Introduction
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”).
Before we can permit use of the Service, it is important to us that we have a common understanding concerning the terms and conditions that govern such use. This document and the documents that we incorporate by making reference to them here, like our privacy policy ("Privacy Policy"), set forth and establish our common understanding about your use of the Service (together, the "Agreement") on behalf of you or your organization (hereinafter, the "Customer", “You” or "User”).
By visiting our website and creating an account or accessing the information, resources, services, products, and tools we provide (hereinafter, “Resources”), you understand and agree to accept and adhere to the following terms and conditions as stated in this Agreement, along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
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 info@ttbtamer.com.
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.
Authorized Users
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.
Content
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.
Privacy
Your
privacy is very important to us, which is why we've created a
separate Privacy Policy in order to explain in detail how we collect,
manage, process, secure, and store your private information. Our
privacy policy is included under the scope of this User Agreement. To
read our privacy policy in its entirety visit
www.ttbtamer.com/privacy .
Confidentiality
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.
Data Ownership
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 in the Fee Schedule, which can be found at
www.ttbtamer.com/pricing.
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
This offer (the “30 Day Free Trial”), entitles the user access full access to the Service for a period of thirty (30) days from the moment that activation of the trial period occurs by submission of payment details (the “Free Trial Period”). By submitting payment details, you accept the 30 Day Free Trial and (i) consent to us using the submitted payment details in accordance with the Billing and Payment Terms conditions as stated above and our Privacy Policy, and (ii) acknowledge and agree to the TTB Tamer Terms of Service and these Free Trial Period conditions. If you decide that you do not want to become a paying user of TTB Tamer upon the lapse of the Free Trial Period, you have to terminate your service (instructions for this can be found in the online users guide by following this link, goo.gl/65xFFR)) by the end of the Free Trial Period. You may only use this Free Trial Offer once. Brew Edge Software reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the 30 Day Free Trial Conditions at any time without prior notice and with no liability.
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 info@ttbtamer.com or by cancelling your Paypal 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.
Copyrights/Trademarks
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.
Other Restrictions
The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §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.
Links
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.
Force Majeure
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.
Governing
Law
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.
Miscellaneous
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.
Guarantee
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.
Contact
Information
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
USA
info@ttbtamer.com
