Terms of Use

BrewStream Terms of Use

January 2018

Ah, the legal fine print.  Painful, but, it makes sure we both know what to expect.  Please read this Agreement carefully before using Brewstream.  Thanks!

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To access and use the BrewStream services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By registering an account through the BrewStream website or using any of the BrewStream Services, you are agreeing to these Terms. Please take a moment to carefully read through these Terms, as they constitute a legal contract between you and the Red Monkey Corporation.

In these “Terms of Use” the words “you” and “yours” shall refer to the formal legal entity that is subscribing to the BrewStream Services; or in the case of an individual, to such individual.  The terms “Licensor” “we” or “us” will refer to the Red Monkey Corporation.

DESCRIPTION OF SERVICE AND ACCEPTANCE OF BINDING LEGAL AGREEMENT

The Red Monkey Corporation provides online Tobacco, Tax and Trade Bureau – TTB – Report generation (Brewer’s Report of Operations (TTB F 5130.9)) (collectively, the “Service” or  “Services”) and ancillary Services thereto.  This Service and the web site’s content and any other features, tools, applications, materials, or other Services offered from time to time by Red Monkey Corporation in connection with its BrewStream business, however accessed, are referred to collectively as the “Licensor Services.”

Use of the Licensor Services (including access to the Content) is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a Licensor application, feature, or device.

Certain Licensor Services are provided to you free of charge. There are some other Licensor Services that, if you are interested in accessing, will require payment by you. The Licensor Services that may be accessed after payment are referred to collectively as “BrewStream” or the “BrewStream Services” or the “BrewStream Application.”

CHANGES TO THE TERMS OF USE BY LICENSOR

Licensor may amend these Terms of Use at any time by posting the amended Terms of Use on the Licensor’s website. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the Licensor’s website.  Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

ACCESS AND USE OF THE BREWSTREAM SERVICES

Your License. Upon payment of the monthly subscription fees by you, Licensor is pleased to grant you a nonexclusive limited license to use the BrewStream Services for commercial purposes as set forth in these Terms.

You may access and use the BrewStream Services at any time and in any manner consistent with reasonable commercial use for your business.

The Red Monkey Corporation owns and retains all rights to the BrewStream Services. The content you access and the Services you use as part of the BrewStream Services is owned or controlled by Red Monkey Corporation. The BrewStream Services are protected by copyright, trademark, and other intellectual property laws as applicable.

Your Responsibilities.  You, your business, and your authorized users must use the BrewStream Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the BrewStream Services use and restrictions detailed here, and further agree that you will not access the BrewStream Site or use the BrewStream Services in a way that:

(1)         violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

(2)         uses technology or other means to access, index, frame, or link to the Licensor Services in a way that is not authorized by Licensor, including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, or distribution of, or access to, the Licensor Services;

(3)         involves accessing the BrewStream Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the BrewStream Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

(4)         introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment owned by or licensed for use to Licensor;

(5)         damages, disables, overburdens, impairs, or gains unauthorized access to the BrewStream Services, including Licensor’s servers, computer network, or user accounts;

(6)         removes, modifies, disables, blocks, obscures, or otherwise impairs any advertising in connection with the Licensor Services;

(7)         uses the Licensor Services or any content from Licensor’s web site or other publications to advertise or promote services that are not expressly approved in advance in writing by Licensor;

(8)         collects personally identifiable information in violation of Licensor’s Privacy Policy;

(9)         encourages or engages in conduct that would constitute a criminal offense or give rise to civil liability;

(10)       violates these Terms or any guidelines or policies posted by Licensor;

(11)       interferes with any other party’s use and enjoyment of the BrewStream Services;

(12)       harvests or scrapes any content, program or algorithm from the BrewStream web site or Services;

(13)       deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the BrewStream Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;

(14)       modifies, translates, or otherwise creates derivative works of any part of the Services; or

(15)       copies, rents, leases, distributes, or otherwise transfer any of the rights that you receive pursuant to your license to use the BrewStream Services;

(12)       attempts to do any of the foregoing.

