TERMS OF SERVICE
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Brew Drone ("Brew Drone," "we," "us," or "our"), governing your access to and use of the website brewdrone.com (the "Site") and any related services provided by Brew Drone (collectively, the "Services"). By accessing or utilizing the Site or Services, you hereby affirm that you have read, understood, and agree to be bound by these Terms. Should you dissent from any provision within these Terms, you are expressly prohibited from accessing the Site or using the Services.
1. ACCEPTABLE USE
1.1. Users shall utilize the Site and Services solely for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Site and Services by, any third party. 1.2. Users shall not: a. Engage in any activity that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site. b. Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Brew Drone server, by hacking, password mining, or any other illegitimate means. c. Use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Site in a manner that sends more request messages to the Brew Drone servers than a human can reasonably produce in the same period by using a conventional web browser. d. Upload, post, or transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. e. Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. f. Impersonate or attempt to impersonate Brew Drone, a Brew Drone employee, another user, or any other person or entity. 1.3. Brew Drone reserves the right to suspend or terminate any User's access to the Site or Services for violation of this Section 1 without prior notice.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All content, features, and functionality on the Site, including but not limited to text, graphics, logos, images, software, and the design, selection, and arrangement thereof, are owned by Brew Drone, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 2.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Brew Drone. 2.3. You acknowledge that Brew Drone is the sole and exclusive owner of all rights, title, and interest in and to the "Brew Drone" name, logo, and all related names, logos, product and service names, designs, and slogans, which are trademarks of Brew Drone or its affiliates or licensors. You shall not use such marks without the prior written permission of Brew Drone.
3. LIMITATION OF LIABILITY
3.1. IN NO EVENT SHALL BREW DRONE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 3.2. BREW DRONE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO BREW DRONE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
4. TERMINATION
4.1. Brew Drone reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Site and Services for any reason, including, without limitation, any breach of these Terms, without prior notice or liability. 4.2. Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5. GOVERNING LAW AND JURISDICTION
5.1. These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State Here, e.g., Delaware], without regard to its conflict of law principles. 5.2. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal or state courts located in [Insert County, State, e.g., New Castle County, Delaware]. You hereby consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.
6. MISCELLANEOUS PROVISIONS
6.1. Entire Agreement: These Terms constitute the entire agreement between you and Brew Drone regarding your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 6.2. Waiver and Severability: No waiver by Brew Drone of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brew Drone to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 6.3. Contact Information: All questions, comments, or legal notices concerning these Terms or the Services should be directed to Brew Drone via email at [email protected].