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END USER LICENSE AGREEMENT

Last Revised: July 31, 2017

IMPORTANT: READ THIS AGREEMENT CAREFULLY AND REVIEW THE FULL PRODUCT INFORMATION AT WWW.PICOBREW.COM BEFORE POWERING UP YOUR PICO®, KEGSMARTS, OR ZYMATIC® FOR THE FIRST TIME.


PURPOSE AND SCOPE OF AGREEMENT

This PicoBrew End User Agreement ("Agreement") is the legal agreement between you (the "User") and PicoBrew, Inc. ("PicoBrew") governing the User's use of: (i) any product that uses the www.picobrew.com platform (the "Web Platform") to create, share, log or brew using the internet or download to a product, such as the Pico®, KegSmarts, or Zymatic® ("Device"), and (ii) the firmware and software that PicoBrew installs on, or updates directly to, the Device (the "Embedded Software"). By establishing an account at www.picobrew.com (a "PicoBrew Account") and using a Device, 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 use the Device or to log in with a PicoBrew Account and the User should return the Device to PicoBrew Inc. or the place where the User obtained it.


OPEN-SOURCE COMPONENTS

The Embedded Software includes certain components (the "Open Software Components") that are incorporated into or distributed with the Embedded Software and that are licensed to the User under one or more "open-source" or "free software" licenses (the "Open Source Licenses"). The LICENSE text file that is distributed with the Embedded Software identifies the Open Source Components and contains third-party notices that PicoBrew is required to provide to the User pursuant to the Open Source Licenses. Notwithstanding anything to the contrary in this Agreement, the Open Source Components are not licensed under (and are not subject to the terms of) this Agreement, and are instead separately licensed to the User pursuant to the terms and conditions of their respective Open Source Licenses. Copies of such Open Sources Licenses are reproduced in the LICENSE text file distributed with the Embedded Software, and the User hereby agrees to comply with the terms and conditions of such Open Source Licenses.


PERSONAL, NON-COMMERCIAL USE ONLY; COPYING AND REDISTRIBUTION PROHIBITED; RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED

The Web Platform and the Embedded Software are intended for personal, non-commercial use only. The User may not use them for any commercial or illegal purpose. Copying or redistribution of the Web Platform or Embedded Software or of any content delivered between them 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 Device, the Web Platform, or the Embedded Software, 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 or on a Device, the Web Platform, or the Embedded Software.


SOFTWARE LICENSE

The Web Platform Software is proprietary to PicoBrew or its third party licensors and may be used only in connection with a Device. Subject to the terms of this Agreement, PicoBrew grants the User a nonexclusive, nontransferable license to run the Embedded Software and any updated versions provided to the User by PicoBrew, only in and as incorporated in a Device. This is a license and not a sale. The User may not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Embedded Software to any third party except as incorporated in a Device; (ii) modify, adapt, alter, translate, or create derivative works of the Embedded Software; (iii) decompile, disassemble, reverse engineer or otherwise derive or attempt to derive source code from the Embedded Software; or (iv) have any of the foregoing done by a third party. PicoBrew reserves the right to update the Embedded Software from time to time at its sole discretion, including adding, changing or removing functionalities and features, including but not limited to changing the user interface or the manner in which the User is able to access and use content from the Web Platform.


PLATFORM AND FIRMWARE UPDATES

PicoBrew may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Device or Web Platform ("Platform Updates") and the Embedded Software ("Firmware Updates"). PicoBrew may install Platform Updates automatically at any time and without notice to, or the consent of, User. The User acknowledges that a Platform Update may require a Firmware Update, and that without a Firmware Update a Device may stop functioning. The User is solely responsible for installing each Firmware Update when made available. Any User or third-party modifications made to Open Software Components, even though permitted under the Open Software Licenses, may not function properly or work correctly with the Web Platform, and is not the responsibility of PicoBrew.


PRIVACY

Our Privacy Policy, available at www.picobrew.com/legal/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.


NO WARRANTY FOR WEB PLATFORM SOFTWARE OR FOR THE EMBEDDED SOFTWARE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMBEDDED SOFTWARE AND 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 DEVICE, THE EMBEDDED SOFTWARE, THE WEB PLATFORM, OR THE 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.


LIMITATION OF LIABILITY

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 EMBEDDED SOFTWARE, THE WEB PLATFORM, ANY DEVICE, 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.