If Licensor determines in its sole discretion that you are violating any of these Terms, we may (1) notify you and (2) use technical measures to block or restrict your access or use of the BrewStream Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the BrewStream Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. No one may use the BrewStream Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Downloads. In order to participate in certain BrewStream Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but we may, change, suspend, or discontinue — temporarily or permanently — some or all of the BrewStream Services, with respect to any or all users, at any time without notice. You acknowledge that Licensor may do so in Licensor’s sole discretion. You also agree that Licensor will not be liable to you for any modification, suspension, or discontinuance of the Licensor Services

BrewStream Subscriptions and Billing

You can receive specific details regarding your subscription to BrewStream at any time by emailing Support at support@brewstream.net. You agree that your BrewStream account is for commercial use only for the registered business entity.  By subscribing to BrewStream you are representing to Licensor that you and your business are legal authorized to conduct beer brewing , bottling, sales and distribution operations in the jurisdiction in which your brewing operations are located.  A subscription to BrewStream is not a license, authority, consent or any other legal grant of a right to legally conduct beer brewing or any other alcohol distillation business.

Because the BrewStream Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Eastern Standard Time and ends at 11:59 p.m. Eastern Standard Time of that same calendar day.

Billing

By signing up for the BrewStream subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with BrewStream Services to the credit card or other payment method accepted by Licensor (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting BrewStream support. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts; alternatively, we may cancel your access to the BrewStream Services without additional notice.

As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day on which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Licensor changes the subscription fee or other charges for the BrewStream Services from time to time, we will give you advance notice of these changes by e-mail. However, we will not be able to notify you of changes in any applicable taxes.

All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in “Ongoing Subscription and Cancellation” below.  Very rarely, if there are special circumstances in which Licensor determines it is appropriate (e.g., the BrewStream service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Licensor’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Ongoing Subscription and Cancellation.

Your BrewStream subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month’s billing. We will bill the monthly subscription fee and any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Unpaid Amounts.

In order to provide the BrewStream Service, it is important that each user of the BrewStream Service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with BrewStream Services. You will remain liable to Licensor for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

ACCOUNTS AND REGISTRATION

All registration information you submit must be accurate and updated. Please keep your password confidential. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please contact Support at support@brewstream.net as soon as you know of, or suspect, any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account and cancel your subscription by contacting Support at support@brewstream.net. Please identify your account and provide a valid reply e-mail address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate or restrict your account or your use of the BrewStream Services at any time, without notice or liability, if Licensor determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the BrewStream Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Licensor servers being made and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about Licensor’s policies and practices regarding the collection and use of your personally identifiable information, please visit brewstream.net. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your use of the BrewStream Services is governed by the Licensor Privacy Policy in effect at the time of your use.

LINKED DESTINATIONS AND ADVERTISING

Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Licensor operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Licensor website, we may not warn you that you have left the Licensor site and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Licensor site and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Licensor is not responsible for the content or practices of any website or destination other than the Licensor site, even if it links to the Licensor site and even if the website or destination is operated by a company affiliated or otherwise connected with Licensor.

TRADEMARKS

“BrewStream”, the BrewStream logo, www.BrewStream.net, “TapPad”, “BrewStream Cloud” and other Licensor marks, graphics, logos, scripts, and sounds are trademarks of the Red Monkey Corporation. None of the Licensor trademarks may be copied, downloaded, or otherwise exploited without express written permission of the Red Monkey Corporation.

NOT AUTHORITY TO MANUFACTURE ALCOHOL CONTAINING PRODUCTS

Your subscribing to the BrewStream Services is not a grant of legal authority, under any circumstance including under any Federal, State or local law, for you to create, manufacture, distill, sell and distribute any alcohol containing product.  Compliance with any laws that regulate the creation, manufacture, distillation, selling and distributing of alcohol containing products is strictly up to you.  The Red Monkey Corporation is a private entity and has no affiliation with any government agency, and has no legal authority to grant a license or any other permission to you to create, manufacture, distill, sell or distribute alcohol containing product.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE BREWSTREAM SERVICES, YOU AGREE THAT USE OF THE BREWSTREAM SERVICES IS AT YOUR OWN RISK.  YOU FURTHER AGREE THAT YOU HAVE HAD THE OPPORTUNITY TO INSPECT AND TRY THE BREWSTREAM SERVICES, AND INQUIRE WITH THE RED MONKEY CORPORATION AS TO SPECIFIC USE OR PROCESS QUESTIONS YOU MAY HAVE ABOUT THE BREWSTREAM SERVICES, BEFORE YOU SUBSCRIBED TO THE BREWSTREAM SERVICES. THE BREWSTREAM SERVICES AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE BREWSTREAM WEB SITE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE BREWSTREAM SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

THE FOREGOING WARRANTY IS INTENDED TO EXCLUDE ANY IMPLIED WARRANTY OF FITNESS FOR ANY PURPOSE.  THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THESE TERMS OF USE.

