Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Welcome to BeerHole. BeerHole, Inc. (“BeerHole,” “we,” “us” and/or “our”)
provides an online beverage, and food delivery service that brings individual
users and vendors together. Our services, which include our website(s), products, services
and applications, including BeerHole’s iOS app(s), BeerHole’s Android app(s), and other
applications (the "Services”) are accessible at www.myBeerHole.com (the “Site”), our
Android and iOS mobile applications (each, an “App”), and various online tools and services.
The term “you” or “your” where appropriate, may refer to individual users (each, a “User”),
whether such user is an individual user or authorized user within a Company). If you are
accessing the Service on behalf of a company, corporation or other entity, then “you,” “your,”
“Company” and “User” refers to that entity.
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY
WITH APPLICABLE LAWS AND REGULATIONS.
By using, viewing, browsing, accessing or submitting any content or material on the Service,
whether or not you become a registered user of the Services, and you represent and warrant
that you are twenty-one (21) years old or older. Should you NOT accept these Terms or you are
younger than twenty-one (21) years old, you must neither access nor otherwise use the
• Eligibility. You must be at least 21 years of age to access and use the Services.
Any use of the Services is void where prohibited. By accessing and using the Services, you
represent and warrant that you have the right, authority and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this Agreement. If you are
accessing the Services on behalf of a corporation or other entity, you represent and warrant that
you are authorized to do so. Using the Services may be prohibited or restricted in certain
countries, in which case you are not allowed to access or use the Services if you are in one of
those countries. If you use the Services from outside of the United States, you are responsible
for complying with the laws and regulations of the territory from which you access or use the
Site or Services.
• Overview of Services. BeerHole is an online mobile and web-based service
that connects individual users with vendors, liquor stores, hookah stores, and other
establishments serving food or similar products. Individuals can use the Services to order
online and have their product delivered via a BeerHole courier (i..e a “Company” user) use
the Services to promote their product offerings and sell through BeerHole’s service. While the
Services allow Users to interact directly with each other and promotes different liquor stores,
hookah stores, and restaurants, BeerHole is not itself a liquor store, hookah store, or
restaurant and is in no way affiliated with these vendors or their licenses or affiliates other than
as set forth herein. Unless explicitly specified otherwise in this Agreement or on the Services,
BeerHole’s responsibilities are limited to facilitating the availability of the Services. For
information regarding the Services and how they work, please visit the Site.
• User Registration.
• Account Sign Up. Although you may browse the Services without registering
after entering a birthday to confirm you are over 21 years old, all Users (including both free and
subscription-based users as well as Company users) will need to first register with the Services
in order to use it. Company’s may register for the Services by visiting the Site and following the
Site’s instructions and prompts. Individual Users may register for the Services by downloading
the App from the applicable app store (i.e. Apple App Store or Google Play Store) and follow the
sign-up prompts within the App. We also reserve the right to disallow anyone from registering
for the Services.
• Registration Data. When you register for the Services, you may be required to
provide information about yourself, such as your name, username, email address, gender, and
certain other personal or business information (“Registration Data”) as prompted by any
Services registration form. To be a registered user of the Services, you hereby agree to: 1)
provide true, accurate and complete Registration Data and other information required upon sign
up; and 2) maintain and promptly update your Registration Data to keep it accurate and
complete. Users may also register for the Services using their Google or Facebook account.
BeerHole reserves the right to suspend or terminate your access to and use of the Service,
or any portion thereof, on the basis of inaccurate or incomplete Registration Data. When you
register, you authorize BeerHole and its licensees, affiliates, successors, and assigns to
collect, use, store, and disclose Registration Data for purposes consistent with BeerHole’s
• Company Subscriptions and Users. As set forth on the Site, BeerHole offers
corporate subscriptions to Company users (i.e. breweries, tap rooms, and other similar
businesses. Company Subscriptions allows a Company to provide access to multiple
employee, representative, consultant, contractor, or agent accounts of Company (each, a
“Company User”) to use the Services. On sign up, Company’s will designate an
administrator-level user to manage the Company’s BeerHole account (each, an
“Administrator”). Administrators may then invite each Company User to join the Services and
input the Company’s account login information. Companies will also provide information such
as parking information, flight availability, if the brewery is pet/family friendly, beer menus, food
menus, hours, phone numbers, owner’s name(s), and calendar events. Once signed into the
Services, Company Users may take advantage of all of the service offerings and features
available on the Services. Except as otherwise noted in any separate subscription agreement,
Company Subscriptions will be bound by the terms and conditions of this Terms.
