Terms & Conditions – Revised January 2016
Terms & Conditions
By using the Bar Shield® app or any of the www.barshieldapp.com operated websites (“Services”), ID scanner(s) (“Product”) or by using, renting, purchasing or downloading and installing the Bar Shield® iTunes application (“Licensed Software”), you agree to be bound by the following terms and conditions (“Terms of Service”).
Bar Shield®, Inc. reserves the right to update or change these Terms of Service at any time and without notice. Any additional features and functions that are added to the Service and/or Licensed Software will be subject to the Terms of Service. Continued use of the Service and Licensed Software after any such change shall constitute your consent to such changes. You can review the most recent version of the Terms of Service at www.barshieldapp.com.
Violation of any of the terms below will result in the termination of your account. Upon termination of your account you must destroy all copies of any Licensed Software which has been installed on your local computer, portable media player or cell phone.
You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human resident or business of the United State of America or Canada. No “bot” or other automated systems may be account holders.
- You must provide a legal full name, valid email address and any other information requested in order to complete the sign up process.
- You are responsible for maintaining the security of your log in and password. Bar Shield®, Inc. cannot be held responsible for any loss or damage from your failure to comply with your security obligation.
- You may not use the service for any illegal or unauthorized purpose. You must not use this Service to violate any laws in your jurisdiction (including, but not limited to privacy, copyright, and laws regarding trade secrets).
- Please verify the privacy laws of your state. Bar Shield®, Inc. accepts no responsibility for illegal collection or use of ID scan information.
USE OF BAR SHIELD INFORMATION TO DENY CUSTOMER ENTRANCE
Information obtained from the use of Bar Shield® cannot be the sole means used to justify denying entry of any customer(s) at any time unless an infraction originated at the account where a customer is trying to enter. Information provided by Bar Shield® must be combined with an Actionable Offense if an infraction originated at an establishment other than the one the customer is trying to enter.
An Actionable Offense is an offense committed by the customer(s) that would cause that customer to be denied entry in the absence of Bar Shield®. Examples of actionable offenses include:
- Customer is over intoxicated
- Customer is not adhering to dress code
- Customer has been removed previously
- Any offense that would legally permit the denial of entry if Bar Shield was not being used
TRIAL PERIOD & DEPOSIT
Online data access will be free for a two-week trial period for new accounts, after which monthly access will be a stated fee per month. The trial period can be extended to three weeks if needed. The first day after the completion of the trial period will represent the start of the fiscal month.
A credit card must be on file, and a deposit for the full hardware value must be paid by the credit card on file prior to the trial period commencing.
Venue may opt-out of online data access at any time with written notice to email@example.com. If opt out occurs prior to the trial period ending, the full deposit amount will be returned.
MONTHLY SERVER ACCESS
Bar Shield®, Inc. reserves the right to cut off online data access if the credit card is declined on the day payment is due.
A prorated credit will not be returned if cancellation occurs after the first (1st) day of the fiscal month.
Accounts must purchase the available laser scanner in order to scan IDs from all 50 states and Canada. Retail price is $550 per scanner. If an account elects to cancel service, the account may keep the laser scanner or return it to Bar Shield®, Inc. for a full refund minus a 20% restocking fee that is deducted from the total amount paid for the laser scanner on the date of cancellation. If financing of the laser scanner was granted, the amount refunded will be the total paid in installment payments on the date of cancellation minus a 20% restocking fee. The laser scanner must be in perfect working order and appear in like-new condition to receive a refund. If the scanner is returned within two weeks, a full refund will be provided. All shipping expenses are at the sole cost of the venue. Bar Shield®, Inc. is not responsible for shipping costs for any reason whatsoever. Refunds will not be given for the scanner and iPod after three months of use for any reason whatsoever.
A 32GB iPod 5 is sold to each account to attach to the laser scanner and run the Bar Shield® software. Retail price is $270. If an account elects to cancel service, the account may keep the 32GB iPod 5 or return it to Bar Shield®, Inc. for a full refund minus a 20% restocking fee that is deducted from the total amount paid for the 32GB iPod 5 on the date of cancellation. If financing of the 32GB iPod 5 was granted, the amount refunded will be the total paid in installment payments on the date of cancellation minus a 20% restocking fee. The 32GB iPod 5 must be in perfect working order and appear in like-new condition to receive a refund. If the iPod 5 is returned within two weeks, a full refund will be provided. All shipping expenses are at the sole cost of the venue. Bar Shield®, Inc. is not responsible for shipping costs for any reason whatsoever. Refunds will not be given for the iPod after three months of use for any reason whatsoever.
