The “Terms” consist of these Terms of Use, the PIN Business Network Privacy Policy and any supplemental terms or legal notices provided to you. These Terms govern your use of the “Sites and Services” (including all sites run by us now or in the future) offered by PIN Business Network, Inc. (“PIN”, “PIN Business Network”, “us” and/or “our”), and constitute a binding legal agreement (“Terms”) between you (“you” or “your”) and PIN Business Network, Inc. and its successors, subsidiaries, affiliates and partners. By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING THE SITES AND SERVICES. BY USING THE SITES AND/OR SERVICES, YOU AGREE TO THESE TERMS.

Please review our Privacy Policy, which is also incorporated herein by reference.

The communications between you and PIN Business Network are electronic. You hereby consent to receive any and all communications from PIN Business Network in electronic form, via electronic mail (“e-mail”), text message (“SMS”) or website page. You agree that all agreements, notices, disclosures, terms, conditions and other legal communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Your permission to use the Sites and Services is conditioned upon your agreement that you:

• are of legal age in your current location to form a binding contract with PIN Business Network,
• will comply with these Terms while using the Sites and Services,
• are not prohibited, by law or prior notice from PIN Business Network, from accessing our Sites and Services,
• are not acting on behalf of anyone prohibited in the prior clause,
• will only have, at most, one User Account with PIN Business Network,
• shall take reasonable measures to ensure your User Account’s safety, and
• agree to be responsible for your use of the Sites and Services.

In addition, the following are prohibited without express, prior and written permission from PIN Business Network:

• submitting false or purposely inaccurate information,
• any commercial use of the Sites and Services, its Content or any User Content,
• data mining, harvesting, screen scraping and the collection of Content from the Sites and Services, excluding that permitted by industry standard-compliant search engine access,
• deep linking, framing or redisplay of any Content or Offers,
• interfering with the proper functioning and availability of the Sites and Services.

Any prohibited use shall immediately terminate any permission(s) to access the Sites and Services, and in such event, PIN Business Network may prohibit access to the Sites and Services at its leisure from your internet address (“IP Address”) or network.

Availability

You acknowledge that there may be interruptions or periods of unavailability of the PIN Business Network system for any reason, including unscheduled maintenance. You acknowledge that due to circumstances beyond our control access to the Sites and Systems may be interrupted, restricted, suspended or terminated. PIN Business Network retains the right to deny access to the Sites and Systems at any time and for any reason.

PIN Business Network markets “Offers” from local small- and medium-size businesses (“Merchants”), via electronic mail, website(s), social media and other forms of communication. All Offers are made by a Merchant to You, and PIN Business Network only facilitates the marketing of said offers to You. The Merchant is solely liable for the value of the Offer, and by acquiring, purchasing, printing or attempting to use an Offer you agree to all of these Terms. The Merchant is wholly responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you or any other customer caused in whole or in part by the Merchant or its products and services. You waive and release PIN Business Network and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Merchant in connection with your use of an Offer or the services/goods provided in connection with it.

You further agree to abide by all Terms of the Offer (“the breakdown” and “legal stuff”) as displayed by the Sites and Services before purchase and on the printable version of the receipt. To the extent permitted by law, all value of Offers purchased expires 5 (five) years after purchase.

We reserve the right to discontinue or modify any part of these Terms at any time as we deem necessary or desirable. If we make changes that materially affect your use of the Sites and Services, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and by posting notice of the change on the root page of PIN Business Network.com. Use of the Sites and Services after we update the Terms will constitute acceptance of the modified Terms immediately.

All contents of the Sites and Services are, unless otherwise stated, copyrighted under United States copyright laws and similar laws of other jurisdictions by PIN Business Network or our affiliates or partners. You may not, without prior written notice, copy, modify, reproduce, download or distribute any copyrighted content from the Sites and Services except as is provided expressly in the Terms.

The PIN Business Network logo, the PIN Business Network logo and other PIN Business Network graphics, logos, page headers, buttons and styles are trademarks, registered trademarks or trade dress of PIN Business Network in the United States and/or other jurisdictions. All other trademarks not owned by PIN Business Network that appear on this site are the property of their respective owners.

We may offer the opportunity to post user-generated content (“User Content”) on the Sites and Services. By posting User Content on the Sites and Services, you agree not to submit any User Content on any of the Sites and Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. PIN Business Network reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and Services are those of the respective author(s) or distributor(s) and not of PIN Business Network.

If you do post User Content, you grant PIN Business Network a non-exclusive, world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant PIN Business Network and our affiliates and partners the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity and that you will indemnify PIN Business Network for any and all claims resulting from User Content you post. PIN Business Network takes no responsibility and assumes no liability for any User Content posted by you or any third party.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PIN BUSINESS NETWORK, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR OFFERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIN BUSINESS NETWORK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL PIN BUSINESS NETWORK, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL PIN BUSINESS NETWORK’S LIABILITY IN CONNECTION WITH AN OFFER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH OFFER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

By using, accessing or visiting the Sites and Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and PIN Business Network and its subsidiaries and successors.

You agree to defend, indemnify and hold harmless PIN Business Network, its successors, subsidiaries, affiliates and partners and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Sites and Services or any use of the Sites and Services in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Sites and Services. To the extent permitted under applicable laws, you hereby release PIN Business Network and its successors, subsidiaries, affiliates and partners from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.