Introduction

This document sets forth the terms and conditions (”Terms and Conditions”) governing your use of the Internet web site operated by Digital Outcrop, LLC (”Digital Outcrop”), located at “digitaloutcrop.com” (the “Site”), and the information and services made available on and through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you, the user, and Digital Outcrop, LLC.

Acceptance of Terms and Conditions

Your use of the Site includes the use of any applications, software, or other products or services (”Applications”) provided by the Site. Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site or Application. Please review these Terms and Conditions each time you use the Site as they are subject to change at any time by Digital Outcrop without notice to you. Any changes to these Terms and Conditions will be effective immediately upon posting to the Site. Digital Outcrop reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.

Intellectual Property

The text, graphics, designs, logos, button icons, images, audio clips, data compilations, and information (”Content”) contained on the Site and Applications are owned or controlled by Digital Outcrop or its respective owners and are protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.

Nothing contained herein shall be construed as conferring any license or right to any patents, copyright, or trademark embodied in the Site. All right, title, and interest in the Content and the Trademarks shall reside solely with Digital Outcrop or the respective owners thereof.

Digital Outcrop does not want to receive confidential or proprietary information from you through the Site, and any information or material sent to Digital Outcrop through the Site in respect of any products or service referenced or offered on the Site will be deemed NOT to be confidential. By sending Digital Outcrop any information or material regarding our services, you grant Digital Outcrop an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Digital Outcrop is free to use any ideas, inventions, concepts, know-how, or techniques that you send Digital Outcrop for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services.

Availability

We reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain additional terms governing eligibility.

Disclaimer

THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIGITAL OUTCROP, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE, OR ERROR-FREE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER WEB SITE TO WHICH THIS SITE LINKS, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL DIGITAL OUTCROP, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, ANY APPLICATION, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DIGITAL OUTCROP HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT.

Mixologist/Mixology Disclaimer

Mixologist and Mixology are intended for responsible adults of legal drinking age who wish to try new drinks, get information about alcoholic beverages, drinks and cocktails, or explore the bartending profession. This software is purely intended for entertainment purposes.

Digital Outcrop is not advocating the abuse of alcoholic beverages, and if you try recipes and other material provided by Mixologist/Mixology, do so with caution. Digital Outcrop does not promote misuse of alcohol, alcoholism, hazing, binge drinking, or any other form of alcohol abuse.

Digital Outcrop cannot take any responsibility for the effect these drinks may have on people. Drinks submitted by users have not been tested. Some drinks may be bad for your health and have been included more as a novelty. Information on Mixologist/Mixology may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

Digital Outcrop urges the following: Do not drink and drive. Do not drink excessively. Excessive consumption of alcohol may cause irreparable damage or harm to your body and may be lethal. Pregnant women and women who may become pregnant should abstain from alcohol.

Governing Law and Venue

These Terms and conditions are governed by the internal substantive laws of the State of Texas in the United States of America, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under from the use of the Site or these Terms and Conditions shall lie exclusively with the state and federal courts within the State of Texas. You hereby irrevocably consent to the jurisdiction of the state and federal courts within the State of Texas.

Waiver

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Digital Outcrop, LLC to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.

Changes

The information contained in these Terms and Conditions may be changed or updated by Digital Outcrop from time to time and without prior notice by posting the modified Terms and Conditions to the Site. Digital Outcrop may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. It is your obligation to review these Terms and Conditions on an ongoing basis. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site.