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Terms of Use

This Terms of Use Agreement is effective as of August 1, 2008.

General

Drink Logger is brought to you by Snowbound Enterprises, Inc. ("Snowbound"). This Terms of Use Agreement (or "Agreement") is a legal agreement between you and Snowbound governing your participation and use of the Drink Logger site. By using, accessing or registering as a member of the Drink Logger site, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Drink Logger site and you should leave at once.

Snowbound can amend this Agreement by posting the amended terms on the Drink Logger site. Amended terms take effect when they are posted. By continuing to access or use the Drink Logger site after any such amendment, you agree to be bound by the terms of the amended Agreement.

The Drink Logger site is not targeted towards, nor intended for use by anyone under the legal drinking age. By using the Drink Logger site, you represent and warrant that you are of legal drinking age or older. If you are not at least of legal drinking age, do not use, access or register for the Drink Logger site. We reserve the right to terminate your membership in the event that Snowbound becomes aware you are under the legal drinking age.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through Drink Logger, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, or by Snowbound.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Drink Logger site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Drink Logger site.

Other than connecting to Drink Logger servers by HTTP requests using a Web browser, you may not attempt to gain access to the Drink Logger servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Drink Logger site or otherwise.

You acknowledge that Snowbound has not reviewed and does not endorse the content of any third-party sites linked to from Drink Logger and is not responsible for the content or actions of any other sites linked to from Drink Logger. Your linking to any service or site is at your sole risk.

Your failure to follow the rules laid out in this agreement may result in suspension or termination of your access to Drink Logger, without notice, in addition to Drink Logger's other remedies.

Membership

You may become a "User" of the Drink Logger site, which may grant you additional privileges, by completing the new account creation form. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement. You are responsible for safeguarding the password that you use to access any secure areas of the Drink Logger site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Snowbound of any unauthorized use of your password.

Content

Drink Logger may contain information about and links to third-party sites. Snowbound does not sell, resell or license any products listed on the Drink Logger site, nor is Snowbound acting as an agent of sale. Snowbound disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the third-party in question.

Drink Logger reports estimated blood alcohol content (BAC) levels that are for entertainment purposes only. BAC is dependent on many, many factors which can varying over the short term; most of these factors are not included in the BAC estimate provided by Drink Logger. As such, the estimated BAC level provided by Drink Logger should be considered just that: an estimate. You should NOT consider the estimated BAC to be a guideline for how much you can drink and still drive responsibly!

Copyrights

All content available on the Drink Logger site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Snowbound, with all rights reserved, or is the property of Snowbound or third parties protected by intellectual property rights.

Drink Logger, the Drink Logger logo, and other design elements of the Drink Logger site are all trademarks of Snowbound and may not be used without express written permission. Drink Logger's service marks and trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Drink Logger or Snowbound.

Miscellaneous

You acknowledge that Snowbound has no obligation to monitor your access to or use of the Drink Logger site, but has the right to do so for the purpose of operating the site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Drink Logger site or collect information from it.

By choosing to use the Drink Logger site, you agree to indemnify Snowbound, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of your usage of the Drink Logger site; or of your use of or connection to the Drink Logger site; your violation of the Terms of Use Agreement; or, your violation of any rights of another.

SNOWBOUND AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH DRINK LOGGER AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES OR WEBSITES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO ROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

This Agreement is governed by Colorado law as such laws apply to Agreements entered into and to be performed entirely within Colorado between Colorado residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the Drink Logger site shall be settled by binding arbitration in Boulder County, Colorado in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Boulder County, Colorado court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

This Agreement and our Privacy Policy, constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

THE DRINK LOGGER SITE AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The Drink Logger site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Drink Logger site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Snowbound liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Drink Logger site. In addition, Snowbound does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Drink Logger site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Snowbound, in its sole discretion, to a third party. You may not assign your obligations to another entity.

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Drink Logger site. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Snowbound.