Welcome to DraughtLab Learning!
These DraughtLab Learning Public User Terms of Service (the "Public User Terms") describe your rights and responsibilities when using Our DraughtLab Learning online tools and mobile applications (the "Services") as a public user. If you have been invited by one of Our Customers to join an Organization, you are NOT a Public User. Customers and their Authorized Users are subject to different terms of service. If you are not a Customer or Authorized User, these Public User Terms apply to you as a user of the Services. You should read the entire Public User Terms carefully before accessing, downloading, and/or using the Service.
These "Public User Terms" Are a Legally Binding Contract
These Public User Terms are a legally a binding contract between you and Us. As part of these Public User Terms, you agree to comply with the most recent version of Our DraughtLab Learning Public User Acceptable Use Policy (the "Acceptable Use Policy"), which is incorporated by reference into these Public User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to these Public User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the changed Public User Terms and the Acceptable Use Policy, as applicable. "We", "Our" and "Us" refers to Lean Sensory Systems, Inc., doing business as DraughtLab.
You Must be Over the Legal Age
We do not allow use of Our Services and Websites by anyone younger than the age of sixteen (16) or the age of majority, whichever is older. If you learn that anyone younger than sixteen (16) or the age of majority, as applicable, has unlawfully provided Us with personal data, please contact Us and We will take steps to delete such information.
You Own Your Content
You are responsible for your use of the Services and liable for all content and data to the Services, such as tasting or event data, images, photos, messages, reviews, folders, data, text and other types of works ("User Content"). You retain ownership of all User Content submitted to the Services. Subject to the terms and conditions of these Public User Terms, you grants Us a worldwide, non-exclusive, perpetual and non-revocable license to access, use, process, copy, distribute, perform, export and display Customer Content as necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the DraughtLab Learning Data Request Policy; and (d) as expressly permitted in writing by the you. You represent and warrant that you have secured all rights in and to the Customer Content as may be necessary to grant this license.
We Own Our Content
We own and will continue to own Our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to the you a non-sublicensable, non-transferable, non-exclusive, limited license for you to use the object code version of these components, but solely as necessary to use the Services and in accordance with these Public User Terms and the Acceptable Use Policy. All of Our rights not expressly granted by this license are hereby retained.
Our Removal Rights
If there is a violation of these Public User Terms that can be remedied by the removal of certain User Content, We may directly remove that content.
Suggestions and other feedback from Our users help make the Services better. If you send Us any feedback or suggestions regarding the Services, there is a chance We will use it; so, you grants Us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any and all such feedback or suggestions for any purpose without any obligation or compensation to the you. While We may not choose to implement all suggestions, We appreciate them nonetheless.
You represent and warrant that you have validly entered into these Public User Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS IN THE AGGREGATE.
To the maximum extent permitted by law, you hereby acknowledge and agree that Our liability is limited (at Our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of pre-paid fees for their subscription covering the remainder of the term.
You will, at Our option, defend Us from and against any and all third-party claims, actions, suits, proceedings, and demands arising from or related to the your violation of these Public User Terms (a "Claim Against Us"), and will indemnify Us for all reasonable attorney's fees incurred and damages and other costs awarded against Us in connection with or as a result of, a final non-appealable judgment from a court of competent jurisdiction or settlement the Public User approves of in connection with a Claim Against Us. We must provide the Public User with a prompt written notice of any Claim Against Us and allow the Public User the right to assume the exclusive defense and control and We must cooperate with any reasonable requests assisting the Public User's defense and settlement of such matter. This section states your sole liability with respect to, and Our exclusive remedy against the Public User for any Claim Against Us.
The sections titled "Disclaimer of Warranties", "Limitation of Liability," "Indemnification," and "Survival," and all of the provisions under the general heading "General Provisions" will survive any termination or expiration of the Public User Terms.
You acknowledge and agree that all content presented in the Services, excluding Customer Content, are protected by copyrights, trademarks, patents or other proprietary rights owed by Us, Our suppliers and/or other third-parties with whom Customer and its Authorized Users may come in contact. DraughtLab Learning and the names, logos, and icons of all Our products, software, and the Services may be either trademarks or registered trademarks of Lean Sensory Systems, Inc. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Contract are reserved.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third-party is infringing that material on or through Our Service, please follow the instructions in Our DraughtLab Learning Intellectual Property Policy.
Email and In-service Messages
Except as otherwise set forth herein, all notices under these Public User Terms will be by email or We may instead choose to provide notice by messaging through the Services. Notices to Us must be sent to legal@draughtlab.com. Notices will be deemed to have been duly given (a) the next business day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
Privacy Policy
Please review Our DraughtLab Learning Public User Privacy Policy (the "Privacy Policy") for more information of how We collect and use data relating to the user and performance of Our Services.
Modifications
As Our business evolves, We may change these Public User Terms or the Acceptable Use Policy. If We make a material change to these Public User Terms or the Acceptable Use Policy, We will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of these Public User Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in these User Terms. Any material revisions to these Public User Terms will become effective on the date set forth in Our notice, and all other changes will become effective on the date We publish the change. If you use the Services after the effective date of any change, that use will constitute your acceptance of any revised terms and conditions.
Waiver
No failure or delay by either party in exercising any right under these Public User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under these Public User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
These User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of these Public User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Public User Terms will remain in effect.
Assignment
You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without Our prior written consent (not to be unreasonably withheld). We may assign these Public User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Our assets.
Governing Law; Venue; Fees
The parties will mutually attempt to settle any disagreements through amiable negotiations. If the disagreement cannot be settled through negotiations, then these Public User Terms and any disputes arising out of or related hereto, will be governed exclusively by the applicable the laws of the State of New York, without regard to conflicts of laws, rules or the United Nations Convention on the International Sale of Goods. Each party hereby agrees to submit to the exclusive jurisdiction of the Supreme Court of the State of New York, with venue in Monroe County, New York, or of the United States District Court for the Western District of New York with venue in Monroe County, New York in any action or proceeding arising out of or related to these Public User Terms, including terms and conditions incorporated by reference. The prevailing party will be entitled to recover its reasonable costs and attorney's fees.
Third-party Websites, Content and Services
You may be able to access third-party websites, content or services via the Services ("Third-party Materials"). You acknowledge and agree that We are not responsible and do not assume any liability for the accuracy, legality, or any other aspect of these Third-party Materials. You are solely responsible for your dealings with third parties. Your use of Third-party Materials may be subject to that third-party's terms and conditions. The ability to access such third-party materials is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied.
Entire Agreement
These Public User Terms, including any terms and conditions incorporated by reference into these Public User Terms, constitute the entire agreement between you and Us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Public User Terms and any pages referenced herein, the terms of these Public User Terms will first prevail.
Export Regulation and Geographic Restrictions
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US. You acknowledge that the ability to access all or some of the User Content and the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the User Content and the Services from outside the United States, you are responsible for compliance with local laws.
Contacting Us
Please also feel free to contact Us if you have any questions about Our User Terms. You may contact Us at info@draughtlab.com or at Our mailing address below:
DraughtLab
PO Box 585
Webster, NY 14580-0585
United States