• Protecting Login Credentials. You will be required to select a username and
password (“Login Credentials”) when completing the registration process. Company Users will
also be provided a token code to access the Services. Whether you are an individual or
Company User, you are solely and fully responsible for maintaining the confidentiality of your
Login Credentials, and you are solely and fully responsible for all activities occurring under your
username and password. You may not share your account information, or allow access to your
account, by any third party. You agree to use reasonable efforts to prevent unauthorized access
to or use of the Services and to preserve the confidentiality of your Login Credentials, and any
device that you use to access the Services. To that end, you agree to immediately notify your
Company representative or BeerHole at the contact information provided herein of any
unauthorized use of your username and password or any other breach of security. BeerHole
shall not be liable for any loss, damage or other liability arising from your failure to comply with
this section or from any unauthorized access to or use of your account.
• Company Responsibilities. Notwithstanding the foregoing, each Company is
solely responsible for all activity occurring under its Company User accounts and shall abide by
all applicable local, state, national, and foreign, laws, treaties and regulations in connection with
Company’s use of the Services, including those related to data privacy, international
communications, and the transmission of technical or personal data. Each Company, via an
authorized User, shall: (i) notify BeerHole immediately of any unauthorized use of any
password or account or any other known or suspected breach of security; and (ii) not
impersonate another Service user or provide false identity information to gain access to or use
• Disputes or Chargebacks. If you believe you have been incorrectly
charged by BeerHole, you must contact us in writing within 30 days of the billing date for the
charge in question to be eligible to receive an adjustment or credit. If you initiate a chargeback
or otherwise reverse a payment made with your Payment Method, BeerHole may in its
discretion terminate your account immediately. If we successfully dispute the reversal, and the
reversed funds are returned, you are not entitled to a refund or to have your account or
• Taxes. You will be liable for any taxes (including VAT, if applicable) required to be
paid for the Services provided under this Agreement (other than taxes on BeerHole income).
• Reservation of Rights. BeerHole reserves the right to modify its fees and
charges and to introduce new charges, upon at least 30 days prior notice to you, which notice
may be provided by email. Unless otherwise set forth in the notification, all pricing changes will
take effect on the first applicable billing date after the 30 day notice period for your Subscription.
• User License.
• License to You. Subject to this Agreement, BeerHole policies, and to the
extent permitted under all applicable laws and regulations, BeerHole grants you a personal,
limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access
and use the Services solely for your own personal, non-commercial use.
• License Limitations. You may not directly rent, lease, lend, sell, redistribute or
sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt
to derive the source code of, modify, or create derivative works of any portion of the Services,
any updates, or any part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law), nor attempt to disable or circumvent any security or other
technological measure designed to protect the Services or any content available through the
Services. If you breach these license restrictions or otherwise exceed the scope of the licenses
granted in the Terms, then you may be subject to prosecution and damages, as well as liability
for infringement of intellectual property rights, and denial of access to the Services.
• Applicability to Updates. The terms of these Terms will govern any updates
provided to you by BeerHole that replace and/or supplement the Services unless such
upgrade is accompanied by a separate license or revised Terms, in which case the terms of that
license or revised Terms will govern.
• Acceptable Use Policy.
• Your Responsibilities. By registering for, accessing, and using the Service, you
understand and agree that you are responsible for the following:
• Your compliance with this Agreement;
• Taking appropriate security measures to prevent the unauthorized disclosure of
your Login Credentials;
• The accuracy, quality, integrity, legality, reliability, and appropriateness of the
content you submit to the Services;
• Complying with applicable local, state, federal and international laws, regulations,
and ordinances with respect to your use of the Services, including but not limited to those
related to the protection of intellectual property, data privacy, international communications, and
the transmission of technical or personal data;
• All activity that occurs under your account; and
• Procuring all necessary rights to use any third-party software (e.g., web browser),
services (e.g., internet access) or equipment that may be needed to use the Services.
