fails to promptly suspend or terminate such End User’s account, KegMetrics reserves the right to do so.
  3. Customer’s Use of Third-Party Services, Hardware, or Labels. KegMetrics does not warrant or support any third-party service (e.g., a service that utilizes the KegMetrics API in connection with Customer’s use of the Service) and will not be responsible for any act or omission on the part of such third party or its service.  KEGMETRICS DOES NOT WARRANT ANY HARDWARE OR LABELS USED WITH KEGMETRICS, INCLUDING ANY HARDWARE PURCHASED THROUGH THE DASHBREW STORE (e.g. Scan guns or tablets).
  4. Intellectual Property Rights.
    1. Limited License to Use Customer Content. Customer hereby grants to KegMetrics a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display content submitted to the Service by the End Users (the “Customer Content”) for the limited purpose of (i) providing the Service and associated customer support to Customer; (ii) displaying the Customer Content to the End Users; and (iii) analyzing and improving the Service.
    2. Reservation of Rights. Except as expressly set forth herein, this Subscriber Agreement does not (i) grant KegMetrics any rights or interest in or to the Customer Content or any Customer Intellectual Property; or (ii) grant Customer any rights or interest in or to the Service or any KegMetrics Intellectual Property. For purposes hereof, the term “Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights.
    3. Use of Customer Suggestions. KegMetrics may incorporate into the Service any suggestions or feedback received from Customer without any obligation to Customer and any such modifications to the Service shall be the sole and exclusive property of KegMetrics. KegMetrics may also share and publish aggregate, anonymized data about the use of our Service by our customers.
    4. KegMetrics Customer List. KegMetrics may include Customer’s name in a list of KegMetrics’s Customers online and in print and electronic marketing materials.
  5. Fees and Payment. Fees are non-refundable except as required by law or as explicitly set forth herein. Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, Customer authorizes KegMetrics to charge such fees using Customer’s selected payment method. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.   BY DEFAULT, CUSTOMER ACCOUNTS ARE SET TO AUTO-RENEW AND KEGMETRICS MAY AUTOMATICALLY CHARGE CUSTOMER FOR SUCH RENEWAL ON OR AFTER THE RENEWAL DATE ASSOCIATED WITH CUSTOMER’S ACCOUNT UNLESS CUSTOMER HAS CANCELLED THE SERVICE PRIOR TO ITS RENEWAL DATE. KegMetrics may revise fee rates for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to Customer’s Service renewal date. Customer is responsible for providing complete and accurate billing information to KegMetrics. KegMetrics may suspend or terminate Customer’s use of the Service if fees become past due. Customer is responsible for all taxes (excluding taxes on KegMetrics’s net income) and KegMetrics will charge tax when required to do so by law.
    1. If Customer requires the use of a purchase order or purchase order number, Customer (a) must provide the purchase order number at the time of purchase; and (b) agrees that, except for any amendments to this Subscriber Agreement that are clearly marked as such on the face of the Purchase Order, any terms and conditions on a Customer purchase order that conflict with this Subscriber Agreement will not apply and are null and void.
    2. Term and Termination. This Subscriber Agreement will remain in effect until Customer terminates its subscription to the Service or until this Subscriber Agreement is otherwise terminated as provided for herein. Customer may terminate this Subscriber Agreement at any time. In addition, either party may terminate this Subscriber Agreement if: (a) the other party is in material breach and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In the event that this Subscriber Agreement is terminated, (i) the rights granted to Customer pursuant to this Subscriber Agreement (except as specifically set forth in this section) will cease immediately; and (ii) any premium features provided to Customer will cease to be provided. The following sections will survive expiration or termination of this Subscriber Agreement: Sections 4(b) and (c), 6-9, and 11.
  6. Confidentiality.During the course of their performance under this Subscriber Agreement, each party may make available to the other party information that is not generally known to the public and at time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information shall include, but shall not be limited to: business plans, strategies, forecasts, projects and analyses; financial information and fee structures; business processes, methods and models; employee, customer and supplier information; sales and marketing information. With respect to the Customer, Confidential Information also includes the Customer Content.
    1. Obligations. Except as otherwise expressly permitted under this Services Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. KegMetrics may disclose Customer’s Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing KegMetrics’s obligations under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Customer may disclose KegMetrics’s Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement.
    2. Exclusions. The obligations set forth in Section 7(b) above shall not apply to any Confidential Information that the receiving party can demonstrate: (i) the receiving party possessed, without any obligation of confidentiality, prior to disclosure by the disclosing party; (ii) is or becomes publicly available without breach of this Agreement by the receiving party; (iii) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (iv) is or was received by the receiving party from a third party that does not have an obligation of confidentiality to the disclosing party or its affiliates. Either party may disclose the terms of this Agreement to potential parties to an acquisition or similar transaction to facilitate due diligence and closing of the transaction, provided that potential party is subject to written non-disclosure obligations and limitations on use only for the prospected transaction. The receiving party may disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding, provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures.
  7. Indemnification.
    1. By Customer. Customer hereby agrees to indemnify, defend and hold harmless KegMetrics, its licensees and licensors, and their respective employees, contractors, agents, officers and directors (together, the “KegMetrics Affiliates”), from and against any and all liabilities, damages, obligations, losses, costs and expenses (including but not limited to reasonable attorney’s fees) (together, the “Losses”) arising from or as a result of any claim by a third party against KegMetrics or the KegMetrics Affiliates regarding: (i) use of or access to the Service by Customer or its End Users in violation of this Subscriber Agreement; or (ii) any data or Customer Content transmitted or received through Customer’s account.
