Terms of Service
The following terms and conditions govern all use of Skinny Labs' Pier ("Pier", "we" or "us") services
(Services), at or through the pierhq.com (Website).
The Website is offered subject to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules,
and procedures that may be published from time
to time on this Website by Skinny Labs Inc (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of
website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or
any Services. If these terms and conditions are considered an offer
by Pier, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 18, and service on the Website is only offered to users 18
years of age or older. If you are under 18 years old,
please do not register to use the Website. Any person who registers as a user or provides their personal
information to the Website represents that they are 18 years of age or older.
Services. Pier provides You with pages for your open source projects.
Your Pier Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and
you are fully responsible
for all activities that occur under the account. You must immediately notify Us of any unauthorized
uses of your account or any
other breaches of security. We will not be liable for any acts or omissions by You, including any
damages of any kind incurred
as a result of such acts or omissions.
When creating an Account, you agree to provide true, accurate, current, and complete data about yourself.
Each user may only have one Account with Us. Signing up for multiple Accounts, may result in your
inability to access and use our Services, and/or the deactivation of your Account(s).
- Payment, Renewal and Refunds.
- General Terms.
In order to use our services, you need to provide a valid credit or debit card, which is linked to your
Account and is securely stored by third party payment processors (Stripe, Inc). Unless otherwise stated,
all prices are listed in United States dollars. Additional terms, including how to pay, terms for refunds,
delivery standards, and prices shall be published on our Site or through our App and are hereby
incorporated into this Agreement by reference.
- Automatic Renewal.
Unless you notify Us before the end of the applicable subscription period that you want to cancel
your Account or pause your subscription, your subscription will automatically
renew and you authorize us to collect the then-applicable period subscription fee (as well as
taxes) using any credit card or other payment mechanism we have on record for you.
Your Account can be canceled at any time.
- Third Party Charges.
Additional charges may be applicable for the use of our App. Specifically, your mobile carrier may assess
data usage fees or other charges against you, including SMS fees when we send text messages to alert you
when your orders are arriving. You agree that We are not responsible for the payment of any such
third party charges, and you are hereby advised to review your contract with your mobile carrier to ensure
that you do not incur any unexpected fees as the result of your use of our Service.
We value your satisfaction. Please email [email protected] for a full
We may, but is not obligated to, provide discounts through promotional codes or other means. We
may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of
our publication of information, actual or expected financial hardship, sale of all or part of our business, or
any other reason.
- Responsibility of Website Visitors. We have not reviewed, and cannot review, all of
the material, including computer software, posted to the Website, and cannot therefore be responsible for that
material’s content, use or effects. By operating the Website, We do not represent or imply that it
endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
are responsible for taking precautions as necessary to protect yourself and your computer systems from
worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is
offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material that violates the privacy or
publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or
downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We
disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the websites and webpages to which Pier
links, and that link to Pier. We do not have any control over those websites and webpages,
and is not responsible for their contents or their use. By linking to other websites or webpages, Pier
does not represent or imply that it endorses such website or webpage. You are responsible for taking
as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other
or destructive content.
- Copyright Infringement and DMCA Policy. As We ask others to respect its
intellectual property rights, it respects the intellectual property rights of others. If you believe that
material located on or linked to by Us violates your copyright, you are encouraged to notify Us. We respond to
all such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing material. We will terminate a visitor’s
access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat
infringer of the copyrights or other intellectual property rights of Us or others. In the case of
such termination, We will have no obligation to provide a refund of any amounts previously paid to
- Intellectual Property. This Agreement does not transfer from Us to you any third
party intellectual property, and all right, title and interest in and to such property will remain (as between
the parties) solely with Us. Pier, pierhq.com, the Pier logo, and all other
trademarks, service marks, graphics and logos used in connection with Pier, or the Website are trademarks
or registered trademarks of Skinny Labs Inc or Skinny Labs Inc's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use
the Website grants you no right or license to reproduce or otherwise use any Pier or third-party
- Changes. We are constantly updating our services, and that means sometimes we have to
the legal terms under which our services are offered. If we make changes that are material, we will let you
by posting on one of our blogs, or by sending you an email or other communication before the changes take
effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If
disagree with our changes, then you should stop using Pier within the designated notice period. Your
continued use of Pier will be subject to the new Terms. However, any dispute that arose before the
changes shall be governed by the Terms (including the binding individual arbitration clause) that were in
when the dispute arose.
- Termination. We may terminate your access to all or any part of the Website at any
time, with or without cause, with or without notice, effective immediately. If you wish to terminate this
Agreement or your Pier account (if you have one), you may simply discontinue using the Website. All
provisions of this Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
- Disclaimer of Warranties. The Website is provided “as is”. Skinny Labs
and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Skinny Labs Inc nor its suppliers and licensors, makes any warranty that the Website will be error
that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Skinny Labs Inc, or its
or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to Us Club under this
agreement during the twelve (12) month period prior to the cause of action. We shall have no
liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not
to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the
applicable laws and regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the United States or the country in
which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual
rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Skinny Labs Inc, its contractors,
its licensors, and their respective directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not
limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may
these Terms into other languages. In the event of a conflict between a translated version of these Terms of
Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Us and you
concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Skinny Labs Inc, or by the posting by Skinny Labs Inc of a revised version. Except to
extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same will be the state and federal
located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent court without the posting of a
bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators
appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the
English language and the arbitral decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this
Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original
and the remaining portions will remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition
any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to,
and agrees to be bound by, its terms and conditions; Skinny Labs Inc may assign its rights under this
without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.