Terms of Service
These Terms of Service govern your access to and use of the BottleSF, Inc. website and webpages, mobile site and/or app (the “Sites”). The Sites are operated by BottleSF, Inc. in the state of California (hereafter, “BottleSF”). When using the Sites, you represent that you are over the age of 21. Also, BottleSF works diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using the Sites, you represent that the person placing an order, picking up the order in one of our Stores (called “in-Store pickup” or “ISP”), or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.
These Terms & Conditions apply to all persons who visit any of the Sites (“Visitors”), regardless of a Visitor’s purpose, use, or amount of use. In these Terms, “you” and “your” refer to each Visitor and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively to BottleSF.
Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). These Terms of Service are in addition to any other terms and conditions that may apply to purchases you make in-Store (as opposed to online) at a retail location.
We reserve the right to change these Terms & Conditions or to impose new terms and conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Sites after we post any such changes or notify you of any material changes, you accept the Terms & Conditions, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER. If you do not meet these requirements, you are not authorized by us to use or view any of the Sites.
If you have questions or concerns about our specific terms, please send an e-mail to: [email protected]
Termination of Use
We may terminate your BottleSF account or prevent use of the Sites with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Sites at any time without prior notice.
Force Majeure
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
Governing Law and Venue
This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Disclaimer of Warranties
We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Sites. OUR SITES, THEIR CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITES, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY BOTTLESF ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO BottleSF ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
If you are dissatisfied with any portion of Sites, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Sites and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.
Indemnity
You agree to indemnify, defend, and hold harmless BottleSF, its affiliates, employees, officers, agents, vendors and service providers (“BottleSF Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any BottleSF Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) BottleSF Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by BottleSF Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, BottleSF Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. BottleSF Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a BottleSF Entity.
Arbitration Agreement
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is BottleSF’s goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, BottleSF is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with BottleSF, you acknowledge and agree that you will first give BottleSF an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to BottleSF, _____ADDRESS______, Attn: Legal Department, Re: Customer Dispute. You then agree to negotiate with BottleSF in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after BottleSF’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the BottleSF Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the BottleSF Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of California shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of California shall apply.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the BottleSF Entities, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND BOTTLESF BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than two (2) years after the cause of action arose.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.
In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.