Last Updated On: August 24, 2018
SCOPE OF SERVICES
The Brew-Ez Platform allows registered users ("Users") to engage in a loyalty rewards program with Brew-Ez partner Merchants.
You must be at least 21 years old and able to enter into legally binding contracts to access and use the Brew-Ez Platform or register a Brew-Ez account ("Account"). By accessing or using the Brew-Ez Platform you represent and warrant that you are 21 or older and have the legal capacity and authority to enter into a contract. If you are not 21 years of age you are no permitted to use the Brew-ez Platform.
LEGAL USE ONLY
You may use the Brew-Ez Platform only for lawful purposes within the stated context of Brew-Ez"s intended and acceptable use of the Brew-Ez Platform. Brew-Ez is the sole interpreter of the Brew-Ez Platform"s intended and acceptable use. You agree to comply with all applicable laws, rules, and regulations in connection with your access and use of the Platform.
Brew-Ez may revise these Terms at any time by updating this page. Changes will be binding on you on the date they are posted on the Brew-Ez Platform (or as otherwise stated in the notice of such changes). Any use of the Brew-Ez Platform will be considered acceptance by you of the then current Terms contained on the Brew-Ez Platform. If at any time you find the Terms unacceptable, you may not use the Brew-Ez Platform any longer. Any new or different terms supplied by you are specifically rejected by Brew-Ez unless Brew-Ez agrees to them in a signed writing specifically including those new or different terms. Brew-Ez may change the Platform at any time.
You must register a Brew-Ez account ("Account") to access and use certain features of the Brew-Ez Platform. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current, and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times. You may not register more than 1 Account unless Brew-Ez authorizes you to do so. You may not assign or otherwise transfer your Account to another party.By registering for an Account, you agree to pay the fees (if any) designated for the subscription plan ("Subscription") you selected.
You are responsible for maintaining the confidentiality and security of your Account credentials, and may not disclose your credentials to any third party. You must immediately notify Brew-Ez if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Brew-Ez cares about the integrity and security of your information. However, we cannot guarantee that unauthorized third parties will never be able to defeat the Brew-Ez Platform's security measures or use any information you provide to us for improper purposes. You acknowledge that you provide your information at your own risk.
CONTENT: INTELLECTUAL PROPERTY
Brew-Ez may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, images, or other materials and information on or through the Brew-Ez Platform ("User Content"); and (ii) access and view User Content and any content that Brew-Ez itself makes available on or through the Brew-Ez Platform, including proprietary Brew-Ez content and any content licensed or authorized for use by or through Brew-Ez from a third party ("Brew-Ez Content" and together with User Content, "Collective Content").
The Brew-Ez Platform, Brew-Ez Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Brew-Ez Platform and Brew-Ez Content, including all associated intellectual property rights, are the exclusive property of Brew-Ez and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Brew-Ez Platform, Brew-Ez Content, or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Brew-Ez used on or in connection with the Brew-Ez Platform and Brew-Ez Content are trademarks or registered trademarks of Brew-Ez in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Brew-ez Platform, Brew- ez Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Brew- Ez Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brew- Ezor its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Brew-Ez grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Brew-Ez Platform and accessible to you, solely for your personal and non- commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Brew-Ez Platform, you grant to Brew-Ez a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub- licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Brew-Ez Platform, in any media or platform. Unless you provide specific consent, Brew-Ez does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the Brew- Ez Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Brew-Ez Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Brew-Ez the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Brew-Ez's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities or substances. Brew-Ez may, without prior notice, remove or disable access to any User Content that Brew-Ez finds to be in violation of these Terms or Brew-Ez"s then-current policies, or otherwise may be harmful or objectionable to Brew-Ez, its Users, third parties, or property.
Subscriptions are offered under monthly plans. If you purchase a Subscription you agree to pay all fees and taxes stated for your selected Subscription. Some Subscriptions may have differing conditions, which will be disclosed when you selectyour Subscription or in other Brew-Ez communications. You can find specific details about your Subscription by visiting your online account.You may cancel your Subscription at any time, and you will continue to have access to the Subscription through the end of your billing period. Brew-ez does not provide refunds or credits for any partial-month periods.UNLESS YOU NOTIFY US BEFORE A SCHEDULED CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZEUS (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE(S) AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
FEES, BILLING, AND PAYMENT
CANCELLING YOUR SUBSCRIPTION
If you'd like to cancel your Subscription, you may do so via your user profile page and accessing your settings. We reserve the right to keep any information in a closed account in our archives that we deem necessary to comply with our legal or regulatory obligations, resolve disputes, and enforce our agreements.
In addition to any other rights at law or in equity, Brew-Ez may immediately suspend the delivery of Services to you and access to the Brew-Ez Platform if you (i) fail to make payment for Subscriptions or Services when due or (ii) violate these Terms or misuse the Brew-Ez Platform in any way. If Brew-Ez suspends Services as provided above, you agree to pay Brew-Ez for all Services and Subscriptions rendered through and including the date of termination.
