Last Revised: September 15, 2018
This Picobrew End User Agreement ("Agreement") is the legal agreement between you (the "User") and Picobrew, Inc. ("Picobrew") governing the User's use of the the www.picobrew.com platform (the "Web Platform"). By establishing an account at www.picobrew.com (a "Picobrew Account") the User is agreeing to be bound by the terms and conditions of this Agreement. If the User does not agree to these terms and conditions, the User is not granted any right to log in with a Picobrew Account or otherwise interact with the software and service.
The User may not use the www.picobrew.com Web Platform for any illegal purpose. Copying or redistribution of the Web Platform is strictly prohibited. Except as expressly provided under this Agreement, the User does not acquire any intellectual property or other proprietary rights in or to the Web Platform, including without limitation, any rights in patents, inventions, improvements, designs, trademarks, or copyrights, nor do you acquire any rights in any confidential information or trade-secrets. All rights not expressly granted to the User in this Agreement are reserved by Picobrew or its third party licensors. The User may not remove or alter any trademark, logo, copyright or other proprietary notice in the Web Platform.
The Web Platform Software is proprietary to Picobrew or its third party licensors. Subject to the terms of this Agreement, Picobrew grants the User a nonexclusive, nontransferable license to use the Web Platform software.
Picobrew may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Web Platform ("Platform Updates"). Picobrew may install Platform Updates automatically at any time and without notice to, or the consent of, User. The User may or may not lose access to features or data as a result.
Our Privacy Policy, available at www.picobrew.com/privacy, explains our policies regarding Picobrew's collection, use, and disclosure of the User's personally identifiable and anonymous information, including the collection and provision of such information on behalf of Content Providers. The User should review our Privacy Policy before using a Picobrew Account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE WEB PLATFORM, AND ANY SERVICES PERFORMED OR PROVIDED BY THE FOREGOING, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY, OF QUIET ENJOYMENT, OF QUIET POSSESSION, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OR REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PICOBREW DOES NOT WARRANT (1) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB PLATFORM, OR ANY SEPARATELY LICENSED CODE, (2) THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR (4) THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTE BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY RELATING TO OR ARISING FROM YOUR USE OF THE WEB PLATFORM, AND ANY SERVICES PERFORMED OR PROVIDED BY US FOR: (A) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (C) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (D) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.
User agrees that Picobrew, or a third party contracted by Picobrew, may collect and use technical and usage data and related information (including, but not limited to, information about the User's devices that connect to www.picobrew.com, system, software, and peripherals) that is gathered periodically to facilitate the provision of updates, product support and other services (if any) to the User. Picobrew may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
The User agrees to comply with export controls under the laws and regulations of the United States, including those of the U.S. Departments of State, Commerce, and the Treasury, and any other applicable countries' laws and regulations. The User agrees not to download any Content or Software, nor otherwise export, re-export, or transfer a Device or related technology into (or to a national or resident of) any country as to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Web Platform the User is representing and warranting that the User is not located in, under the control of, or a national or resident of any such country or on any such list.
The policies and other content of the Picobrew web pages and Web Platform referred to in this Agreement may be changed by Picobrew from time to time in its sole discretion. Access to the Web Platform is also subject to Terms of Service, as posted on www.picobrew.com, and to which the User agrees by registering a Picobrew Account and accessing the Web Platform.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States, without regard to conflicts of law principles.
BY ENTERING INTO THESE TERMS OF SERVICE, YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, AND SHALL, EXCEPT AS PROVIDED IN THIS PROVISION, SUBMIT ANY AND ALL CLAIMS OR DISPUTES TO MEDIATION AND BINDING ARBITRATION. IF YOU DO NOT WISH TO BE BOUND TO ARBITRATION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THESE TERMS OF SERVICE, OR AS REQUIRED BY APPLICABLE LAW.
You agree that you shall submit any claim, cause of action, or dispute you have with us arising out of or relating to these Terms of Service or your access to the Website exclusively to Judicial Dispute Resolution, Inc. ("JDR") in Seattle, Washington for non-binding mediation. If complete agreement cannot be reached within ten (10) days of submission to mediation, the remaining unresolved issues shall be submitted upon the demand of either party to JDR in Seattle, Washington for final and binding arbitration by a single arbitrator pursuant to JDR's rules and procedures. In that event, the parties will use their best efforts to agree to the selection of the arbitrator. If the parties cannot so agree, then (i) they will request JDR to supply them with a list of five (5) arbitrators; (ii) each party will have the right to strike two (2) names from the list; and (iii) the remaining arbitrator will decide the dispute.
Notwithstanding the terms of this provision, either of us may: (i) bring an action in small claims court; (ii) seek a preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction; (iii) bring issues to the attention of federal, state, or local agencies, which may seek relief against us on your behalf; or (iv) seek injunctive or other equitable relief to protect trade secrets and intellectual property rights or to prevent loss or damage to services in any court with competent jurisdiction.
This Agreement is the final, complete and exclusive agreement between the User and Picobrew relating to the Web Platform, and supersedes all prior or contemporaneous proposals, advertisements, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modification of the Agreement will be valid unless signed by both Picobrew and the User. The User's right to use the Web Platform will immediately terminate upon the User's breach of any applicable provision of this Agreement. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
Should the User have any question about this Agreement, or if the User desires to contact Picobrew, please contact us by email at info@picobrew.com. Copyright © 2018 Picobrew, Inc. All rights reserved. Picobrew® is a registered trademark of Picobrew, Inc.