CONSENT TO USE OF DATA

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 device, 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.


EXPORT CONTROLS

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 a Device, the Web Platform or the Embedded Software 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.


PICOBREW RESERVES THE RIGHT TO CHANGE POLICIES AND WEB PAGES

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.


GOVERNING LAW; ARBITRATION

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.


GENERAL LEGAL PROVISIONS

This Agreement is the final, complete and exclusive agreement between the User and PicoBrew relating to the Embedded Software and 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 Embedded Software and 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.


CONTACT INFORMATION

Should the User have any question about this Agreement, or if the User desires to contact PicoBrew, please contact us by mail at PicoBrew, Inc., 2121 N 35th St #100, Seattle WA 98103 or by email at support@picobrew.com. Copyright © 2017 PicoBrew, Inc. All rights reserved. Zymatic® is a registered trademark of PicoBrew, Inc.

PRIVACY POLICY

Last Revised: July 31, 2017

This privacy policy describes how we collect, use, and share your information. Words of specialized meaning in this Privacy Policy share the meanings given them in our Terms of Service (www.picobrew.com/legal/TOS).


WE COLLECT INFORMATION FROM OR ABOUT YOU

Whenever you access our Website and its Content, regardless of Device, we may collect information from or about you. This may include:

Information that You Voluntarily Share. We may collect and store "Personal Information" such as your name, email address, mailing address, telephone number, bank account or credit or debit card number, and other similar information that you share solely for our use and that we could use to identify you. You typically share Personal Information when you initially register an Account or subsequently update an Account. You may also share Personal Information when you email us, provide user feedback, complete our customer surveys, or inquire about technical or customer support.

In addition to Personal Information, we may also collect and store information relating to the use of your Account, such as, for example, when you view, store, and use recipes, files, and other information. We may also collect other similar information -- even if such information may be used to identify you -- that you voluntarily share for public viewing. This might happen, for example, if you voluntarily post messages (such as on our "Forum" page) or contribute other User Content to the Website. You may also control whether you voluntarily share your geographic location and usage data for public viewing on the Website.

Information Obtained Through Devices Linked to Your Account. We may collect "Device Information" (if you link a Device to your Account) that includes a unique identifier for your Device, your current software and version, your IP address, your geographic location, and data about your usage. We primarily use Device Information to improve our service and to help support use of your Device.

Other Information Collected Through Commonly Deployed Web Technologies. Non-personal information that we collect may include information about how you and our other users access, use, and interact with our Website and its Content. This may include, for example, browser type, language preference, referring site, and the date and time of each visitor request. We collect this kind of information automatically by deploying "cookies" and other technologies such as device identifications, pixel tags, and web beacons. We currently do not respond to "Do Not Track" signals from internet browsers. If you would like to prevent the use of cookies or other tracking technologies, you must disable cookies or tracking technologies in your internet browser settings; however, doing so may affect your experience as some features of our Website may not work as intended. You can learn more about these commonly used technologies here: http://www.allaboutcookies.org.


WE MAKE REASONABLE EFFORTS TO PROTECT THE INFORMATION WE COLLECT

We take reasonable precautions, consistent with standard industry practices, including administrative, technical, and physical measures, to safeguard your sensitive personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. We do not guarantee that these reasonable precautions are sufficient to safeguard your sensitive personal information in every instance.


WE WILL USE THE INFORMATION WE COLLECT

We will use the information we collect from you to provide the services you request; to create and register an Account, if you create one; to allow you to create and share User Content with others, if you so choose; to process and record any payments you make; to better understand customer behavior and usage patterns; to make improvements to our Website and our product and service offerings; and to send newsletters, surveys, offers, and other promotional materials related to our services and for other marketing purposes of PicoBrew.


WE MAY SHARE THE INFORMATION WE COLLECT IN LIMITED CIRCUMSTANCES

We do not share any Personal Information for others to use in marketing or advertising goods and services to you. But we do share the information we collect under the following limited circumstances:

Usage Reports. We may create and publish reports based on aggregated usage, demographic, and similar data that excludes any personally identifying information.

Service providers. We may share information that we collect, including Personal Information, with companies who provide services to us, such as those who process orders and payments. If we share your information with third-party service providers, we will use service providers who protect Personal Information in a manner that is at least as protective as our own and who use your information only to provide services to us.

