TERMS OF USE

Welcome to MyBeerlist.co (the “Site”), an on-line service owned and operated by MyDynaMenu, Inc. (“MyDynaMenu”), Whether you simply browse the Site and its contents, or open an account, the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or the “Agreement”), govern your access to the Site, including any content, functionality, software and services (collectively the “Service”) offered on or through the Site. As the Service may include software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update the software and that these Terms of Use will apply to such updates.

Please read these Terms of Use carefully before you browse the Site or open an account, and contact us if you have any questions. By accessing the Site or by clicking to accept these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.mybeerlist.co, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site or the Service.

We may revise and update these Terms of Use (or any of our operating rules, policies and procedures) from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Service thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. Check this page frequently so you are aware of any changes, as they will be binding on you.

If you have any questions regarding this Agreement or the Service, please contact info@mybeerlist.co. This Agreement was last revised on January 12, 2017.

1. Site Access

1. License Grant. Subject to the payment of the applicable fees, if any, MyDynaMenu grants you a limited license to access and use the Site and Service for personal or internal business purposes only, and makes no representation that the Site, or Service are appropriate or available for use at locations outside the United States. Access to the Site from territories where the Site or Service are illegal is prohibited. The Site is intended for users in the United States only. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. In order to open an account, you warrant and represent that you are eighteen (18) years of age or older. You shall be solely responsible for the hardware, interconnections and telecommunication services required to access and use the Service.

2. License Restrictions. MyDynaMenu reserves any rights not expressly granted herein. You may not: (a) copy the Service or any software or programming related thereto; (b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Service or any software or programming related thereto; (c) rent, lease, transfer, resell and/or or otherwise transfer rights to the Service or offer services to third parties based on the Service; or (d) delete or write over any portion of any software relating in any manner to the Service. You agree that you shall only use the Service in a manner that complies with all applicable laws, and that you shall not violate or infringe the rights of any third party. You also agree that you will only access the Site and the Service using the interface provided and that you will not use the Site to offer services other than those specified on the Site or use the Site or Service for purposes other than those specified. Any such forbidden use shall immediately and automatically terminate your license to use the Service without notice.

2. Account Creation and Security

1. Account Creation. In order to create an account, you must possess the necessary authority to accept these Terms of Use. You will be required to provide certain registration details and other information. You are responsible for the accuracy of the information you provide and for updating it as necessary. To understand how we use that information, please review our Privacy Policy, the terms of which are incorporated into this Agreement by reference. You consent to all actions we take with respect to your information consistent with our Privacy Policy. You further agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; and (b) be financially responsible for your use of the Site. MyDynaMenu reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Service based on credible evidence that any information you posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason in MyDynaMenu’s sole discretion.

2. Passwords. When you set up your account, you will be required to create a user name and password. As you will be responsible for all activity that occurs under your password, including any damages resulting from the unauthorized use of your password, keep your password confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, any provision of these Terms of Use have been violated.

3. User Content

1. Interactive Service. The Site provides registered users with interactive services and functionality so that they may post, submit, publish, upload or transmit content, materials and information (“User Content”) via the Site in order to create and update a personalized mobile app (the “Mobile App”).

2. User Content. All User Content must comply with the Acceptable Use Policy set out in these Terms of Use. You understand and acknowledge that you are responsible for your User Content, and that you have full responsibility for its legality, reliability, accuracy and appropriateness. MyDynaMenu expressly disclaims all liability to any third party for the content or accuracy of any User Content. By uploading User Content via the Service, you represent and warrant that you have the right, power, and authority to your User Content to upload it and grant the licenses specified below. You further represent and warrant that the User Content does not violate the rights of third parties, including, without limitation, intellectual property rights, moral rights, and the rights of publicity, and privacy. To the extent your User Content may be copyrightable or include trademarks, you represent, warrant, and covenant that you are the owner of the copyright and trademarks and that MyDynaMenu may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.