IN NO EVENT SHALL THE RED MONKEY CORPORATION OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “LICENSOR PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, FINES OR PENALTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE BREWSTREAM SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE WEB SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LICENSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), ADMINISTRATIVE PROCEEDINGS OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE BREWSTREAM SERVICE FOR THE PERIOD DURING WHICH THE ALLEGED LIABILITY WAS INCURRED OR $50 (WHICHEVER IS LESS).

THE FOREGOING PROVISIONS ARE AN EXPRESS LIMITATION ON REMEDIES AND DAMAGES, CONSEQUENTIAL OR OTHERWISE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LICENSOR PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, FINES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE BREWSTREAM SERVICES. LICENSOR RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

IN ADDITION TO THE FOREGOING LIMITATIONS AND EXCLUSIONS, THE RED MONKEY CORPORATION WILL NOT BE LIABLE TO YOU FOR ANY IMPROPER DATA ENTRY ON YOUR PART INTO THE BREWSTREAM SERVICES, OR FOR ANY FAILURE ON YOUR PART TO TIMELY AND ACCURATELY PROVIDE ANY STATUTORILY REQUIRED REPORTS (INCLUDING BUT NOT LIMITED TO FORM TTB F 5130.9).  THE ACCURACY OF, AND TIMELINESS OF SUBMITTING SUCH REPORTING AND FACT CHECKING IS YOUR RESPONSIBILITY.

ARBITRATION OF CLAIMS

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.

At Red Monkey Corporation, we expect that our world-class customer service team will be able to resolve most issues you may have using the BrewStream Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later.  Accordingly, you and Licensor agree to the following resolution process.

To begin with, you agree that any claim that you might have against us regarding these Terms of Use or the BrewStream Services must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules or a similar such agency in the jurisdiction noted herein. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within six months after your claim arose; otherwise, your claim is waived both in arbitration and in civil courts.

Because we prefer to resolve our issues with you directly, you agree to arbitrate with Licensor only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class action basis or brought by a purported class representative.

Any such arbitration must be initiated by you in Maricopa County, Arizona, where the Red Monkey Corporation is headquartered.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with the Red Monkey Corporation for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by email at support@brewstream.net

GENERAL INFORMATION

Choice of Law and Forum. These Terms of Use, and the relationship between Licensor and you, shall be governed by, and construed in accordance with, the laws of Arizona without giving effect to principles of conflict of laws.  In the event of a claim by you against the Red Monkey Corporation under any circumstance, you agree to submit to the exclusive jurisdiction of the state or Federal courts, or administrative agency, having jurisdiction over matters occurring in Maricopa County, Arizona.  In the event of a claim by the Red Monkey Corporation against you, you agree to submit to the jurisdiction of the courts located where the Red Monkey Corporation pursues its claim against you, which may include state or Federal courts in Maricopa County, Arizona.

No Waiver/Reliance. If you see other parties violating these Terms, or if you have questions regarding them, we would appreciate it if you would let us know at support@brewstream.net, subject line: “TOU Violation”. Precisely how the Red Monkey Corporation responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on Licensor’s response with respect to one party or one situation as any indication of what the Red Monkey Corporation might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.  Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it.  In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party, including you. Further, the Red Monkey Corporation’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if the Red Monkey Corporation acts in a way that appears to you to be inconsistent with these Terms of Use, the Red Monkey Corporation’s action or waiver shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including the Red Monkey Corporation’s Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and the Red Monkey Corporation and govern your use of the BrewStream Services, and completely replaces any prior agreements between you and Licensor in relation to the BrewStream Services. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and Licensor agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  We further agree that, if possible, a court of competent jurisdiction may reform any unlawful, void or unenforceable provision but only to the extent necessary to implement the intent of the parties.