Legal Processes. We may share all types of information with others as required by, or permitted by, law. This may include sharing all types of information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

Sale of our Business. We may transfer any and all information we collect, including Personal Information, to the relevant third party in a reorganization, merger, or sale of our business.


WE DO NOT KNOWINGLY COLLECT INFORMATION FROM PERSONS BELOW THE AGE OF CONSENT

We do not knowingly collect or store any personal information from or about children under the age of 13 or anyone who is under the age of consent for the consumption of alcoholic beverages in the jurisdiction in which they reside. We will take steps to delete the personal information of any such person as soon as possible after learning that we have collected such personal information.


YOU MAY CHANGE YOUR PERSONAL INFORMATION

You may change any of your Personal Information in your Account by editing your profile within your Account. You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.


YOU MAY OPT OUT OF RECEIVING CERTAIN COMMUNICATIONS

You may opt out of our use of your Personal Information for purposes of delivering newsletters, surveys, offers, and other promotional materials for our marketing and related purposes by following the unsubscribe instructions that accompany any such materials or by contacting us directly (support@picobrew.com). We may, nevertheless, continue to send communications to you for other purposes, such as notices about changes to our Terms of Services, changes to this Privacy Policy, or firmware updates.


OTHER POLICIES MAY ALSO APPLY

Our privacy policy does not apply to websites or applications offered by other companies or individuals, including products or sites that may be displayed as advertisements. We encourage you to read the privacy policies of any third-party website before transmitting personal or other information.


CHANGES TO THIS WEBSITE PRIVACY POLICY

We may update this Website Privacy Policy from time to time. If we make material changes, we will post the new Website Privacy policy on this page with a notice that the Website Privacy Policy has been updated.


YOU MAY CONTACT US ABOUT OUR POLICY

If you have any questions or concerns about our privacy policy, including questions about deleting or correcting your Personal Information, please contact our support team through support@picobrew.com.

TERMS OF SERVICE

Last Revised: July 31, 2017

BINDING CONTRACT

These Terms of Service govern your access to and use of our Website and constitute a binding contract that you accept (i) by clicking "accept" when presented with that option at the time you register, renew, or revise an Account, purchase an item through our online Store, or subscribe to BrewUnlimited, or (ii) by otherwise accessing our Website and viewing its content. Our Privacy Policy, available at www.picobrew.com/legal/Privacy, is incorporated by reference into these Terms of Service and agreed to by you with your acceptance of these Terms of Service. The embedded software, and updates, installed on a PicoBrew Device used in conjunction with our Website is licensed and governed by our End User License Agreement ("EULA"), available at www.picobrew.com/legal, and any applicable limited warranty. Your acceptance of this contract is expressly limited to the terms described herein, and may not be modified in any manner without our prior written consent.

If you do not accept these Terms of Service as presented, you may not access our Website for any reason whatsoever. You also may not accept these Terms of Service, and therefore may not access our Website, if (i) you are not of legal age to form a binding contract with us or (ii) the laws of the jurisdiction in which you reside proscribe your use of our Website in the manner you intend. By purchasing items from our Store, registering an Account, subscribing to BrewUnlimited, or generally accessing our Website you represent and warrant that (i) the information you provide is truthful and accurate; (ii) your actions do not violate any U.S. or other applicable law or regulation; and (iii) you are above the minimum age for alcohol consumption in the country and jurisdiction in which they reside, which in the United States is 21 years of age, but in no event less than 13 years of age.


DEFINITIONS

"Account" means the system on our Website by which you register and thereafter authenticate your privileges to access certain areas and features of our Website that we make available only to Registered Users.

"Company" means PicoBrew, Inc., a corporation formed under the laws of the State of Washington; "us" and "we" are both synonymous with Company, and references to "our" is construed accordingly.

"Content" means any information (such as data files, written text, computer software, music, audio files, or other sounds, photographs, videos, or images of any kind), features, and services to which you have access as part of, or through your use of, the Website.

"Contributions" means comments, links, recipes, and other information and materials (whether text, graphics, audio, images, videos, or software) that any Registered User contributes to the Website.

"Device" means any equipment or device that we manufacture, such as the PicoBrew Pico®, KegSmarts, or Zymatic®, that you configure to access the Website through your Account.

