These Terms of Service are entered into by and between you and PSQ Holdings, Inc., a Delaware corporation with its headquarters in Encinitas, California, doing business as PublicSq. The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively, these “Terms”), are effective immediately and govern your access to and use of our products and services, including those offered through our website located at app.publicsq.com (the “Website”), our PublicSq. mobile application (the “App”), and any other websites, applications, events, or communications owned and operated by PublicSq. that direct the viewer or user to these Terms (collectively, the “Services”).
“PublicSq.,” “we,” “us,” and “our” refer to PSQ Holdings, Inc. and its subsidiaries. “You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses or in any way uses the Services.
ACCEPTANCE OF TERMS: These Terms of Service are entered into by and between you and PublicSq. The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the Services.
Please read these Terms carefully before you start to use the Services. By visiting the Website or using the App, you engage in our Services and you accept and agree to be bound and abide by these Terms and our Privacy Notice, found at Privacy Notice incorporated herein by this reference. If you do not agree to these Terms or the Privacy Notice, you must not access or use the Services. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Submissions (defined below).
CHANGES TO TERMS: We reserve the right to change, modify, add, or remove portions of these Terms at any time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and uses of the Services. You agree that we may provide updates, notices, disclosures, and amendments to these Terms of Service and other information relating to the PublicSq. program by electronic means, including posting such information and materials online at the Website. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Services after the effective date of changes to the Terms represents your acceptance of such changes
YOUR REPRESENTATIONS:You hereby represent and warrant that you are age 13 or older, that you have read these Terms and thoroughly understand the terms contained in these Terms, that any products or services you purchase through the Services will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute or export any product that you order through the Services. If you do not meet these requirements, you must not access or use the Services. You further represent that PublicSq. has the right to rely upon all information provided to PublicSq. by you, and PublicSq. may contact you by email for any purpose, including, but not limited to, (i) customer satisfaction surveys; and (ii) inquiries about any orders you have placed, or considered placing, at or through the Services.
GENERAL USE RESTRICTIONS: The Services are owned and operated by PublicSq. PublicSq., or third parties granting rights to PublicSq., hold all right, title, and interest in and to the materials contained in the Services (together, “Materials”), which are the copyrighted work of PublicSq. or such third parties. PublicSq. grants you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials only on your personal computer or mobile device, and only for purposes associated with your interaction with the Services. Modification of the Materials, or uses of the Materials for any other purpose, is a violation of PublicSq.’s copyright, trademark, and other proprietary rights. For the purposes of these Terms, the use of any such Materials on any other website or networked computer environment is prohibited
Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to the Services or any other Materials, and you agree not to “frame” or “mirror” the Website, or any material contained on or accessible from the Website, on any other server or Internet-based device without the advanced written authorization of PublicSq.
In PublicSq.’s efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of the Services, or any of the goods or services provided thereon, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that PublicSq. will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, PublicSq. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given PublicSq. your consent to allow any of your minor dependents to use this site.
You may not use PublicSq.’s products or services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to PublicSq. A breach or violation of any of the Terms will result in an immediate termination of your Services.
USER CONTRIBUTIONS: All remarks, suggestions, ideas, graphics, or other information communicated to PublicSq. through the Services (collectively, “Submissions”) will forever be the property of PublicSq. By posting a Submission to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to PublicSq. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submissions for any purpose (commercial, advertising, or otherwise) on or in connection with the Services or the promotion thereof; to prepare derivative works of, or incorporate into other works, such Submissions; and to grant and authorize sublicenses of the foregoing. PublicSq. reserves the right to modify, translate, republish, reproduce, and/or distribute any and all Submissions submitted through the Services. PublicSq. will be entitled to use Submissions for any commercial or any other purpose whatsoever, without compensation to you or any other person sending a Submission. PublicSq. will not be required to treat any submission as confidential and will not be liable for any ideas for its business (including, without limitation, any product, service, or advertising idea) and will not incur any liability as a result of any similarities that may appear in future PublicSq. operations.
You acknowledge that you are responsible for whatever material you submit, and that you, not PublicSq., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand and agree that PublicSq. may, but is not obligated to, review the Services, and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including any Submissions that, in PublicSq.’s sole judgment, violate this provision, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any Submission that you upload, publish, or display (hereinafter, “post”) through the Services, or otherwise make available to PublicSq. You agree that under no circumstances will PublicSq. be liable in any way for any loss or damage to any Submissions that you post.
When you post a Submission, you authorize and direct PublicSq. to make such copies thereof as PublicSq. deems necessary in order to facilitate the posting and storage of the Submission on the Services. In connection with a Submission, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PublicSq. all license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PublicSq. or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email; or (vi) impersonate another person. PublicSq. does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Submission.
INTELLECTUAL PROPERTY: Unless otherwise noted, the Services, and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Materials”), are owned by PublicSq., its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. No right, title, or interest in any Materials is transferred to you as a result of any such use. You must not access or use for any commercial purposes any part of the Services, or any services or Materials available through the Services. You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without PublicSq.’s express, written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit, in any way, any of the Materials. Unauthorized use of the Materials is expressly prohibited by law and may result in civil and criminal penalties.
