Terms & Conditions
Updated: January 28, 2020
You must be 21 years of age to use this website. The Services are not intended for the use of children or anyone under 21 years of age and no such person is authorized to use them. By using the Services, you are representing that you are at least 21 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements. You will be required to enter your birthdate on the website as well as present age-verifying identification at product handover (whether that be in-store pickup or delivery).
Please note that not all jurisdictions allow for the sale or delivery of alcoholic beverages. Our platform programmatically restricts sales pursuant to the interstate and intrastate restrictions on the purchase, fulfillment and/or delivery of alcoholic beverages.
Privacy and Data Security
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Merchant and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Merchant. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to Merchant, to the use by Merchant of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the Services
In connection with your use of the Services, you agree that you will not:
· post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
· interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· use the Services to transmit, distribute, post or submit any information concerning any other person or entity;
· violate any local, state, provincial, national, or other law or regulation, or any order of a court;
· “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
· display, mirror or frame the Services, or any individual element within the Services, Merchant’s name, any Merchant trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Merchant’s express written consent;
· access, tamper with, or use non-public areas of the Services, Merchant’s computer systems, or the technical delivery systems of Merchant’s providers;
· attempt to probe, scan, or test the vulnerability of any Merchant system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Merchant or any of Merchant’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
· advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.
Merchant reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
· description of the copyrighted work that you claim has been infringed;
· description of the material that you claim is infringing and where it is located on the Services;
· identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
· your address, telephone number, and email address;
· statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org with “Digital Millennium Copyright Act” in the subject line.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
Merchant charges fees for transactions made through the Services. You will be presented with the amount of any fee prior to processing the transaction. To the full extent permitted by law, all fees on final transactions are non-cancelable and nonrefundable.
Links to Other Sites
The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Merchant’s control, and Merchant is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL MERCHANT OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MERCHANT OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100.00).
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Merchant may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Merchant’s rights or property, or the rights or property of visitors to or users of the Services. Merchant reserves the right at all times to disclose any information that Merchant deems necessary to comply with any applicable law, regulation, legal process or governmental request. Merchant also may disclose your information when Merchant determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MERCHANT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in the county in which Merchant has its headquarters or other location mutually agreed by the parties.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
Users Outside of the United States
Merchant is organized in the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Questions and Contact Information
Please contact email@example.com for platform feedback and technical issues. For services rendered, users can contact Merchant using the contact page on the website.