If the laser scanner and/or iPod 5 is damaged in anyway, or if it is lost, the full retail value will be charged to the credit card on file.
PAYMENT AND REFUND TERMS
- Billing is done at the beginning of each fiscal month or every thirty (30) days. Billing is done on a pre-pay basis for the upcoming month of service, and the charge is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. No exceptions will be made to this rule in order for all customers to be treated fairly.
- You must provide a valid US issued credit card in order to use Bar Shield®, Inc.’s service.
- All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes.
- Bar Shield®, Inc. reserves the rights to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of the Services are subject to change at any time with fourteen (14) days’ notice. Bar Shield®, Inc. will let you know by any or all of the following: email, posting to www.barshieldapp.com.
- Bar Shield®, Inc. shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
CANCELLATION / BREAKAGE / TERMINATION
- You may cancel service at any time in the first year with no penalty if all hardware purchased and/or leased from Bar Shield®, Inc. is returned in perfect working order. A partial credit for monthly service will not be given for the month the cancellation is ordered. You will be given five (5) business days from the date of cancellation to return all hardware purchased or leased from Bar Shield®, Inc. The credit card on file will be charged the full retail replacement price of all hardware on the sixth (6th) business day after cancellation if the full value of the hardware has been paid to date. All shipping costs are the responsibility of the customer. Bar Shield®, Inc. will not incur any shipping costs for any reason.
- If cancellation occurs after one year, a refund for the hardware will not be issued.
- You and you alone are responsible for properly canceling your account by sending a request to firstname.lastname@example.org. No other notices of cancellation will be accepted.
- If any hardware is damaged or lost, you will be charged the full retail replacement price if the malfunction is not covered under the manufacturer’s warranty.
- Bar Shield®, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your Account or your access to your Account. Bar Shield®, Inc. reserves the right to refuse service to anyone for any reason at any time. If service is cancelled by Bar Shield®, Inc., you will be given five (5) business days from the date of cancellation to return all hardware purchased or leased from Bar Shield®, Inc. The credit card on file will be charged the full retail replacement price of all hardware on the sixth (6th) business day after cancellation. All shipping costs are the responsibility of the customer. Bar Shield®, Inc. will not incur any shipping costs for any reason. Notification of cancellation will only be delivered via email.
CREDIT CARD EXPIRATION
Bar Shield®, Inc. will send one email to the email address listed on the signed contract to notify the credit card holder that the card on file will expire in the two (2) weeks to thirty (30) days from the date the email is sent. Upon receiving this email, it is the responsibility of the cardholder to provide an updated expiration date for the credit card on file that is used to pay for monthly service or provide a new credit card number. If the credit card on file is not updated prior to the next billing, and the charge is declined, the cardholder will be charged $10 per day until the card on file is updated. Service will continue to be provided up to seven (7) days after the day the initial charge was due. Service will be temporarily terminated on the eighth (8th) day after the initial charge was due until updated information is provided, and all outstanding charges are paid in full.
DECLINED CHARGE FOR MONTHLY SERVICE
- If the credit card on file is declined for monthly service dues, and the card has not expired, a $25 fee will be charged to the account on the day of the initial declined charge.
- An email will be sent to the email address on file requesting an updated card number on the day of the initial declined charge.
- $10 per day will be charged to the account starting on the second (2nd) day after the initial charge was declined, and $10 will continue to be charged per day up to seven (7) days after the initial charge was declined.
- Service will be cancelled on the eighth (8th) day after the initial charge was declined. An invoice will be sent to the account for the full amount due along with a request to return all hardware.
- If hardware is not returned in five (5) days following receipt of the request, the full value of the hardware will be added to the invoice for final payment.
- If the amount due has not been satisfied after 30 days from the cancellation date, legal action will be taken.
- Full payment can be received at any time prior to legal action being taken, and full service will be restored.
