Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) CAREFULLY. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.DRINKOS.COM/PRIVACYPOLICY (“PRIVACY POLICY”), REPRESENT THE TERMS UNDER WHICH DRINKOS WORLDWIDE, LLC (“DRINKOS”, “WE” OR “US”) IS WILLING TO PROVIDE THE SERVICES OUTLINED THEREIN. BY USING THE WEBSITE “WWW.DRINKOS.COM” (“WEBSITE”) OR BY USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY DRINKOS (THE “SERVICES”), YOU REPRESENT TO US THAT YOU AGREE WITH THESE TERMS AND ARE ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.

1. Terms of Service.

(a) Drinkos’ Services are only available to persons over 21 years of age. By using the Website and/or placing an order, you affirm that you are over the age of 21. You agree and acknowledge that any person receiving a delivery from Drinkos must be over 21 years of age and provide proof of same at the time of delivery, as outlined below.

(b) You agree that: (i) you will not use the Website or the Services unless you are fully able and legally competent to agree to these Terms; (ii) you will only use the Website or the Services for lawful purposes, (iii) you will not impair the proper operation of the network or the Website, (iv) you will not try to harm the Website or the Services in any way whatsoever; (v) you will not copy, or distribute the Website or other content without written permission from Drinkos,; (vi) you will only use the Website or the Services for your own private non-commercial use; (vii) you will keep secure and confidential your account password or any identification we provide you which allows access to the Website or the Services; (viii) you will provide us with whatever proof of identity we may reasonably request, including your state issued ID when the delivery arrives that proves that you are over 21 years of age; (ix) you acknowledge that we reserve the right to decline your delivery request for any reason; and (x) you are aware that a non-refundable 20% restocking fee will be automatically charged to you if your delivery was unable to be completed because you were not present at the delivery address at the time the driver arrives (except that gift basket deliveries will not incur a restocking fee if the gift recipient is not at the delivery premises at the time of delivery; in that case, a card will be left allowing the gift recipient to schedule another delivery).

(c) Drinkos shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in these Terms or to comply with applicable laws in your jurisdiction. Drinkos explicitly reserves the right to refuse access to the Website or the Services at any time without notice for any reason.

2. Payment

When you initiate a transaction via the Website, Drinkos’ third party payment processor will authorize your credit or debit card for the amount of the sale. When your delivery arrives, you may be required to sign a credit card slip acknowledging the sale and amount. If your order is declined for any reason, you will receive a full refund less the 20% restocking fee. Drinkos reserves the right to determine pricing in its sole discretion. The credit or debit card you use to place the order MUST be presented to the delivery driver at the door, and the name on such credit or debit card MUST match the name of the government issued ID presented to the driver at the door AND the name of your account with Drinkos. In the event of an incorrectly listed price, or product description containing incorrect information or other typographical errors, Drinkos shall not be obligated to complete any sales or fulfill any orders under the erroneous terms. Drinkos reserves the right to refuse any such orders, and agrees to refund any purchases in full if the error is discovered after an order has already been placed.

3. Indemnification

By using the Website or the Services, you agree that you shall defend, indemnify and hold Drinkos, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Website or the Services; or (v) your negligence or willful misconduct.

4. License Limitations

You agree to protect the Website, the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Website, the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Drinkos. Except as specifically permitted herein or expressly authorized in writing by Drinkos, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Website or the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Website or the Services, any updates, or any part thereof in any form or manner or by any means; or (c) permit any third party to engage in any of the acts described above.

5. Your Data

When you use the Website or the Services, you understand and agree that Drinkos may collect, use and disclose technical data and related information about you in various ways subject to the terms of the Privacy Policy. In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy will govern. If you would like to “opt-out” of certain information gathering or to opt-out of certain features of the Website, please refer to the opt-out options set forth in the Privacy Policy.

6. Third Party Services and Materials

(a) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Website or the Services, you acknowledge and agree that Drinkos is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Drinkos does not warrant or endorse and does not assume any liability or responsibility to you or any other person for any Third Party Materials.

7. Disclaimer of Warranties & Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DRINKOS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF) AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. DRINKOS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR THAT ANY DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT PROVIDED BY DRINKOS OR ITS AUTHORIZED AGENTS WILL BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL DRINKOS BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF DRINKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

8. Ownership

(a) The Website and its content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Drinkos and/or its licensors own all right, title and interest in and to the Website.

9. Parental Control Protections

In accordance with the Communications Decency Act of 1996, Drinkos hereby notifies you that parental control protections (such as computer hardware, software, and filtering services) are commercially available that may assist you in limiting access to content on the Website that may be harmful to minors. Among the many companies that offer such services are NetNanny, GuardOne, and CyberPatrol. Drinkos does not sponsor or endorse any of these services.

10. Modifications

We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Website or the Services after modifications have been made available on the Website. Your continued access or use of the Website or the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms.

11. No Class Actions

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

12. Miscellaneous

These Terms may not be modified except by a writing executed by the duly-authorized representatives of Drinkos. No other act, document, usage or custom will be deemed to modify or amend these Terms. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the License but are for convenience only. The laws of the State of Ohio, excluding its conflicts of law rules, govern these Terms and your use of the Website and the Services. Your use of the Website or the Services may also be subject to other local, state, national, or international laws. Any litigation by one party against the other arising under these Terms or concerning any rights under this License will be commenced and maintained in any state or federal court located in the State of Ohio and both parties hereby submit to the jurisdiction and venue of any such court. This License sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.