"Registered User" means a User who has an Account.

"Store" refers to our store, accessible on the Website, where we offer various products for sale subject to applicable law.

"User" means any person who accesses the Website, regardless whether the User has an Account or not; "you" is synonymous with User, and "your" is construed accordingly. Also, "you" includes your principal if you are accessing the Website in your capacity as an employee or agent of another.

"Website" refers to our website accessed on the Internet using the URL, www.picobrew.com.


SECURITY AND PRIVACY

Security. You are responsible for maintaining the confidentiality of passwords associated with any Account you use to access the Website, and for that reason, you are accountable for any activity that occurs under your Account. You must notify us immediately (see contact information below) if you become aware of an unauthorized use of your password or your Account. Further, we take reasonable precautions, consistent with standard industry practices, including administrative, technical, and physical measures, to safeguard your sensitive personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. We do not guarantee that these reasonable precautions are sufficient to safeguard your sensitive personal information in every instance. Accordingly, by using our Website, you acknowledge that you are providing your personal information at your own risk.

Privacy. Our Privacy Policy, available at www.picobrew.com/legal/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. You agree to the use of your data in accordance with our Privacy Policy, including our policy for using third parties to collect information from you on their systems and according to their polices for the purpose of processing payments on our behalf. The User should review our Privacy Policy before using a PicoBrew Account.


All Rights Reserved. You may access the Website in whatever manner you choose, including with a connected Device. But all Content of the Website is provided to you subject to copyright law, with all rights reserved. We do not transfer to you any intellectual property owned by us or a third party, and all right, title and interest in and to such property will remain the sole property of PicoBrew or the third-party provider. Nothing in these Terms of Service gives you a right to use any of our or our licensors' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted to you in this Agreement are reserved by PicoBrew and its licensors.

Outbound Links. The Website may include hyperlinks to other websites, services, or resources over which we have no control. You acknowledge and agree that we are not responsible for the availability of any such external websites, services, or resources, and that we do not endorse any products or other materials on or available from such websites, services, or resources, irrespective of whether advertised on our website or not. You acknowledge and agree that we are not liable for any loss or damage that you may incur as a result of the availability of those external websites, services, or resources, or as a result of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, any websites, services, or resources.

User-Generated Content. The Content of our Website may include Contributions made by you and other Registered Users. You acknowledge and agree that we are not responsible for, and that we do not endorse, any material or information included in any Contribution, and we specifically disavow representing or implying that such material is accurate, useful, or not harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems and Devices from viruses, worms, Trojan horses, and other harmful or destructive content. Despite our efforts to the contrary, the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Your use of the Website and its Content is at your own risk.


PROHIBITED CONDUCT

You agree to access and use the Website only for the purposes permitted under these Terms of Service and any rules that we may post on the Website from time to time; and, even then, only to the extent allowed under any applicable law, regulation, or generally accepted practice or guideline that governs your conduct in any relevant jurisdiction. Without limiting the generality of the foregoing restriction, you expressly agree that you will not:

  • Misrepresent your identity or provide false personal or other information when registering an Account and accessing and using the Website;
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, libelous, illegal, or objectionable (including, without limitation, bigoted, racist, sexist, homophobic, or prejudiced) material; or post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability;
  • Advertise or otherwise solicit funds, goods, or services;
  • Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you, without prior express written consent, or that violates any third-party right;
  • Post spam, post machine- or randomly-generated material, or submit unethical or undesirable commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer, or adapt any of the software, information, text, graphics, source code or HTML code, or other Content available on the Website;
  • Violate a third party's intellectual property, personality, publicity, or confidentiality rights; or upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights;
  • Post any material you create but to which your employer has intellectual property rights, without first receiving your employer's permission or otherwise securing a waiver and release;
  • Remove or modify any copyright, trademark, legal notice, or other proprietary notation from the Content available on the Website;
  • Transmit, install, upload, or otherwise transfer any material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; or transfer any other item or initiate any other process that in any way affects the use or enjoyment of the Website, or that otherwise adversely affects our computers, servers, or databases;
  • Violate any domestic, foreign, or international law or regulation involving the export of software or technology, including, without limitation, the U.S. Export Administration Regulations; and
  • Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users or the Website.

