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BrewPlanner™ Application and Website End User License Agreement

 

(Effective May 25, 2018. View previous version here)

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Welcome to BrewPlanner™, the (Application, App, Site or Website). This End User License Agreement (EULA) governs use of the App and the Site.   BY USING THE APP, YOU AGREE TO THE TERMS IN THIS EULA (Terms). 'You' are the person and/or entity using the Site (if your use is on behalf of a principal, ‘you' includes both you as an individual and your principal).

 

  1. PRINTING AND COPYING TERMS. You may print or copy of these Terms. You may also make and distribute verbatim copies of entries in this Site and lawfully use BrewPlanner™ LLC's (BrewPlanner) text to the extent allowed by principles of fair use. If you want broader rights, you must first get BrewPlanner’s written permission.  BrewPlanner may revoke these rights at any time.  BrewPlanner reserves all rights not expressly granted in this EULA.
     

  2. REPRESENTATIONS. You may brew and consume alcohol; No Association. This ‘App’ or ‘Site’ contains BrewPlanner™ LLC's proprietary software for brewing alcohol. By using this site, you represent that you are legally allowed; and licensed if need be; to brew, consume, sell, and/or distribute alcohol. You also represent that you have no business relationship with BrewPlanner other than as a user of the ‘App’ or ‘Site’.
     

  3. LEGAL AGE. By using this ‘App’ or ‘site’ you represent that you are at least of the legal age for drinking and possessing alcohol in your country.
     

  4. NO WARRANTIES. YOU AGREE THAT THE SITE AND ALL OF ITS FUNCTIONALITY (INCLUDING ALL LINKS) AND ALL INFORMATION ON IT IS PROVIDED AS IS AND AS AVAILABLE. BREWPLANNER DISCLAIMS ALL WARRANTIES THAT RELATE TO THE SITE, FUNCTIONALITY, OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, DUTIES OF WORKMANLIKE EFFORT, ACCURACY, AND LACK OF NEGLIGENCE OR VIRUSES, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, FUNCTIONALITY, OR INFORMATION, OR AGAINST INFRINGEMENT.
     

  5. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. YOU AGREE THAT NEITHER BREWPLANNER, NOR ITS OWNERS, EMPLOYEES, OR ANY OTHER THIRD PARTIES WILL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER INDIRECT DAMAGES THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE ‘APP’ OR ‘SITE’ OR INFORMATION, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
     

  6. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING CONTRACT AND TORT) RELATING TO ANY ASPECT OF THE SITE SHALL BE, AT BREWPLANNERS OPTION: (1) SUBSTITUTION, RETRACTION, OR REPLACEMENT OF ALL OR PART OF THE INFORMATION THAT ALLEGEDLY GAVE RISE TO ANY DAMAGES (IF ANY); OR (2) THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU TO PAY FOR THE INFORMATION CAUSING THE DAMAGES. ALL DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  YOU AGREE THESE LIMITATIONS ARE REASONABLE AND THAT THE ENABLE BREWPLANNER TO PROVIDE THE APP OR SITE ON FAVORABLE TERMS.
     

  7. LINKING. 
    a. Linked to Sites: For various reasons, the ‘App’ OR ‘Site’ contains links to sites of third parties. They are independent sites that BrewPlanner does not control or endorse. You agree that if you visit them and use their services or information, you do so at your own risk.

    b. Linked from Sites: You are welcome to link to this Site so long as the link does not intentionally distort the content provided or positions taken by BrewPlanner, or violate any applicable laws. In its sole discretion BrewPlanner may terminate this permission to link to the Site at any time, for any or no reason, and without prior notice. If you continue or resume linking after such termination, those links are unauthorized by BrewPlanner unless you receive BrewPlanner’s written authorization.
     

  8. ​DISPUTES / NOTICE REQUIREMENT / VENUE / ATTORNEY’S FEES / WAIVER OF JURY.   Before filing any suit against BrewPlanner or any other person protected by these Terms, you must provide BrewPlanner with written notice of the dispute in sufficient detail and with sufficient documentation that BrewPlanner can intelligently evaluate it, and wait thirty days from the date of notice. The exclusive venue for any dispute arising out of your use of the app or site or this EULA shall be Boulder, Colorado, unless federal jurisdiction is mandatory, in which case venue shall be in the U.S. District Court in Denver.   You submit to the jurisdiction of such courts.  You waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Colorado or federal law.  You waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs.
     

  9. TERMINATION / CANCELLATION / SURVIVAL / MODIFCATION.   You have no continuing right to access the ‘App’ or ‘Site’ and BrewPlanner may terminate or cancel your access at any time without prior notice. However, termination or cancellation shall not eliminate any previous obligation or liability you incur.  Every time you enter this ‘App’ or ‘Site’ you are bound by the Terms  in effect when you enter. These Terms may change from time to time and you agree to review them each time you enter; use of the ‘App’ or ‘Site’ constitutes your acceptance of the then version in effect.
     

  10. INTELLECTUAL PROPERTY.  “BrewPlanner” is a trademark of BrewPlanner.  BrewPlanner owns this site, its content, features, and functionality.  BrewPlanner’s intellectual property is protected by international trademark, copyright, and patent law, as well as by common law principles. 
     

  11. YOUR CONTENT / GDPR. Your content belongs to you.  BrewPlanner will not share your content with third parties, except as required by law or to process emails and to host and process our database of users.  If applicable, we will comply with the requirements of GDPR.  If GDPR applies and you want us to fix or remove any data, you must notify us by email sent to support@brewplanner.com or by regular mail to us at BrewPlanner™ LLC, P.O. Box 21571 Boulder, CO 80308.
     

  12. PAYMENT TERMS.  Paid users of the app or site may pay once a year or monthly, but if monthly, must use the autopay option.  Paid users may cancel on five work days’ notice, but will not be entitled to a refund of any sums already paid.  
     

  13. NOTICE OF COPYRIGHT AGENT.   Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the ‘App’ or ‘Site’ to locate the material; The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Copyright infringement claims and notices (but not other notices) should be sent to the attention of BrewPlanner, in the following manner:

  • By mail:
    BrewPlanner™ LLC
    P.O    . Box 21571 
    Boulder, CO 80308

  • By Phone: #303-956-8234

  • By Email: support@brewplanner.com

 

14. EFFECTIVE DATE- This End User License Agreement was last revised on Jan 27, 2022.

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