3. License Grant to MyDynaMenu. You retain all ownership rights in your User Content. To the extent permitted by applicable law, you grant to MyDynaMenu a royalty free, sub­licensable, transferable, perpetual, irrevocable, non­exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Service, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

4. Payment

All charges shall be at the then current prices. Upon registering, you hereby authorize MyDynaMenu to charge your credit or debit card to pay the monthly subscription fee and any charges that may apply to your account as they accrue and to store your credit card details as your method of payment. You must notify MyDynaMenu of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit MyDynaMenu from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate suspension or termination of your account by MyDynaMenu. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other assessed taxes, other than taxes based on MyDynaMenu's net income.

5. Intellectual Property Rights

1. Reservation of Rights. All site content, including, without limitation, text, photos, images, graphics, audio and video clips, logos and other files (collectively the “Content”) and the selection and arrangement thereof are protected by United States and international copyright, trademark, and/or other intellectual property laws. Except as expressly provided for in this Agreement, MyDynaMenu and/or its licensors retain any and all right, title and interest in and to the Content. You may not copy, modify, translate, publish, perform, broadcast, transmit, download, distribute, display, prepare derivative works of, sell or otherwise exploit any Content appearing on or through the Site for public or commercial purposes without our prior written consent and that of our licensors or suppliers if relevant. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or to remove or alter any proprietary notices, labels, or trademarks within the Content or in the Site. You shall not “mirror” or “frame” any material contained on this Site on any other server without prior written permission from MyDynaMenu.

2. Proprietary Rights. The Service, including, without limitation, any of MyDynaMenu’s and/or or its licensors’ Internet operations, design, content, hardware designs, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of MyDynaMenu and/or its licensors, and you shall have no interest in them whatsoever.

3. Trademarks. MyBeerList.co, MyDynaMenu and their logos are trademarks of MyDynaMenu. All other trademarks are the property of their respective owners. You are not permitted to use any trademark displayed on the Site without the prior written consent of MyDynaMenu or the owner of such trademark. The design, layout or look and feel of the Site and Content are protected by trademark, trade dress, unfair competition and other laws and may not be copied or imitated in whole or in part.

4. User Feedback. While MyDynaMenu may provide you with an opportunity to provide comments or ask questions regarding the Service, we do not want nor do we solicit confidential or proprietary information from you. Any unsolicited information you provide, including but not limited to feedback, suggestions, data, or plans or ideas for products or services, shall be deemed non-proprietary and non-confidential and MyDynaMenu shall have no obligation to protect such information from further disclosure or distribution. By providing us with such information, you are granting us an unrestricted and irrevocable right to reproduce, use, publish, broadcast, disclose, display, perform, modify, transmit, distribute or otherwise use and exploit the information without restriction and without compensation.

6. Acceptable Use Policy

1. Generally. While using the Service, you agree to comply with all applicable laws, rules and regulations and agree not to engage in unacceptable use of the Site or the Service. You shall be responsible for determining what laws or regulations are applicable to your use of the Site and the Service. In addition, you may only use the Site and Service in a manner that, in MyDynaMenu’s sole judgment, is consistent with their purpose. You shall not post or transmit or store material through the Service which, in the sole judgment of MyDynaMenu: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site or Service; or (ii) interfere with or disrupt or attempt to interfere with or disrupt the security of the Site or otherwise cause harm to the Site or its servers.

2. User Conduct. You are solely responsible for your User Content and Mobile App. Subject to the restrictions in Section 6 hereof:

• Your computer may temporarily store copies of materials from the Site in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide social media features with certain Content, you shall take such actions as are enabled by such features to protect our rights in such Content.

You must not:

• Modify copies of any materials from this site or use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

3. Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or Service:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Acceptable Use Policy set out in these Terms of Use.

Additionally, you agree not to:

• Use the Site or Service in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site or Service, including their ability to engage in real time activities through the Service.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Site or Service.

• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site or Service.