    2. By KegMetrics. KegMetrics hereby agrees to indemnify, defend and hold harmless Customer and its employees, contractors, agents, officers and directors (together the “Customer Affiliates”), from and against any and all Losses arising from or as a result of any claim by a third party against Customer or the Customer Affiliates to the extent based on an allegation that the Service or KegMetrics’s technology used to provide the Service infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will KegMetrics have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by KegMetrics; (ii) use of any third party app developed using KegMetrics’s API; or (iii) any content, information, or data provided by Customer, End Users, or other third parties. THIS INDEMNITY IS CUSTOMER’S ONLY REMEDY UNDER THIS SUBSCRIBER AGREEMENT FOR ANY VIOLATION BY KEGMETRICS OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
  8. Infringement Claims. If the Service becomes, or in KegMetrics’s reasonable judgment is likely to become, the subject of a claim of infringement, then KegMetrics may: (i) obtain the right, at KegMetrics’s expense, for Customer to continue using the Service; (ii) provide a non-infringing functionally equivalent replacement; (iii) modify the Service so that it is no longer infringing. If KegMetrics, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then KegMetrics may suspend or terminate Customer’s use of the Service and provide Customer with a pro rata refund of prepaid fees.
    1. Process. The party seeking indemnification will provide prompt notice concerning the existence of an indemnifiable claim and cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a party’s right to indemnification and shall affect the indemnifying party’s obligations hereunder only to the extent that the indemnifying party’s rights are materially prejudiced by such failure or delay. The indemnifying party will have full control and authority over the defense of any claim; provided, however, that: (i) the indemnified party may join in the defense at its own expense using counsel of its choice; and (ii) any settlement requiring the party seeking indemnification to admit liability or make any financial payment will require such party’s prior written consent, not to be unreasonably withheld or delayed.
  9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CONNECTION WITH THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE UNDER THIS SUBSCRIBER AGREEMENT FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; OR (II) LOSS OF USE, DATA, BUSINESS REVENUES, PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), GOODWILL, OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL KEGMETRICS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL KEGMETRICS BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO KEGMETRICS HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  10. Hosting of the Service; Export Restrictions. The Service is controlled and operated from facilities in the United States. KegMetrics makes no representations that the Service is appropriate or available for use in other locations. Customers who access or use the Service from other jurisdictions (or who allow their End Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If Customer is located outside of the United States, Customer agrees that KegMetrics may transfer, store and process Customer Content in locations other than Customer’s country. KegMetrics will comply with the U.S. – E.U. Safe Harbor Framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland.
    1. The export and re-export of Content via the Service may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The Service may not be used in any country that is subject to an embargo by the United States and Customer may not use the Service in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, Customer must ensure that the Service is not made available for use by persons or entities blocked or denied by the United States government.
  11. Miscellaneous.
    1. Modifications. KegMetrics may revise this Subscriber Agreement from time to time by posting the modified version on its website at least twenty (20) business days prior to the effective date of the modifications being made; provided, however, that no such modification shall include a reduction in Customer’s rights or KegMetrics’s obligations unless affirmatively agreed to by Customer in advance. If, in KegMetrics’s sole and reasonable discretion, the modifications being proposed are material, KegMetrics will notify Customer of such proposed modifications via email to the email address associated with Customer’s account. By continuing to access or use the Service after the posted effective date of modifications to this Subscriber Agreement that do not include a reduction in Customer’s rights or KegMetrics’s obligations hereunder, Customer agrees to be bound by such modifications.
    2. Governing Law; Dispute Resolution. This Subscriber Agreement will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under it Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Washington State. Notwithstanding these arbitration provisions, either party may bring suit in the federal or state courts located in Washington State solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights and both KegMetrics and Customer agree to personal jurisdiction there. All disputes will be resolved on an individual basis and customer may not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrators are not allowed under this Subscriber Agreement.
    3. Relationship of the Parties. The parties are and shall be independent contractors with respect to all services provided under this Subscriber Agreement.
    4. Force Majeure. Except for payment obligations, neither KegMetrics nor Customer will be liable for inadequate performance to the extent caused by a condition that is beyond the party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions and interruption or failure of the Internet or any utility service.
    5. Assignment. Neither this Subscriber Agreement nor any of the rights and licenses granted hereunder, may be transferred or assigned by either party without the other party’s express written consent; provided, however, that either party may assign this Subscriber Agreement without the other party’s consent to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Subscriber Agreement will be null and void.
    6. Entire Agreement. This Subscriber Agreement, together with any Customer purchase order or order form associated herewith (as limited by Section 6), constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter hereof. If a court of competent jurisdiction deems any provision of this Subscriber Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions hereof, which shall remain in full force and effect.
    7. No Waiver. No waiver of any term of this Subscriber Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Subscriber Agreement shall not constitute a waiver of such right or provision.
  12. Government Agencies: If you are a U.S. Government agency utilizing KegMetrics’s Service in an official capacity, your use of the Service shall be subject to this Subscriber Agreement and you must notify KegMetrics immediately via email at support@kegmetrics.com so that we can verify we are in compliance with certain rules and restrictions that adhere only to government agencies.