We reserve the right, but do not have any obligation, to monitor use of the Website; to remove any Content that we consider inappropriate or unlawful or otherwise likely to cause us liability; and to revoke or deny access to anyone, including you, who engages in prohibited conduct.


Responsibility. You may, if you are a Registered User and so choose, make Contributions, but you are solely responsible for any harm that your Contributions may cause. You hereby represent and warrant that, with respect to each Contribution you make, (i) you have the right to submit such Contribution, (ii) you are not aware of any material defect in the Contribution, and (iii) you have not engaged in any, and the Contribution does not constitute, "prohibited conduct" as described above.

License Grant. You hereby grant to the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish your Contributions for any purpose, including sharing as Content on the Website. You may not delete a Contribution once made.

Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, and their respective directors, officers, and employees against any and all costs, damages, and losses, including reasonable attorneys' fees, resulting from any third-party claim or lawsuit arising out of or based on: (a) Contributions that you submit, post, or display on or through the Website that allegedly infringes the rights of, or has caused harm to, a third party; or (b) any breach of any representation, warranty, or covenant by you under these Terms of Service. We reserve the right, at your expense, and upon providing reasonable notice to you, to assume the exclusive defense and control of any claim or lawsuit subject to this indemnification provision and you agree to cooperate with our defense of such claims. Your indemnification obligations are conditioned on (i) an indemnified party providing prompt notice to you of any such claim, and (ii) providing you with any reasonable information or assistance that you request, and at your expense.


BREWUNLIMITED

The following provisions set forth the terms and conditions upon which PicoBrew provides its BrewUnlimited service to those Users who subscribe.

Subscription Service. BrewUnlimited offers an all-you-can-brew selection of PicoPaks to users who choose to subscribe at a monthly rate. If you become a BrewUnlimited subscriber, you may order PicoPaks in the number that matches your subscription level at the time of activation . Once that number of PicoPaks are brewed by a machine registered under your PicoBrew account, you are then eligible to order additional PicoPaks of the same number. All PicoPaks available on PicoBrew.com, including FreeStyle PicoPaks and Kombucha PicoPaks, can be ordered through our BrewUnlimited subscription service. Your BrewUnlimited subscription is tied to your PicoBrew account and cannot be transferred to another account holder.

Legal Compliance. You are solely responsible for ensuring that you are in full compliance with any and all federal, state, and local legal restrictions that may apply in the jurisdiction where you reside, including any restrictions on the quantity of beer that you are allowed to produce during any relevant period of time.

Promotional Trials. From time to time, we may offer trials of BrewUnlimited subscriptions for a specified period without requiring any payment or otherwise at a reduced rate. PicoBrew reserves the right, based on whatever criteria it may choose in its discretion, to determine your eligibility to participate in a trial. Some trials may require that you provide payment details to start the trial. At the end of such trials, we will treat you as a new subscriber and begin charging you for your subscription on a recurring monthly basis. In these cases, if you do not want to incur a charge, you must cancel the subscription through your BrewUnlimited account management page before your trial ends. Trials that are pre-paid and that do not require payment details on activation will not be renewed and will not be charged automatically following the end of a trial.

Price Changes. We reserve the right to adjust pricing for BrewUnlimited subscriptions at any time. Any price changes to your service will take effect at the first billing cycle immediately following an email notification to you. Modifying your shipping address for BrewUnlimited could impact pricing of the service due to shipping surcharges and taxes for certain regions and countries.

Payments and cancellations. BrewUnlimited subscriptions can be purchased directly from PicoBrew or through a third party (e.g. Kickstarter), either by paying a monthly subscription fee or a pre-payment in exchange for access to BrewUnlimited for a specific duration. If you have purchased a pre-paid subscription, it will automatically terminate at the end of the pre-paid period, or when there is an insufficient pre-paid balance to pay for the service. Unless BrewUnlimited has been purchased as a pre-paid subscription or trial, your payment to PicoBrew will automatically renew at the end of each monthly subscription period, until cancelled.

You may cancel your BrewUnlimited subscription at any time, and you will continue to have access to the BrewUnlimited service through the end of your then-current subscription period. If you cancel BrewUnlimited through your BrewUnlimited account management page before the end of the subscription period, your payment will not automatically renew but PicoBrew will not refund any subscription fees already paid. If you believe you are entitled to receive a refund for any amount paid to PicoBrew, please contact customer service at info@picobrew.com.