PublicSq. does not permit infringement of intellectual property rights in connection with its Services, and PublicSq. will remove any Materials or Submissions if properly notified that such Materials or Submissions infringe on another’s intellectual property rights. PublicSq. may terminate your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any Submission removed from the Website or App more than twice. PublicSq. also reserves the right to decide whether any Materials or Submissions are appropriate and comply with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PublicSq. may remove such Materials or Submissions and/or terminate your access for uploading such material in violation of these Terms at any time, without notice, and in PublicSq.’s sole discretion.
TRADEMARKS AND COPYRIGHTS:The trademarks, service marks, logos, and copyrights, including those items denoted with ™, ℠ , ®, or ©, as well as pictures, graphs, or photographs (collectively, the “Trademarks and/or Images”) displayed on the Services are registered and unregistered trademarks and copyrights of PublicSq., its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, PublicSq. or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on the Services. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of PublicSq., its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the Services, except as provided in these Terms, is strictly prohibited. You are advised that PublicSq. will aggressively enforce its intellectual property rights in the Services and their Materials to the fullest extent of the law, including by seeking criminal sanctions.
ACCOUNT SECURITY: We reserve the right to withdraw or amend the Services, and any services or Materials we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.
You are responsible for both:
REGISTRATION:To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
LINKS TO THIRD-PARTY WEBSITES: In your use of the Services, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of PublicSq. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that PublicSq. has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party
PublicSq. does not endorse or warrant any third-party products or services by virtue of any advertisement, information, material, or content referred to, included on, or linked from or to the Services. This Website may be linked to other websites that are not under the control of or maintained by PublicSq. Such links do not constitute an endorsement by PublicSq. of any such websites.
You acknowledge that PublicSq. is providing these links to you only as a convenience, and you agree that PublicSq. is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Services, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You agree that PublicSq. shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between participants of the Services, or between users and any third party, you understand and agree that PublicSq. is under no obligation to become involved. If you have a dispute with one or more users, you hereby release PublicSq. from any and all liability associated with such dispute.
CONTESTS AND REWARDS: In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through the Services may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. Rewards and prizes received from the Services constitute taxable income for the purposes of United States federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from the Services, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.
GIFT CARDS: We may offer gift certificates or other gift cards in connection with the products and services offered on the Services (“Gift Cards”). Gift Cards purchased are redeemable by the holder of the Gift Card. You cannot purchase a Gift Card with a previously purchased Gift Card. Gift Cards may not be combined with other offers and promotions. The remaining balance of any purchase not covered by the applicable Gift Card balance must be paid by you at the time of purchase. If the balance of the applicable Gift Card is more than the total order amount, then the remainder will remain as a balance on your Gift Card for future purchases. Gift Cards do not expire. Gift Cards are non-transferable, non-refundable, and are not redeemable for cash (except where required by state law). We cannot replace lost or stolen Gift Cards.
DISCLAIMER OF WARRANTIES: Your use of the Services is at your own risk. The Materials contained in the Services could include technical inaccuracies or typographical errors. PublicSq. may make changes or improvements at any time. THESE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUBLICSQ. DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
PUBLICSQ. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLICSQ. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF, THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT PUBLICSQ., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PUBLICSQ., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
INDEMNIFICATION: Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold PublicSq. harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services, or the use of the Services by any person using your username and/or password (including, without limitation, your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
INACCURACIES OR ERRORS: The descriptions, pictures, and other representations of products and services available through the Services may contain inaccuracies and errors. PublicSq. does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products or services or the cost to execute a Submission may change without notice to you at any time in PublicSq.’s or a third party’s sole discretion. PublicSq. or a third party shall have the right to refuse or cancel any orders placed for products or services listed at an incorrect price if the cost to execute such submission is determined to be incorrect or inaccurate.
TERMINATION: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or PublicSq. You may terminate these Terms at any time by notifying PublicSq. that you no longer wish to use our Services, or when you cease using our Services.
If, in PublicSq.’s sole judgment, you fail (or PublicSq. suspects that you have failed) to comply with any term or provision of these Terms, PublicSq. may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to the Services or any part thereof.
ASSIGNMENT: You will not assign any of your rights or delegate any of your obligations under these Terms without PublicSq.’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NOTICE: PublicSq. may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to this Website. Notices sent by email will be effective when PublicSq. sends the email and notices provided by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give PublicSq. notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to PSQ Holdings, Inc., 315 S Coast Highway 101, Suite U44, Encinitas, California 92024. PublicSq. may update the address for notices by posting a notice on this Website. Notices provided by personal delivery will be effective immediately. Notices provided overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
FORCE MAJEURE: PublicSq. will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, or inability, or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.
WAIVER AND SEVERABILITY: No waiver by PublicSq. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PublicSq. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ENTIRE AGREEMENT: These Terms, the Privacy Notice, and any operating rules posted by PublicSq. on this Website or in respect to the Services constitute the sole and entire agreement between you and PublicSq. regarding the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and PublicSq. (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION: All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
DISPUTE RESOLUTION: If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in Encinitas, California, and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.
Copyright © 2021 PSQ Holdings, Inc. All rights reserved.