TTB Tamer – Terms of Service
Updated October, 2017
Welcome to TTB Tamer. TTB Tamer is a proprietary service (as it may be updated from time to time, the “Service“) owned and operated by Brew Edge Software, LLC (“our”, “us” or “we”).
Customer is only authorized to access or use the Service as a Customer under these terms. Please read this Agreement carefully and save it. If you would like a copy for your records, you can request one by emailing us at firstname.lastname@example.org.
If Customer does not agree with it, Customer should not use the Service.
This agreement is in effect as of May 21, 2014.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Representations About Customer
You represent and warrant to us that you have the power and authority to enter into this Agreement on behalf of Customer. Also, you represent and warrant that the information that you provide to us about Customer or its account in connection with the Service will be current, true, accurate, supportable, and complete.
Customer may NOT allow Customer’s employees, independent contractors, and agents to use the Service on behalf of Customer unless each entity creates a separate account which is linked to Customer’s organization (“Authorized Users“). Sharing a single login account amongst multiple users is not an acceptable use of the Service and will be considered a breach of the Agreement and will result in termination of use.
As a condition to such use, Authorized Users shall abide by the terms set forth herein. Customer and Authorized Users shall immediately notify us in the event that Customer or an Authorized User becomes aware of any violation of the terms of this Agreement. Customer shall be liable for any breach of the Agreement by any Authorized User.
Responsible Use and Conduct
By visiting our website, Customer and Authorized users agree to use Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You and all Authorized Users understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You agree to indemnify and hold harmless Brew Edge Software, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Restrictions on Customer’s Use of the Service
Customer may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Service. Customer may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. Customer shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
We do not claim ownership rights in the documents, text, files, or any other materials that Customer uploads, downloads, stores, or shares via the Service (collectively, “Content“). However, by uploading, downloading, storing or sharing Content through the Service, Customer hereby grants us and our third party partners a license under any of Customer’s applicable intellectual property or other rights protecting the Content for the purpose of transmitting or storing them in connection with the Service. We reserve the right to remove any of the Content from the Service in our sole discretion if we determine that it may infringe another party’s rights, this Agreement, our policies, or applicable law. We may also delete, without liability, any Content or Data that remains in our Service more than 60 days after Customer’s failure to pay or any termination or suspension of the account.
The data and the files that Customer enters into the service shall, except to the extent provided herein, constitute the confidential information of Customer (“Confidential Information“). Except as is set forth herein, we agree not to disclose your Confidential Information and agree only to use the Confidential Information in connection with the Service. We may disclose Confidential Information as may be required by law or pursuant to court order. Confidential Information shall not include any information which (i) is now, or hereafter becomes, through no act or failure to act on our part, generally known or available to the public without breach of this Agreement by us; (ii) was acquired by us without restriction as to use or disclosure before receiving such information from the disclosing party; (iii) is obtained by us from a third party authorized to make such disclosure; or (iv) is independently developed by us without use of or reference to your Confidential Information.
Customer shall own all rights, title, and interest in and to the data that is collected by us from Customer in connection with Customer’s use of the Service (“Data“). Customer grants and agrees to grant us a perpetual, non-exclusive license to use such Data (a) in order to provide Service to Customer; (b) for statistical use (provided that such data is not identifiable to Customer); and (c) as necessary to monitor and improve the Service. Customer acknowledges that to the extent that it transmits account or payment information via the Service in payment therefore, such data may be governed by the terms of third party payment processors.
Reservation of Rights with Respect to the Service
We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If Customer or any Authorized User submits comments, suggestions, or other feedback regarding the Service (“Feedback“), We will be free to use such Feedback for any purpose.
Billing and Payment Terms
Your account is automatically billed once per month, in advance, on the day of your billing cycle. You can upgrade or downgrade anytime provided your current monthly usage falls within the limits of the new plan. If you upgrade or downgrade, your changes will take effect immediately and you’ll pay the new rate amount on your next billing date. You will not be charged a pro-rated amount for changes made between billing cycles. There are no refunds for past charges if your account is downgraded before the billing cycle is completed. We also do not give pro-rated or partial refunds. If you cancel your account, you will not be billed again. We accept Visa, MasterCard, and American Express.
You will be provided with an invoice on a monthly basis, sent to the email we have on file in your account setup. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. Upon failure of a monthly credit card charge, we will make up to two additional attempts to run the charge 5 days and 10 days after your billing due date. After a third failed attempt, we will immediately suspend your account. We will make an attempt to notify Customer via e-mail of each failed charge attempt. We may also, in our discretion and in addition to any other remedies we may have, suspend your and your Authorized Users’ access to the Service.
Pricing is set forth on our website, which can be found at www.ttbtamer.com.
For Customer’s who have pre-paid months in advance, monthly billing will occur after the pre-paid months have passed.
Money Back and Refund Policy
Customers who signed up as a Founding Partner prior to the public release of the software on May 6, 2014 are entitled to a full refund until June 30, 2014 if they are not satisfied with the software.
30-Day Free Trial
Support and Maintenance
We will provide Customer with a commercially reasonable amount of email support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
You may cancel the Service at any time by sending an email requesting cancellation to email@example.com or by manually cancelling your subscription. Your cancellation will be effective as of the end of your monthly billing cycle as long as you notify us at least 7 days before the end of the cycle. Otherwise, the cancellation will be deemed given in the following month.
Limitations on Availability
The Service or some aspects thereof may not be available in all languages. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. Customer uses the Service at its own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from technical, typographical, or photographic errors.
iii) the information obtained by using our Resources will be accurate, reliable complete, or current, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Brew Edge Software, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.
We do not warrant against interference with Customer’s enjoyment of the service. No oral or written information or advice that we give shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Brew Edge Software will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages, including loss of profits, loss of data, business interruption, or any other commercial damages or losses which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on TTB Tamer websites, including but not limited to text, graphics, website names, code, images and logos are the intellectual property of Brew Edge Software, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Brew Edge Software, LLC.
The Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. Â§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202, as applicable. Consistent with 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Brew Edge Software, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Brew Edge Software of the site. Use of any such linked web site is at the user’s own risk.
Neither party shall be in default for failing to perform any obligation hereunder, other than the payment of monies, if such failure is caused by supervening conditions beyond the parties’ respective control, including without limitation, Acts of God, illegal acts of third parties, civil commotion, strikes, terrorism, failure of third party networking equipment, failure of the public Internet, power outages, labor disputes, or governmental demands.
This website is controlled by Brew Edge Software, LLC from our offices located in the state of Colorado, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Colorado. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This Agreement constitutes the entire agreement between us regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “TTB Tamer” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. Customer may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
UNLESS OTHERWISE EXPRESSED, BREW EDGE SOFTWARE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
Brew Edge Software
1045 W Radcliff Ave
Englewood, Coloardo 80110
About TTB Tamer
Launched in 2013, TTB Tamer has been designed from the ground up for Craft Brewers, by the feedback from Craft Brewers, and has been helping breweries shave days off their typical TTB reporting process.
© 2017 TTB Tamer. All Rights Reserved