COPYRIGHT AND LICENSED SOFTWARE
The Bar Shield®, Inc. software and all the files inside is copyright © 2013 – 2014. The look and feel of Bar Shield®, Inc. License Software are also copyright © 2013 – 2014. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or software code without express written permission from Bar Shield®, Inc.
Bar Shield®, Inc. shall retain the ownership of the Licensed Software which is licensed on a non-exclusive basis to you the “Licensee” for use under the following conditions.
PERMITTED USES: Subject to the terms hereunder, Bar Shield®, Inc. hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the www.barshieldapp.com website solely for the benefit of Licensee and not for any third party.
PROHIBITED USES/YOU MAY NOT: (a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the Bar Shield®, Inc. website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without Bar Shield®, Inc.s’ prior written approval, (e) resell, rent or otherwise provide access to www.barshieldapp.com to a third party or (f) take any action in an attempt to obtain other user’s data, cause malfunction, crash or otherwise impair the www.barshieldapp.com website. Any rights not expressly granted hereunder are reserved by Bar Shield®, Inc.
You agree that the Licensed Software is the confidential information of Bar Shield®, Inc. and agree not to disclose such software to any third party.
CONTENT AND DATA
- It is understood by the Parties that the Product will send anonymous data (“Bar Shield®, Inc. Data”) via your wireless internet connection or cell phone network to the Bar Shield®, Inc. database.
- Bar Shield®, Inc. never has access to patrons’ address or complete driver’s license number.
- Bar Shield®, Inc. is the sole and exclusive owner of the Bar Shield®, Inc. Data, and you will have access to the Bar Shield®, Inc. Data. Bar Shield®, Inc. reserves the right to leverage the Bar Shield®, Inc. Data for marketing and advertising applications and Bar Shield®, Inc. will be the exclusive party to provide Bar Shield®, Inc.’s Data for such purposes. Also, Bar Shield®, Inc. reserves the right to leverage Bar Shield®, Inc. Data for consumer applications (i.e. smartphone applications).
- By using our Service you hereby grant permission to Bar Shield®, Inc. to use your information, including, but not limited to your contact information, for improving and maintaining Bar Shield®, Inc. and for analytical purposes in a manner where such data is aggregated with other users.
- Your use of the Service is at your sole and absolute risk. The Service is provided on an “as is” and “as available” basis.
- In no event will Bar Shield®, Inc. be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Service or Licensed Software, even if advised of the possibility of such damages. Specifically, Bar Shield®, Inc. is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of the use of the product, loss of data, the cost of recovering data, or claims by third parties, or for other similar costs.
- You agree to indemnify, save and hold harmless Bar Shield®, Inc. and its officers, directors, investors, employees and agents from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action from third party claims or suits asserted against, incurred, arising out of or related to the your responsibilities, obligations and representations. This includes, but is not limited to, injuries sustained at your bar, club or other retail establishment, Dram Shop violations, tickets and/or penalties for service of alcohol to minors, privacy violations, and noise violations.
- Bar Shield®, Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the services will be corrected.
Bar Shield® offers a lifetime warranty on the software, and a one (1) year manufacturer’s warranty on the laser scanner. If the scanner stops working for any reason, the scanner can be shipped to Bar Shield and a replacement unit will be sent via 2-day air the next business day after the malfunctioning scanner is received. A detailed explanation of the malfunction must be accompanied with the unit that is being returned. Shipping cost of the malfunctioning unit to Bar Shield is the responsibility of the account. If it is determined the malfunction is covered under the manufacture’s warranty, the shipping cost will be refunded.
The malfunctioning unit will be sent to the scanner manufacturer along with the detailed description of what is wrong with the unit. The manufacturing company will then determine if the malfunction is covered under warranty or if it was the cause of the account’s use of the scanner. If the manufacturing company determines the malfunction is not covered under the warranty, a report will be issued that will state the cause of the malfunction and the cost to repair the scanner. The cost to repair the scanner that was the result of the account’s use will be charged to the account’s credit card on file upon receiving the report. A copy of the report and the associated cost of the repair will be sent to the account on the same day the report is issued to Bar Shield from the manufacturing company.
The warranty does not cover loss or breakage of the laser scanner. If a 32GB iPod 5 is purchased from Bar Shield®, Inc. it is not covered by warranty through Bar Shield®, Inc. for any reason whatsoever.