Last Updated: May 5, 2020
1. Acceptance of Terms
By accessing or using https://DraughtPick.com , or the DraughtPick mobile applications and various related services (collectively, the “Site”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. After reviewing these Terms, please indicate your acceptance by providing information regarding yourself, checking the box, and clicking the “I Agree” button, all at the bottom of these Terms.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and DraughtPick may provide you notice of these changes by any
reasonable means, including by providing notice through the Site. You can
determine when we last updated the Site by referring to the “Last Updated”
legend at the top of these Terms. Except to the extent that your express
consent to any revised Terms is required under data protection law, by
continuing to access, browse or use the Site, you confirm your acceptance of
the revised Terms and all the terms incorporated herein by reference. We
strongly recommend that you periodically visit this page of the Site to review
these Terms. If you do not agree to the revised Terms, you may not access or
use the Site.
2. Registration and Personal Data
In order to access and use certain areas or features of the Site, you will need to register for an account. Each registration is for a single user only.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by sending such changes to firstname.lastname@example.org . If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
By creating an account, you also consent to receive electronic
communications from DraughtPick (e.g., via email or
by posting notices to the Site). These communications may include notices about
your account (e.g., payment authorizations, password changes and other
transactional information) and are part of your relationship with us. You agree
that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal
communication requirements, including, but not limited to, that such
communications be in writing. You should maintain copies of electronic
communications from us
by printing a paper copy or saving an electronic
copy. We may also send you promotional communications via email, including, but
not limited to, newsletters, special offers, surveys and other news and
information we think will be of interest to you. You may opt out of receiving
these promotional emails at any time
by following the unsubscribe
instructions provided therein.
3. License to Access and use the Site and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the DraughtPick logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, “Content”) are the property of DraughtPick or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of DraughtPick or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Content and you will not reproduce, modify,
adapt, prepare derivative works based on, perform, display, publish,
distribute, transmit, broadcast, sell, license or otherwise exploit the
The DraughtPick logo, and any other DraughtPick product or service names, trademarks, logos, or
other indicia (“Marks”) that may appear on the Site are the property of DraughtPick or its subsidiaries, affiliates or third
parties, and may not be copied, imitated or used, in
whole or in part, without our prior written permission. Nothing contained in
the Site shall be construed as granting, by implication or otherwise, any
license or right to use any such Mark without the prior written permission of DraughtPick or such third party that may own such Mark.
Your misuse of any such Mark, or any other Content, is strictly prohibited.
Where DraughtPick has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, DraughtPick may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.
We implement a number of security
features to help guarantee and ensure to the greatest extent possible that your
information is safe. We use industry standard technologies when transferring
and receiving user data exchanged between DraughtPick
and third parties to ensure its security. User data may be stored on servers
maintained by our third party partners and subject to
their security safeguards which are periodically audited, with certifications
from accreditation bodies across geographies and verticals. All financial
transactions are made securely. Please see DraughtPick’s
additional information relating to the privacy and security of information
6. User Content
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
o Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
o Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
o Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.
Although we have no obligation to screen, edit or monitor User
Content, we reserve the right, and have absolute discretion, to remove, screen
or edit User Content posted or stored on the Site at any time and for any
reason, and you are solely responsible for creating backup copies of and
replacing any User Content you post or store on the Site at your sole cost and
7. Rights in User Content
We do not claim any ownership interest in your User Content.
However, by uploading, posting or submitting User Content to the
Site or to our pages or feeds on third party social media platforms (e.g., DraughtPick’s Facebook page, Instagram page or Twitter
feed), you hereby grant DraughtPick a nonexclusive,
royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and publicly display your User
Content, in whole or in part, in any manner or media and for any purpose
whatsoever at our sole discretion, including, without limitation, for
publicity, promotional, advertising, trade, business, illustration, artistic
and other commercial and noncommercial purposes, however, DraughtPick
will only share personal information that you provide in accordance with our
You acknowledge and agree that Company may disclose or use any User Content
that you Transmit for purposes that include, but are not limited to: (a)
enforcing these Terms; (b) complying with any laws, regulations or rules of any
federal, state or local government or agency; (c) responding to claims that any
User Content violates the rights of third parties; or (d) protecting the rights
or property of DraughtPick, its customers or the
Separate and apart from User Content, you can submit questions,
comments, suggestions, ideas, original or creative materials or other
information about DraughtPick, the Site or the
services (collectively, “Feedback”). Feedback is non-confidential and
shall become the sole property of DraughtPick. DraughtPick shall own exclusive rights, including, without
limitation, all intellectual property rights, in and to such Feedback and shall
be entitled to the unrestricted use and dissemination of this Feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to
9. Linked Sites
We have not reviewed all of the websites
linked to the Site and are not responsible for the content of any third-party
pages, any other websites linked to the Site, or any products or services
offered by third parties linked to the Site. Nothing in the Site, including,
without limitation, any links to other websites, should be construed as an endorsement
of any products, services or information of any other persons or companies by DraughtPick. Your choice to access a link to any other
website is at your own risk, and you agree to comply with all terms and
conditions relating to such websites. DraughtPick
reserves the right not to link, or to remove the link, to a particular website
at any time. Any links to third party websites are provided as a convenience to
you and are neither owned nor operated by DraughtPick.
