TERMS OF SERVICE
References herein to “we”, “us”, and “our” shall refer to Bar Antz, LLC, dba Bitters and Bottles, and references herein to “you”, and “your” shall refer to users of the bittersandbottles.com website (the “Website”).
USE OF WEBSITE CONTENT
All content on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively, the “Content”) is owned or licensed property of us or our suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. We and our suppliers and licensors expressly reserve all intellectual property rights in all Content. We grant you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY. Please feel free to browse the Website. You may view, print and download material displayed on the Website for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, transmit, republish, reuse, repost, reproduce, modify, display or use the Contents of this Website for public or commercial purposes, without our prior written consent. You may not alter or interfere with the Content or functioning of the Website, or “mirror” any Content contained on this Website on any other server. The materials at this Website are copyrighted and any unauthorized use may violate applicable law. We may change information contained on the Website at any time. You agree that access to and use of the material is subject to the Terms and Conditions of Use, as well as all applicable laws. YOU ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE.
To place an order, you will be required to register with the Website and create a password protected account. You are responsible for protecting your account and password, and you adopt and ratify any and all actions taken under your account and password. We reserve the right to terminate your account, cancel orders, and prohibit your access to the Website, in our sole discretion, and shall not be liable for any damages resulting from the cancellation of your account. All provisions of these Terms and Conditions of Use shall survive termination of your account.
We do not offer returns or refunds of any kind. We are not responsible for damage or loss caused by the carrier or shipper. However, should you notify us with a problem, we may, in our sole discretion, replace the product. Whether a product is replaced shall be determined on a case-by-case basis by us. If you need to request a replacement product, contact us at firstname.lastname@example.org.
In order to process online transactions, it is necessary for us to collect certain information to complete your order. By entering payment information, such as credit cards, you represent and warrant to us that you are authorized to submit such information. You also grant us the right to provide such information to third parties, such as, credit card processing companies for the purpose of completing the transaction.
All product images or descriptions displayed on the Website are subject to change at any time, with or without notice. The posting of a product on our website does not guarantee or represent that it is available. We also expressly reserve the right to limit quantities on orders placed by the same account, with the same payment information, or with the same shipping addresses. We make every effort to display products and services accurately. However, while our efforts are diligent, we cannot guarantee that each product description or display is completely accurate. Therefore, we reserve the right to change or update information to correct errors, inaccuracies, or omissions at any time without prior notice. The risk of loss for and title to products purchased through our Website pass to you upon delivery to the carrier.
COMPLIANCE WITH THE LAW
By using this Website, you warrant to us that you will only use this Website in a lawful manner and for a lawful purpose. You shall not misrepresent the identity of a user, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity. You shall not conduct fraudulent activities on this Website, tamper with the functionality of the Website, or harvest or collect personally identifiable information about others from the Website.
If you are under 21 years of age, you may not use this Website to purchase alcohol. It is illegal to sell alcohol to individuals under the age of 21 whether in person or via the internet. By using this Website you represent and warrant that you are over the age of 21. By using this Website you represent that the person signing for a shipment of alcohol from us is over the age of 21 and will provide appropriate identification upon delivery. If we are notified that the receiving individual is under the age of 21, we will report the individual to local authorities and immediately cancel the individual’s Website account. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these Terms and Conditions of Use please do not use this Website. You are responsible to abide by all applicable laws in regard to your use of this Website and with any transactions that result from your use of this Website. You shall pay all charges that are incurred through your use of the Website, including shipping, handling and taxes on transactions you complete.
We do not represent that our Website is appropriate or available for use in any other jurisdiction besides California. You access our Website at your own risk and you are responsible for compliance with all applicable laws, rules and regulations.
Disputes shall be governed and construed according to the laws of the state of California without regard to its conflicts of laws provision, and you consent to jurisdiction and venue in San Mateo County, California.
DISCLAIMER OF WARRANTIES
The material contained in this Website has been checked for accuracy; however, there may be inadvertent technical or factual inaccuracies and typographical errors. We expressly disclaim all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this Website. Information published on this Website may refer to products, programs or services that are not available in your state or country. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS AS TO THE OPERATION OR COMPLETENESS OF THIS WEBSITE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, AND PUNITIVE DAMAGES.
LIMITATION OF LIABILITY
WE (OR OUR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Your use of this Website constitutes your agreement to indemnify, defend and hold us and our officers, suppliers, employees, representatives, agents, and assigns harmless from and against loss or injury arising out of or relating to your use of this Website.
As a convenience to you, our Website may display links to other websites which are not maintained by us. We do not regularly monitor nor are we responsible or liable for the content or operation of third-party websites, and the presence of such links does not imply that we are affiliated with such websites or third parties. We do not endorse and are not responsible for any information provided by third parties. We make no representations or warranties regarding third- party websites’ accuracy. We have no liability or control over the functionality or privacy policies, terms or content of third-party websites. We recommend that you review and understand the terms and conditions and privacy policies of each such website. We are not responsible for the content of advertisers who may display names, marks, products, advertisements or services, or for damages or losses incurred due to your reliance on such third-party content. You acknowledge you use such third-party websites at your own risk.
CHANGES TO TERMS AND CONDITIONS AND NOTICES
We reserve the right, in our sole discretion, to revise these Terms and Conditions of Use at any time. Such changes are effective upon being posted to this Website. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will constitute your acceptance of those changes and that they apply to you. If you do not agree with these Terms and Conditions of Use, please do not use this Website. If you breach any of these Terms and Conditions of Use, we reserve the right to discontinue your access to the Website immediately. You agree to receive notices from us through postings on this website, via email, or regular mail.
Failure to exercise any right or pursuit of a remedy under these Terms and Conditions of Use shall constitute a wavier or estoppel of any right or remedy. In the event any terms contained herein are held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms hereof, and these Terms and Conditions of Use shall be construed and enforced as if such terms had not been included.
If you have an inquiry or complaint with regard to our Website, please send an email to email@example.com or call 650.741.6430 or write to 240 Grand Avenue, South San Francisco, CA 94080.