• Restrictions on Use. You further agree not to:
• Use any content or information available through the Services for any
unauthorized or commercial purpose;
• use the Services or any portion thereof for any purpose in violation of local, state,
national, or international law;
• post any prohibited User Content (as defined below)
• use the Services to advertise or solicit any user to buy or sell any products or
services not offered by BeerHole;
• attempt to solicit or raise money for any purpose;
• solicit, or attempt to solicit, users to visit a third-party site;
• interfere with or damage the Services including, without limitation, through the
use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or
IP spoofing, forged routing, or methods that in any way reproduce or circumvent the
navigational structure or presentation of the Services or its contents;
• collect, store, or distribute any information about any other user other than in the
course of the permitted use of the Services;
• solicit, or attempt to solicit, personal information from other users;
• restrict, discourage or inhibit any person from using the Services, disclose
personal information about a third person on the Services or obtained from the Services without
the consent of such person, or collect information about users;
• gain or attempt to gain unauthorized access to the Services, to other users’
accounts, names or personally identifiable information, or to other computers or websites
connected or linked to the Services;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of email
addresses, wireless addresses or other contact or personal information, or any other automatic
means of obtaining lists of users or other information from or through the Services;
• impersonate any person, company, or entity;
• restrict or inhibit any other user from using or enjoying the Services;
• intentionally or unintentionally violate any applicable law or regulation;
• Send or otherwise transmit to or through the Services chain letters, unsolicited
messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising
goods and services;
• access, tamper with, or use non-public areas of the Services, BeerHole’s (and
its hosting company’s) computer systems and infrastructure, or the technical delivery systems of
BeerHole’s providers; or
• assist any third party in doing any of the foregoing.
• User Content. The Services allows you to post or submit content to or through
the Services, including, without limitation, written materials, photographs, videos, messages,
documents, images, or any other information or audiovisual material (collectively, “User
Content”). You are solely responsible for User Content that you post or submit to or through the
BeerHole does not monitor or approve content posted or submitted to the Services by any
other user; however, we may, in our sole and unfettered discretion, screen, edit, remove, or
delete any User Content at any time, for any reason and without notice.
BeerHole also does not endorse any User Content or any opinion, recommendation, or
advice expressed therein, nor is BeerHole responsible for the accuracy or reliability of any
opinion, advise, or statement made by anyone on or through the Services other than an
authorized BeerHole representative speaking in his or her official capacity. BeerHole
expressly disclaims any and all liability in connection with User Content.
• License to User Content. By posting or submitting User Content on the Services,
you grant and warrant that you have the right to grant (or have obtained all necessary third party
permissions to grant) to BeerHole and its licensees, affiliates, successors, and assigns, a
perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicensable right
and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create
derivative works based on, perform, display and otherwise exploit User Content anywhere in the
world, in whole or in part, in any media now known or hereafter developed, for purposes of
operating and providing the Services to you, for promotional or commercial purposes, and
otherwise in connection with the Services.
You also grant all other users of the Services a non-exclusive, irrevocable, worldwide,
royalty-free license to access, view, and reproduce User Content for non-commercial, personal
purposes as permitted through the functionality of the Services. These rights are limited and
You are solely responsible for all User Content. You represent and warrant that you own all your
User Content or you have all rights that are necessary to grant us the license rights in your User
Content under these Terms. You also represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available through the Services, nor any
use of your User Content by us on or through the Services will infringe, misappropriate or violate
a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation
of any applicable law or regulation. You further represent and warrant that you have obtained all
necessary consent and authority from any individual whose likeness appears in any of User
Content which you post on or submit to the Services to: 1) post and submit such content on or
to the Services; and 2) permit BeerHole and our licensees, affiliates, and successors to use
such content in accordance with the foregoing license.
You hereby waive, represent, and warrant that you have obtained the waiver of any and all
moral rights in User Content that you submit or post on or through the Services including,
without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction
• Prohibited User Content. As a condition of accessing and using the Services,
you agree not to post or submit User Content that:
• promotes drinking and driving or irresponsible consumption of alcohol, is
unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic,
indecent, lewd, racially offensive, suggestive, harassing, threatening, or would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or
international law or regulation;
• violates or infringes upon the rights of others (including BeerHole) including,
without limitation, privacy or publicity rights, intellectual property rights including, without
limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first
obtaining permission from the owner or rights holder;
• promotes malice or harm of any kind against any group or individual;
• solicits user passwords, financial information, or personal identification for
• contains a virus, spyware, malware, or harmful software; or
• constitutes junk mail, unsolicited mass mail, or spam; or
• promotes the services of a direct competitor of BeerHole.
The foregoing is only a partial list of the kind of User Content which is prohibited on the
Services. BeerHole reserves the right to investigate and take appropriate action, legal or
otherwise, in its sole discretion against anyone who violates this section including, without
limitation, removing the offending content from the Services and terminating the violator's
• Proprietary Rights. Unless otherwise noted, BeerHole owns and retains all
proprietary rights in the Site and the Services, and in all content, trademarks, trade names,
service marks, graphics, designs, copyrights, trade dress, and other intellectual property rights
related thereto. The Services contains the copyrighted material, trademarks, and other
proprietary information of BeerHole and its licensors. All other trademarks not owned by
BeerHole (or its affiliates) that appear on the Services are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by BeerHole or its
affiliates. You agree to not copy, modify, transmit, create any derivative works from, make use
of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks,
or other intellectual property or proprietary information accessible on or through the Services,
without first obtaining the prior written consent of BeerHole or, if such property is not owned
by BeerHole, the owner of such intellectual property or proprietary rights. You agree to not
remove, obscure or otherwise alter any proprietary notices appearing on any content, including
copyright, trademark and other intellectual property notices.