We may suspend your service at any time and for any reason, including your notice to info@picobrew.com that your machine requires repair. During this period of suspension, you will remain a BrewUnlimited subscriber but will not be able to order PicoPaks through the BrewUnlimited subscription service and will not be charged a subscription fee while suspended.

Your BrewUnlimited subscription may be terminated at any time by PicoBrew if there is suspected unauthorized use of the BrewUnlimited service or your non-compliance with agreements. PicoBrew will have no liability or responsibility on you, and will not refund amounts that have already been paid in this case.

We may suspend or terminate the BrewUnlimited service in its entirety at any time, and for any reason, in our sole discretion.


DMCA COMPLIANCE.

We will remove any offending Contribution that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C.A. § 512), also known as the DMCA. We will not restore such Contribution unless (a) you file a counter-notice that is the form required under the DMCA, and (b) the complaining party then fails to initiate a court action, as the DMCA requires. For making requests or providing notices under the DMCA, please contact us at dmca@picobrew.com. We discourage false claims of infringement the same as we discourage false claims of non-infringement, either of which may be subject to liability under the DMCA. We therefore encourage you to seek the legal advice of counsel before seeking, or opposing, the removal of Contributions.

Reports of Offending Contributions. To make a report to us under the DMCA, please provide the following information in writing, as detailed in the DMCA at 17 U.S.C.A. § 512(c)(3): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, such as an address, telephone number, and e-mail address; (v) a statement that you have 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; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notice. If you believe that a Contribution that was removed, or for which access was disabled, is not infringing, or that you have the authorization or a right to post and use the information, you may send a counter-notice containing the following information in writing as detailed in the DMCA at 17 U.S.C.A. § 512(g)(3): (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court located in King County, Washington and that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of a counter-notice, we may provide the complaining party with a copy of the counter-notice and inform them that the removed information may be replaced or cease disabling access to it in 10 business days. We may, at our discretion, replace or cease disabling access to the removed information between 10 to 14 business days or more after receiving the counter-notice, unless the complaining party has filed an action seeking a court order to restrain the contributing party from posting the offending Contribution.


FEEDBACK AND SUGGESTIONS.

We welcome your feedback and suggestions, including your ideas for improvement, for our Website, any Device, and our other products and services. You agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation to you or anyone else. We may use, copy, modify, publish, or redistribute your submission and its contents, and use the ideas you voluntarily share, for any purpose and in any way without any compensation to you. We will be under no obligation to use your ideas and we do not waive any right we have to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources.


EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK, AND THAT WE PROVIDE THE WEBSITE TO YOU "AS IS" AND "AS AVAILABLE," UNLESS OTHERWISE WARRANTED IN THESE TERMS OF SERVICE. IN PARTICULAR, WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF OUR WEBSITE WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; AND THAT ANY DEFECTS IN OPERATION OR FUNCTIONALITY WILL BE CORRECTED. WE FURTHER EXPRESSLY DISCLAIM 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.


LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY RELATING TO YOUR USE OF THE WEBSITE 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.


QUALIFICATION

NOTHING IN THESE TERMS, AND IN PARTICULAR THE PRECEDING EXCUSION OF WARRANTIES AND LIMITATION OF LIABILITY, SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


CHANGES TO OUR WEBSITE OR TERMINATION OF ACCESS.

We reserve the right to change, suspend, or discontinue our Website, or any part of it, with or without notice at any time. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You agree that we will not be liable to you or to any third party for any action taken under this section. You may terminate your Account (if you have one) at any time simply by discontinuing use of the Website. All provisions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


GOVERNING LAW; ARBITRATION

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 an 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.


GENERAL LEGAL PROVISIONS

These Terms of Service comprise the entire contract between you and us concerning our Website, and supersedes any prior contracts we may have. This contract does not confer any third-party beneficiary rights, nor does this contract prohibit us from complying with the law. If any portion of this contract is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, our failure will not be deemed a waiver. Instead, any waiver of these Terms of Service must be made in a writing that we sign. You may not transfer any of your rights or obligations under this contract without our consent. At the same time, however, we may freely assign all our rights and obligations under our contract with you in connection with a merger, acquisition, or sale of assets, or otherwise by operation of law.