MERCHANT USER AGE VERIFICATION
User age verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User"s age. It is the responsibility of each Merchant to confirm that a User is 21 years of age or older before serving alcohol to any User.
All payments to Brew-Ez must be made using means of payment that we may approve from time to time. Brew-Ez may use third party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Brew-Ez may give such instructions on your behalf in accordance with your requests as submitted on the Platform. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP's terms and conditions then these Terms shall prevail.
RATINGS AND REVIEWS
Users can leave a public review ("Review") and submit a star rating ("Rating") for Merchants and the specific beverages served by a Merchant. Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Brew-Ez. Ratings and Reviews are not verified by Brew-ez for accuracy and may be incorrect or misleading. Ratings and Reviews by Users must be fair, truthful, and factual and may not contain any offensive or defamatory language, or be used to violate any laws. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about a Merchant or beverage. At its sole discretion, Brew- Ez may, but is not required to, remove reviews from the Brew-Ez Platform.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Brew-Ez Platform. In connection with your use of the Brew-Ez Platform, you will not and will not assist or enable others to:
You acknowledge that Brew-Ez has no obligation to monitor the access to or use of the Brew-Ez Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Brew-Ez Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users" compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Brew-Ez in good faith, and to provide Brew-Ez with such information and take such actions as may be reasonably requested by Brew-Ez with respect to any investigation undertaken by Brew-Ez or a representative of Brew-Ez regarding the use or abuse of the Brew-Ez Platform.
LINKS TO OTHER WEBSITES AND RESOURCES
The Brew-Ez Platform may contain links to third-party websites or resources. You acknowledge and agree that Brew-Ez is not responsible or liable for: (a) the availability or accuracy of such websites or resources or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Brew-Ez of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We reserve the right to view, monitor, and record any and all activity that occurs on the Brew-Ez Platform.
We reserve the right to change and/or discontinue any or all of the Brew-Ez Platform at any time and for any reason. We also reserve the right to deny you access to the Brew-Ez Platform.
You agree that no joint venture, partnership, employment, or agency relationship exists between Brew-Ez and you as a result of these Terms or your use of the Plaform.
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
We have no obligation to check whether Users are using the Brew-Ez Platform in accordance with these Terms or any other agreement. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Brew-Ez Platform for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE BREW-EZ PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BREW-EZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE BREW-EZ PLATFORM, OR ON ANY WEBSITE OR WEBSITES LINKED TO THE BREW-EZ PLATFORM. BREW-EZ MAKES NO WARRANTY THAT THE BREW-EZ PLATFORM AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BREW-EZ OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BREW-EZ PLATFORM OR OUR SERVICES OR YOUR INABILITY TO USE THE BREW-EZ PLATFORM, OUR SERVICES, BREW-EZ COLLECTIVE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE BREW-EZ PLATFORM, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, THE BREW-EZ PLATFORM, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE BREW-EZ PLATFORM AND OUR SERVICES.
AMENDMENTS, SEVERABILITY, WAIVER, AND CONFLICT
No modification of these Terms will be binding unless set forth in a writing signed by authorized representatives of both Brew-Ez and you. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. All rights and remedies under these Terms are cumulative. Provisions of these Terms which by their nature would apply after termination will survive termination. The waiver of a breach of any provision under these Terms by any party will not be deemed to be a waiver of any preceding or subsequent breach, nor will any waiver constitute a continuing waiver. In the event a conflict exists between any of the terms of a signed Merchant Agreement and these Terms, then the terms stated in the Merchant Agreement will prevail to the extent of that inconsistency.
ARBITRATION & CLASS ACTION WAIVER
EXCEPT AS PROHIBITED BY LAW, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS, OR TO ANY SERVICES SOLD BY BREW- EZ OR THROUGH THE BREW-EZ PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:Brew-Ez Legal at 79 Falcon Hills Dr., Highlands Ranch CO, 80126 The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Denver, Colorado or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide the following information to our DMCA Agent.
Please provide this information to Brew-Ez"s DMCA Agent, who can be reached as follows:
Margaret Meszaros Agent
C/O Brewezy, LLC
79 Falcon Hills Dr., Highlands Ranch CO, 80126
To contact Brew-ez with any questions or concerns in connection with these Terms or the Platform, or to provide any notice under these Terms, please email us at legal@Brew-ez.com or write to us at Brew-ez, LLC 79 Falcon Hills Dr., Highlands Ranch CO, 80126.
These Terms and any applicable Merchant Agreements represent the entire understanding between Brew-ez and you in relation to the matters here in and supersedes all previous agreements whether oral or written made between you and Brew-ez in relation to the subject matter hereof.