7. Availability; Service Updates

1. Availability. MyDynaMenu makes reasonable efforts to ensure that the Site and Service is available 24 hours a day 7 days a week. You agree that from time to time the Site or portions thereof may be inoperable or inaccessible for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of MyDynaMenu or which are not reasonably foreseeable. Some Content may have been created in file formats which are not error-free and we do not guarantee that the Site or Service will not be affected by such errors. You are responsible for all costs and charges that you may incur in order to access and use the Site and the Service, including data charges. You are responsible for ensuring that you sufficient equipment, Internet access and bandwidth to properly access and use the Site and the Service.

2. Service Updates. MyDynaMenu may from time to time provide updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”) to the Service. Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. MyDynaMenu reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof without notice. You agree that MyDynaMenu will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

8. Linking

As a convenience to you, the Site may contain links to other websites (“Linked Sites”), including Social Media Sites, that may not be owned or operated by MyDynaMenu. The provision of such links does not constitute an endorsement by MyDynaMenu of the Linked Sites or their content. MyDynaMenu has no control over the Linked Sites and accepts no responsibility for the contents of a Linked Site or to any problems which may arise as a result of such linking, including, but not limited to, computer viruses and service interruptions.

9. Indemnification

You agree to immediately notify MyDynaMenu of and indemnify and hold MyDynaMenu its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) due to or arising out of your use of the Service, (including the unauthorized use of your account or any other breach of security known to you), the violation of this Agreement by you, or the infringement by you, or another user using your computer, or any intellectual property or other right of any person or entity.

10. Relationship of the Parties

This Agreement does not create or imply any relationship of agency, franchise, partnership, employment or joint venture between MyDynaMenu and You.

11. DISCLAIMER OF WARRANTIES

THE SITE, SERVICE, MOBILE APP AND ALL MATERIALS ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, MYDYNAMENU MAKES NO WARRANTY THAT: (i) THE SITE, SERVICE AND MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) ANY ERRORS OR DEFECTS IN THE SITE, OR CONTENT, WILL BE CORRECTED; OR (iii) THE QUALITY OF THE SITE, SERVICE OR MOBILE APP WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS.

THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. eTAXDESK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER HARMFUL CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE. THE SITE AND CONTENT MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MYDYNAMENU MAY MAKE CHANGES TO THE SITE OR THE CONTENT, INCLUDING PRICES, AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE. THE SITE AND CONTENT MAY BE OUT OF DATE. MYDYNAMENU MAKES NO COMMITMENT TO UPDATE THE SITE OR THE CONTENT.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL MYDYNAMENU, ITS LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST FEES, OR EXPENSES OF ANY KIND IN ANY MANNER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THESE LIMITATIONS WILL APPLY, WHETHER OR NOT FORESEEABLE, EVEN IF MYDYNAMENU HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR TORT. IN NO EVENT WILL THE LIABILITY OF MYDYNAMENU HEREUNDER EXCEED THE FEES PAID BY USER DURING THE TWELVE MONTHS IMMEIDATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

IN NO EVENT WILL MYDYNAMENU, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICE, OR MOBILE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), MyDynaMenu will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

• a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;

• identification of the copyrighted work(s)claimed to have been infringed;

• identification of the Material(s) that you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;

• information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;

• a statement by you that you have a good faith belief that the use of the Materials identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and

• a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

MyDynaMenu’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims

MyDynaMenu, LLC

Email: info@mybeerlist.co

15. Notices.

Unless otherwise provided herein, notices given by MyDynaMenu to you will be given by e-mail or by conventional mail. Notices will be sent to the e-mail address or mailing address you provide as part of the registration process, or to updated addresses which you provide to MyDynaMenu via notice consistent with this paragraph. Notices given by you to MyDynaMenu must be given by e-mail to info@mybeerlist.co or such updated address as Company may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to MyDynaMenu shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

16. Miscellaneous

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure by MyDynaMenu to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyDynaMenu in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the City and County of Denver, Colorado (the “Denver Courts”) for any litigation or dispute arising out of or relating to this Agreement.

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