Terms and Conditions

Welcome to BeerHole. BeerHole, Inc. (“BeerHole,” “we,” “us” and/or “our”)

provides an online beverage, hookah, 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.

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONTAIN

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,

you agree to comply with and be bound by these terms of use (the "Terms" or “Agreement”),

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

Services.

• 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.

• Privacy Policy. In addition to the terms contained herein, you agree to the

privacy practices and procedures outlined in our privacy policy located on the BeerHole application.

• 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

Privacy Policy.

• 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

the Service.

 

• 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

subscription reinstated.

• 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

Service.

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

non-sublicensable.

 

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

worldwide.

• 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

unlawful purposes;

• 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

Services access.

• 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

following information:

• 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:

Name:

Address:

Email:

Phone Number:

 

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

APPLICABLE LAW.

• 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.

• Miscellaneous.

• 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

 

bh@mybeerhole.com