Terms & Conditions
Revised: May 31, 2017
Please read these Terms carefully before using the Site and App. By accessing, using or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you must not use the Site. Under no circumstance may you use the Site if you are not 21 years of age or older.
PintHub may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Site.
2. Account and Registration
If you register for an account on the Site, you agree to:
You are responsible for all activity on your Site account. In the event that you forget your login information and wish to retrieve it, you will be directed to a password recovery page where you will be asked for the email address associated with the account. If the email address is valid, a key will be emailed to the email account which may be clicked on to restore or reset the account password.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage PintHub may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately at support@PintHub.com
PintHub offers premium subscription to our Site (“Membership”) starting at $9.99 per month, and $99.99 per year, excluding taxes. We reserve the right to adjust pricing at any time. Any price changes to your Membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by PintHub.
Your credit card information is processed and securely stored by our partner Stripe (the “Payment Processor”). PintHub does not store any of your credit card information. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.
By signing up and purchasing your PintHub Membership, you authorize us to charge you for your initial Membership period and a recurring monthly or annual membership fee at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. Your Membership will automatically renew each month or year and you will be billed on the same date each month. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account. In the case if you upgrade from a monthly to an annual Membership, your new effectively billing date will start immediately upon the purchase of the upgraded Membership.
You may update your payment method or cancel your account under “Plans and Billing” in the main in-App menu. Following any cancellation you will continue to have access to your Membership through to the end of your current prepaid billing period.
In general Membership fees or any other fees are nonrefundable. Membership purchases are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and Members are responsible for payment of the entire contracted amount upfront prior to using of any PintHub services in such paid period. From time to time, at PintHub staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.
Deleting the PintHub app from your mobile device does not constitute cancellation or a request for account cancellation. You will remain responsible for any uncollected amounts and authorize us to continue billing you through the Payment Processor.
4. Marketing Services and Craft Beer
PintHub provides a marketing service to our partner venues (“Venues” or a “Venue”), by referring qualified PintHub Members to discover and pay for products and services at these Venues. Your Membership purchase is simply for the acknowledgement to be a PintHub Member and ability to use our Site in order to find information about craft beer and venues offering them. At its sole discretion, a Venue may serve to you a single complimentary beer per day. At no time are you buying any alcoholic beverage from PintHub. Failure to abide by applicable state alcohol control laws and regulations are grounds for immediate termination of your Membership with no obligation for PintHub to provide any refund.
Your Membership purchase is a privilege and not a guarantee. PintHub reserves the right to terminate your Membership with or without cause at any time. Your use of the Site and PintHub services is subject to your following all Membership rules and acceptable behavior and conduct, as well as all applicable local, state and federal laws and regulations. Having a Membership or access to the Site does not guarantee you entry or service at Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way. PintHub will not provide refunds to its Members who are refused entrance or service by a Venue. By using the Site, you agree:
6. Links to Third-Party Sites
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. PintHub does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. PintHub provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply PintHub’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. PintHub accepts no responsibility for reviewing changes or updates to, or the quality, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Advertisements and Promotions
PintHub may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PintHub, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PintHub is not responsible or 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 third-party advertisers on the Site.
8. Warranty Disclaimer
The Site, including the content and services available on the Site, is provided to you on an “as is”, “as available” basis without representations, warranties, conditions or guarantees from PintHub of any kind, either express or implied. PintHub expressly disclaims all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. PintHub does not represent or warrant that the Site is accurate, complete, reliable, current or error-free, and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the Site or any portion thereof. You are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the Site.
While PintHub attempts to make your access to and use of the Site safe, PintHub does not represent or warrant that the Site is free of viruses or other harmful components.
9. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against PintHub, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors, venue partners, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site entirely at your own risk.
Without limitation of the foregoing, neither PintHub nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Site; (ii) your use of services provided by Payment Processor; (iii) any third party claims that the use by you of the Site violates any third party intellectual property right or privacy right; (iv) any failure of performance of the Site, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to PintHub or any other Released Party’s records, programs or services); (v) any damages arising from communications or transactions with other Users of the Site, whether through the Site, blogs, or otherwise, or persons that you meet through the Site; or (vi) any other matters relating to this Site or any User Submissions (as defined below) based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not PintHub had any knowledge, actual or constructive, that you might incur such damages.
In no event shall the aggregate liability of PintHub, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site.
You shall fully defend, indemnify and hold harmless PintHub and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any content submitted by you or another using your account infringes the rights, including the intellectual property rights, of any third party.
10. Applicable Law and Venue
The laws of the State of Texas shall govern all questions concerning the construction, validity and interpretation of the Terms, without regard to such state’s conflict of law rules. The parties hereto submit to the exclusive personal jurisdiction of the courts of the State of Texas and the Federal courts of the United States sitting in Travis County, and any appellate court from any such state or Federal court, and hereby irrevocably and unconditionally agree that all claims, actions and proceedings arising out of or relating to this agreement shall be heard and determined in such Texas court or, to the extent permitted by law, in such Federal court.
11. Modification of Site
Notwithstanding any provision of these Terms, PintHub reserves the right, without notice and in its sole discretion, to:
PintHub may terminate these Terms and your use of the Site at any time and without providing notice to you. You may terminate your use of the Site at any time only by cancelling your account under “Plans and Billing” in the main in-App menu. Removing or deleting the PintHub app from your mobile device does not cancel your account and does not eliminate your responsibility to make recurring monthly payments.
13. Electronic Contract
Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and PintHub regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and PintHub regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
If you have any questions regarding these Terms or your use of the Site, please contact us at: info@PintHub.com