For questions about these or any KegMetrics terms or policies, email us at support@kegmetrics.com.

 

Terms of Service

LAST UPDATED: November 13th, 2016

 

These Terms of Service (“Terms“) govern your use of the free services, software and websites (the “Service”) provided by DashBrew LLC (“DashBrew”) and KegMetrics.com (“KegMetrics”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization. If you become a paid subscriber to KegMetrics’s Service, then your use of the Service will be governed by our Subscriber Agreement.

Your Content

The Service allows you to create customer databases, keg usage statistics, beer batch names, and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.

We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for KegMetrics.

Your Obligations

  • You must provide accurate information when you create your KegMetrics account.
  • You are responsible for safeguarding the password and for all activities that occur under your account. You should notify KegMetrics immediately if you become aware of any breach of security or unauthorized use of your account.
  • You are responsible for configuring the publicly viewable information (eg. “Digital Keg Collar”) to display what you wish to display.
  • You must comply with our Acceptable Use Policy at all times when using the Service.
  • You may never use another user’s account without permission.
  • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
  • Our Service is not intended for use by persons under the age of 13. By using the Service you are representing to us that you are over the age of 13.

Your Use of KegMetrics Software

As part of the Service, we provide online web application software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between KegMetrics and You, KegMetrics retains all right, title and interest in the Software.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as yourname@youremployer.com or yourname@nonprofit.org) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.

Your Use of Third Party Applications

If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policy.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

KegMetrics’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes KegMetrics’s intellectual property and will remain the exclusive property of KegMetrics and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

KegMetrics respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless KegMetrics and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KEGMETRICS IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION, HARDWARE, LABELS, OR SERVICE THAT PROVIDES ACCESS TO OR IS USED IN CONJUNCTION WITH OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING KEGMETRICS’S API, SCAN GUNS, LABELS).

The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KEGMETRICS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT KEGMETRICS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. KEGMETRICS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO KEGMETRICS IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

Dispute Resolution

*Informal Efforts – *You agree that prior to filing any claim against KegMetrics relating to or arising out of these Terms you will first contact us at support@kegmetrics.com to provide us with an effort to resolve the issue in an informal manner.

Arbitration – If such dispute is not resolved to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).

*Arbitration Procedures and Fees- *The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in the United States county where you live or work, in Washington State, or in any other location we agree to. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate – Either you or KegMetrics may assert a claim, if it qualifies, in small claims court in Washington State or any United States county where you live or work. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.

No Class Actions – ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forum – In the event that the agreement to arbitrate is found not to apply to your claim, then you and KegMetrics agree that any judicial proceedings will be brought in the federal or state courts in Washington State and both parties consent to venue and personal jurisdiction there.

Governing Law

These Terms will be governed by the laws of the State of Washinton, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Data Transfer

In connection with providing you the Service KegMetrics may transfer, store and process your Content in the U.S. or in any other country in which KegMetrics or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and KegMetrics concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. KegMetrics’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via our blog.

For questions about these or any KegMetrics terms or policies, email us at support@kegmetrics.com

 

Acceptable Use Policy

LAST UPDATED: July 29th, 2016

 

All users of the KegMetrics Service are expected to comply with this Acceptable Use Policy. Failure to do so may result in suspension or termination of your account. If you have agreed to KegMetrics’s Terms of Service or Subscriber Agreement on behalf of your organization, then this Acceptable Use Policy will apply to all users of the Service under your account (the “End Users”).

Acceptable Use of the Service

  • No Misuse of the Service. You agree not to misuse the Service. For example, you may not:
      • use the Service for any unlawful purpose or for promotion of illegal activities;
      • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
      • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
      • send unsolicited communications, promotions advertisements, or spam;
      • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
      • access, tamper with, or use non-public areas of the Service, KegMetrics’s computer systems, or the technical delivery systems of KegMetrics’s providers;
      • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
      • access or search the Services by any means other than KegMetrics’s publicly supported interfaces (for example, “scraping”);
      • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
      • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or
      • promote or advertise products or services other than your own without appropriate authorization.
    • Content Standards. You may not post any Content on the Service that:
      • May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property;
      • violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity;
      • is defamatory, libelous or threatening or that constitutes hate speech; or
      • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

For questions about these or any KegMetrics terms or policies, email us support@kegemtrics.com