CHANGES TO THE TERMS OF SERVICE

We may modify these Terms of Service at any time and for any reason in our sole and absolute discretion. Any such change shall take effect on the later to occur of the date when you receive notice of such a change or the date we specify in such notice. Your access of our Website after the effective date of any such change shall be deemed as your acceptance of these Terms of Service as so modified.


CONTACT INFORMATION; NOTICES

You agree that any notices we send to you in relation to your use of the Service generally and to these Terms of Services specifically may be sent via email to the address we have on file for your Account. You further agree that, with respect to changes we may make to these Terms of Service, we may notify you either by sending an email or otherwise by posting a prominent notice on the home page of the Website for a period of time not less than ten (10) days before the date the change takes effect. You are responsible for keeping the contact information in your Account current, and for accessing the Website periodically to view any changes to these Terms of Service that we may make. Please add @picobrew.com to your e-mail account to help ensure that you receive communications from us.

You, in turn, will direct questions you have to us about the Service or about this contract in the following manner:

For General Inquiries: info@picobrew.com

For Support Requests: support@picobrew.com

For Security Breaches: security@picobrew.com

For DMCA Notices: dmca@picobrew.com

Otherwise by postal to: 2121 North 35th St. Seattle, WA 98103

RETURN AND REFUND POLICY

Last Revised: July 7, 2017

PicoBrew's high standards for our products are our top priority. As such, we hope our customers are thoroughly happy with their purchases. Our products come with a 15-day return policy after the purchase date for exchange or credit for purchases that are made directly from our web site or retail partners that do not satisfy the customer. Our return policy is as follows:

RETURN INSTRUCTIONS

For the policy to apply, the returned product should be new and in the original package that it was purchased in. Customers will be held responsible for all shipping costs, which are nonrefundable, and may be charged a restocking fee. Customers must also return the product with all accessories it was shipped with. Credit for returns will be refunded in the same manner as the original payment within 15 days of return date.

To request a return, customers will need to have an authorization number. No returns will be accepted without an authorization number. You can request a number online by contacting PicoBrew at sales@picobrew.com. Please note the product's serial number when requesting a return. A representative will give you instructions, which you will be required to follow for a successful return. PicoBrew will not be liable for any damaged or lost goods during the transit period.

The return policy is non-transferable, does not apply to machines that were not purchased directly from PicoBrew (or one of our retail partners) and is void if proper use and care instructions for the product were not followed. The policy is void if the customer opened the machine and attempted to make repairs, unless specifically instructed by PicoBrew to do so.

If you choose to return your PicoBrew product after the 15-day period, customers will be charged a restocking fee. Return fees after 15 days are:

  • 16 days - 90 days the restocking fee is 15% of the purchase price
  • 91 days - 6 months the restocking fee is 25% of the purchase price
  • 6 months - 1 year the restocking fee is 35% of the purchase price
  • No product returns are accepted after 1 year from the date of purchase.

If you are not satisfied with an accessory obtained from PicoBrew, you may request a return for the item to be replaced. No refund may be made for accessories on their own. And no returns will be processed without an authorization number.

PRODUCT WARRANTY

Last Revised: July 7, 2017

Our PicoBrew products come with a one-year warranty from purchase date for purchases that are made directly from our web site or retail partners. Our warranty details are as follows:

WARRANTY

To request a repair, customers will need to have an authorization number. No repair requests will be accepted without an authorization number. You can request a number online by contacting PicoBrew at sales@picobrew.com. Please note the product's serial number and date of purchase when requesting a repair under the one-year warranty. A representative will give you instructions, which you will be required to follow for a successful repair. PicoBrew will not be liable for any damaged or lost goods during transit period.

Customers will be held responsible for shipping cost (both in and outside the U.S.) of any packaging required for repair under warranty. Shipping costs are nonrefundable.

The item in need of repair must have all the original packaging in order to be repaired. All repairs will be done within 30 days of receipt of the machine from the customer. If the machine cannot be repaired, PicoBrew can elect to either 1) refund the total payment or 2) replace the product.

Warranties are non-transferable, do not apply to products damaged from misuse and are void if proper use and care instructions were not followed or if customer opened the machine and attempted to make repairs themselves, unless specifically instructed by PicoBrew to do so. Once the machine has been used, PicoBrew has the right to attempt to repair it rather than replace it under warranty.

The warranty does not apply to machines that were not purchased directly from PicoBrew or one of our retail partners.

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