We have no control over these linked websites and make no representations or
warranties with respect to these linked websites or
products or services. Your viewing and
use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at DraughtPick’s
option, defend DraughtPick from and against any and
all losses, damages, liabilities, costs (including reasonable attorneys’ fees)
(“Losses”) incurred by DraughtPick resulting
from any third-party claim, suit, action or proceeding relating to or arising
from your use of the Site, any User Content that you Transmit to or through the
Site, any Feedback you provide, any violation of these Terms by you, or any
other act or omission by you, including your violation of any rights of
another, arising from your use of the Site or any of its features. You further
agree that DraughtPick shall have control of the
defense or settlement of any third party claims,
unless DraughtPick exercises its option to require
you to defend DraughtPick. This indemnity is in
addition to, and not in lieu of, any other indemnities set forth in a written
agreement between you and DraughtPick.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DRAUGHTPICK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, DRAUGHTPICK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
DRAUGHTPICK DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. DRAUGHTPICK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DRAUGHTPICK DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DRAUGHTPICK SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
12. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAUGHTPICK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DRAUGHTPICK, OR FROM EVENTS BEYOND DRAUGHTPICK’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DRAUGHTPICK RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DRAUGHTPICK ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO DRAUGHTPICK FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DRAUGHTPICK’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS
UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. ARBITRATION AND CLASS ACTION WAIVER
YOU AND DRAUGHTPICK AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
During such 60-day
notice period, the parties will endeavor to settle amicably by mutual
discussions any Covered Disputes. Failing such amicable settlement and
expiration of the notice period, either party may initiate arbitration. The
arbitrator will conduct any arbitration proceedings by telephone or
videoconference unless in-person appearances are requested by you or DraughtPick and approved by the arbitrator. Any in-person
appearances will be held at a location mutually agreed upon by you and DraughtPick, or, in the absence of such agreement, at a location
determined by the arbitrator. The arbitrator will have the power to grant
whatever relief would be available in court under law or in equity and any
award of the arbitrator(s) will be final and binding on each of the parties and
may be entered as a judgment in any court of competent jurisdiction. Arbitrator
failure to do so will be deemed an excess of arbitral authority and grounds for
judicial review. DraughtPick and you agree that any
Covered Dispute hereunder will be submitted to arbitration on an individual
basis only. Neither DraughtPick nor you are entitled
to arbitrate any Covered Dispute as a class, representative or private attorney
action and the arbitrator(s) will have no authority to proceed on a class,
representative or private attorney general basis. If any provision of the
agreement to arbitrate in this section is found illegal or unenforceable, the
remaining arbitration terms shall continue to be fully valid, binding, and
enforceable (but in no case will there be a class, representative or private
be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16
(FAA) and, where otherwise applicable, by the laws of the State of New
14. Modifications to the Site
We reserve the right in our sole discretion to modify, suspend or
discontinue, temporarily or permanently, the Site (or any features or parts thereof)
at any time.
15. Special Admonitions for International Use
This Site is hosted in the United States of America. If you are
located outside of the United States of America and you contact us, please be
advised that any information you provide to us will be transferred to the
United States of America and that by submitting information, you explicitly
authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the
right, without notice and in our sole discretion, to terminate your right to
access or use the Site at any time and for any or no reason, and you
acknowledge and agree that we shall have no liability or obligation to you in
such event and that you will not be entitled to a refund of any amounts that
you have already paid to us, to the fullest extent permitted by applicable law.
17. Governing Law and Jurisdiction
operates the Site from New Hampshire, U.S.A. These
Terms and the transactions they contemplate, including without limitation their
interpretation, construction, performance and
enforcement shall be governed by the laws of the State of New Hampshire,
U.S.A., including its statutes of limitations, but without reference to
conflict or choice of law provisions, as applicable to contracts made and
performed entirely within such State. Except as otherwise provided in Section
18, the exclusive forum for the resolution of any dispute relating to these
Terms shall be in the state courts New Hampshire, U.S.A., or the United States
District Court for the District of New Hampshire, and each of the parties
agrees to personal jurisdiction of such courts with regard to any dispute
relating to these Terms, and you agree to service of process on you by e-mail
to the address you have submitted on the Site, if any, and by any other means
permitted by law.
All notices, demands, or consents given by you under these Terms
will be in writing and will be deemed given when delivered to DraughtPick at the following contact:
. Any notices to you may be made via either
e-mail or postal mail to the address in DraughtPick’s
records or via posting on the Site. Please report any violations of these Terms
to DraughtPick at the contact listed above.
If any term, clause or provision of these
Terms is held invalid or unenforceable, then that term, clause or provision
will be severable from these Terms and will not affect the validity or
enforceability of any remaining part of that term, clause or provision, or any
other term, clause or provision of these Terms.
20. Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
DraughtPick’s copyright agent for notice of claims of copyright infringement can be reached as follows:
M&M Brewhub, LLC d/b/a DraughtPick
Attn: Michael J. Moore
76 Webster Street, Suite 2
Manchester, NH 03104
These Terms constitute the entire agreement between you and DraughtPick relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DraughtPick. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DraughtPick’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.