Thank you for downloading our app and visiting our website – MugClubs.com (together the “App”), which is owned and provided by MugClubs.com LLC (“Company”). Your use and access to the App is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use the App.
THE APP IS INTENDED FOR AND MAY ONLY BE USED BY PERSONS WHO ARE TWENTY-ONE (21) YEARS OLD OR OLDER. BY USING THE APP, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND/OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THE APP.
In order to use the App we may ask you to provide personal information. The Company will not share any of your personal information [with any third party] OR [other than as may be reasonably necessary to provide its full services to you], or with your express permission.
While the Company will take reasonable measures to protect any personal information it collects, to the fullest extent permitted by applicable law, the Company is released from any and all liability for any harm, damages or losses which may result from any unauthorized access to, or use of, your personal information by an unauthorized third party.
You may choose not to provide personal information. [However, we require all of the personal information requested to provide the full services of the App to you. Therefore, if you choose not to provide the personal information the full services of the App may not be available to you.]
LIMITATION ON LIABILITY
The App is intended to be used in conjunction with programs, offers or promotions provided by establishments, which are the Company’s customers (“Customers”), where beer and alcohol are served. While the Company hopes that your use of the App will ultimately result in a benefit to you from its Customers for being a loyal patron, the Company makes no representations or warranties, nor will have any liability of any kind with respect to any benefits, prizes, promotions or other offers made available or purported to be made available by its Customers. You grant the Company express permission to share your personal information with its Customers with whom you choose to associate via the App. The App is not intended to and does not promote, nor shall the Company be liable whatsoever for, any misuse or over consumption of alcohol or other dangerous or unlawful behavior, whether or not associated with, or supposedly encouraged by, your use of the App or its Customers.
For the avoidance of doubt and to the fullest extent permitted by applicable law, the Company shall not be liable whatsoever to you, whether based on tort (including negligence), breach of contract or other theory of law, or in equity, for any harm, damages or losses resulting from or associated with your use of the App, including without limitation related to the over consumption of alcohol or any action taken by you related thereto.
If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of The Company shall not exceed $100. These limitations of liability are fundamental elements of the basis upon which the App is being provided to you, and it would not be provided without such limitations.
Any and all text, images and other content appearing in the App (the “Content”) are owned by the Company or used with permission or under license from a third party (hereinafter collectively referred to as the “Owners”). All rights, title and interest in the Content shill at all times remain with The Company or its Owners. All brand names, titles and other marks used in the App are registered and/or common law trade names, trademarks or service marks of the Company or the Owners.
LIMIATIONS ON USE - NO LICENSE
You are permitted to use the Content and/or any services in the App for lawful purposes as provided in the Terms and Conditions only. Any other use or misuse of any Content is strictly prohibited. Nothing in the App shall be construed as conferring any license by The Company or its Owners. The Company may revoke your access to the App or any other rights established hereunder at any time and without prior notice.
The Content and all other features on the App are provided to you as is and without any warranty of any kind. Additionally, The Company does not make any representations or warranties that the App will be uninterrupted, secure or error free or that your use of the App will meet your expectations. As a result of technical, operational or other issues, the App may not always be available.
TERMS AND CONDITIONS SUBJECT TO CHANGE
At any time and from time to time, The Company may revise these Terms and Conditions. Your use of the App following the posting of any revised Terms and Conditions shall be deemed acceptance of such revised Terms and Conditions. The Company strongly recommends checking the Terms and Conditions periodically. If you disagree with the Terms and Conditions at any time, your sole remedy is to terminate your use of the App.
The Company’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision and shall not preclude any subsequent or full enforcement. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. To the fullest extent permitted by applicable law, you waive any claim to your right to a trial by jury with respect to any action, claim or proceeding that may arise as a result of your use of the App. Any titles or headings given to any provisions of these Terms and Conditions is for convenience only and shall not affect how any such provision is construed.