• Copyright Policy; Take-Down Requests. In submitting or otherwise uploading any
User Content to the Services, you may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or proprietary information without obtaining the prior written
consent of the owner. If you believe that your work has been copied and posted on the Services
in any way that constitutes copyright infringement, please provide our Copyright Agent with the
• an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the
Services (and such description must be reasonably sufficient to enable BeerHole to find the
alleged infringing material, such as a url);
• your address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to BeerHole’ Copyright Agent
at the following address:
BeerHole will process proper Take-Down Requests, will promptly remove or disable access
to any offensive or infringing content, and will terminate the accounts of repeat infringers.
• Interactions with Other Services Users. You understand that, except as specified
herein, BeerHole does not screen users or perform criminal background checks of other
users. BeerHole makes no representations or warranties as to user conduct. BeerHole
reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take
any action in good faith to restrict access to or the availability of any User Content which BeerHole considers prohibited.
You are solely responsible for interactions with other Services users. BeerHole shall not be
responsible for any damage or harm resulting from your interactions with other users of the
Services or for the conduct of such users, whether online or offline, and you irrevocably release
BeerHole, Inc., its employees, agents, affiliates, directors, officers, representatives,
subcontractors, licensors, successors, and assigns (collectively, the “BeerHole Parties”) from
any and all claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes. By using the
Service, you agree that any legal remedy or liability that you seek to obtain for actions or
omissions of other registered users or other third parties will be limited to a claim against the
particular users or other third parties who caused you harm. You agree not to attempt to impose
liability on or seek any legal remedy from BeerHole or any BeerHole parties with respect
to such actions or omissions.
• Links and Third Party Services. The Services contains links to other internet
sites, services (including other mobile apps) and resources, and you acknowledge and agree
that: 1) BeerHole shall not be responsible for the availability or functionality of such external
sites, services or resources; and 2) BeerHole does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or available from such
services or resources. You agree that BeerHole shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with the
use of, or reliance upon, any such content, goods or services available on or through any such
Services or resource.
• Disclaimer. The Services, including, but not limited to the Site, the Apps and the
entirety of their contents, is provided “AS IS” and “AS AVAILABLE” basis and BeerHole
hereby disclaims (except where prohibited by law) all express and implied warranties including,
but not limited to, warranties of merchantability, title, non-infringement, and fitness for a
particular purpose. BeerHole expressly disclaims any representation that:
• the Services will meet your requirements;
• access to the Services will be uninterrupted, timely, secure, or error-free;
• any information obtained through or from the Services will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or
obtained by you through the Services will meet expectations;
• any user-provided information will not be disclosed, in the absence of
user-provided approval, to third parties; or
• any data or software errors will be corrected.
BeerHole SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF
ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE,
SERVER, PROVIDER, OR SOFTWARE. BeerHole SHALL NOT BE HELD RESPONSIBLE
FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING
FROM USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE
VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE
LINKS. YOU ACCESS THE SERVICES AT YOUR OWN RISK AND ARE SINGULARLY
RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH
ACTIVITY. BeerHole SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR
INACCURATE CONTENT POSTED ON THE SERVICES, REGARDLESS OF THE CAUSE OF
SUCH INACCURACY. BeerHole SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF
ANY USER OF THE SERVICES. BeerHole SHALL NOT BE RESPONSIBLE FOR ANY
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY,
COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR
COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM BeerHole OR THE
SERVICES SHALL CREATE ANY WARRANTY.
ALL USER CONTENT AND/OR THIRD PARTY CONTENT MADE AVAILABLE ON THE SITE
OR SERVICES IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS/OWNERS. BEERHOLE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY THIRD PARTY CONTENT ON OR PROVIDED THROUGH THE SERVICES, OR (II)
ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON
THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL BeerHole OR THE BEERHOLE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING
FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE
OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY
• Limits on Liability. BeerHole and the BeerHole Parties shall not be liable
under any circumstances or under any legal theory, whether in tort, contract, or otherwise with
respect to the serviceS, for any indirect, incidental, special, consequential, or exemplary
damages arising from or relating to: 1) the Services’ availability; 2) the acts, omissions, or
conduct of any user or third party, whether online or offline; 3) YOUR COMMUNICATIONS AND
INTERACTIONS WITH ANY USERS, THIRD PARTIES, OR ANY OTHER INDIVIDUALS
IDENTIFIED TO YOU THROUGH YOUR USE OF THE SERVICES; 4) any Services or USER
CONTENT; 5) these terms; 6) any goods or services acquired as a result of any information
obtained or transactions entered into through the ServiceS; or 7) any use of goods or services
made available on any internet resource or webpage linked through the ServiceS, even if the
BeerHole parties have been advised of the possibility of such damages.the BeerHole
parties’ aggregate liability to you in any matter arising from or related to the Services or the
Agreement, shall not exceed the sum of either one hundred dollars ($100) or the total fees paid
by you to BeerHole during the six (6) months prior to the time such claim arose, whichever is
greater. some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages. In such states or jurisdictions, BeerHole’s liability is
limited to the extent permitted by law.
• Indemnification. You agree to indemnify and hold harmless the BeerHole
Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and
expenses and court costs, arising out of or related to: 1) any third party claim against any BEERHOLE Party alleging that User Content posted or submitted to the Services infringes any of the
third party’s rights; 2) your breach of any provision of this Agreement and/or any representation
or warranty identified herein; 3) your violation of any law or regulation; or 4) any cost or expense
BeerHole incurs in enforcing this Section. BeerHole reserves the right to control the
defense and settlement of any action or proceeding against any BeerHole Party that you are
bound to defend pursuant to the foregoing.
• Termination. BeerHole, in its sole and unfettered discretion, may terminate
your access to the Services for any reason including, without limitation, your breach of this
Agreement. You agree that any termination of your access to the Services may be effected
without prior notice, and you agree that: 1) BeerHole may immediately deactivate or delete
any of your accounts and all related information and files in such accounts; and 2) bar any
subsequent access to the Services or User Content. You agree that BeerHole shall not be
liable to you for any costs or damages of any kind for or resulting from any termination of your
Services access. BeerHole reserves the right to block users from certain IP addresses from
accessing the Service. All provisions of this Terms that by their nature should survive
termination of your right to use the Services shall survive (including, without limitation, all limits
on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual
property protections and licenses).
• Discontinuance of Service. BeerHole reserves the right to modify or
discontinue, temporarily or permanently, any portion of the Services without prior notice. You
agree that BeerHole shall not be liable to you or to any third party for any modification or
discontinuance of any portion of the Service.
• Changes to Terms. BeerHole reserves the right to alter the Agreement at its
sole discretion and without prior notice. However, if the revision is material, we will try to provide
you with at least 5 day’s notice of the new Terms by posting them to our Service, by email, or
any other means we deem appropriate. Use of the Services after posting of amended terms will
be governed by those amended terms, and continued use of the Services now or following
modifications to these Terms confirms that you have read, accepted, and agree to be bound by
such modifications. The then-current Terms will govern any disputes arising before the effective
date of the amended terms.
• Choice of Law; Exclusive Jurisdiction. This Agreement will be governed by and
construed under the laws of the United States of America and, to the extent not inconsistent
therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would
require the application of any other law. You agree that the proper and exclusive forum for any
claim arising under these Terms will be the state and federal courts located in Chicago, Illinois.
• International Users. By using the Services, you agree and acknowledge that the
Services are hosted in the United States. If you access or attempt to access the Services from
outside of the United States (including jurisdictions that may have different laws governing
personal data collection, use and disclosure), you are transferring your personal information to
the United States and you consent to such transfer and agree to be bound by the choice of law
and exclusive jurisdiction provisions set forth above.
• Severability. If any provision – or portion of a provision – of this Agreement is
held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected
and shall continue in full force and effect.
• Separability. This Agreement does not and shall not be construed to create a
partnership or joint venture between the parties hereto.
• Entire Agreement. This Agreement, together with any subscription agreement
you may enter into with BeerHole and which is incorporated herein by reference, is the entire
agreement between the parties hereto, and replaces any and all prior negotiations,
representations, or agreements between the parties, whether oral, electronic, or written,
pertaining to the managerial relationship outlined herein. The parties acknowledge that they
have not relied on any promise, representation, or warranty, express or implied, not contained in
this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing
waiver or consent to any subsequent breach hereof.
• Assignment. You may not assign this Terms or any of the rights or licenses
granted hereunder, directly or indirectly, including by sale, merger, change of control, operation
of law or otherwise, without the prior written consent of BeerHole. BeerHole may assign
this Terms, including all its rights hereunder, without restriction.
• Contact. Any questions regarding these Terms may be directed to us by email at