Terms Of Service

 

TERMS AND CONDITIONS

The entirety of this document represents the terms and conditions (the “Terms and Conditions”) of use of the website www.sippinonsours.com, which shall include, without limitation, the home page and all other pages under the same domain name, inclusive of all content thereon (collectively the “Site”) as provided by Sippin On Sours LLC, a california limited liability company (“Sippin On Sours” or “we”). These Terms and Conditions, in connection with sippinonsours's privacy policy (the “Privacy Policy”), wholly govern your use and enjoyment of the Site. We may amend these Terms and Conditions at any time without providing notice to you. Any amendment or change to these Terms and Conditions shall be effective upon Sippin On Sours posting such new Terms and Conditions on the Site. If you consider any material on the Site to be offensive, please do not visit the Site.

IN ORDER TO ACCESS OR OTHERWISE USE THE SITE YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you do not have sippinonsours's, its affiliates’ or its investors’ permission to access, view or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. By accepting and agreeing to these terms and conditions, you hereby acknowledge and agree to conform with the following: 

This Site is intended only for use by persons who are 21 years of age or older and who legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. By accepting this provision, you hereby attest that you are at least 21 years of age or older as of this date.
You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Sippin On Sours and that you will not access Sippin On Sours by any other means other than through the interface provided.
In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Sippin On Sours will always be accurate, correct and up to date.

You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Sippin On Sours.You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Sippin On Sours may suffer. You also agree that Sippin On Sours has no responsibility to you or to any third party for your breach of these Terms and Conditions nor the consequences of such breach.

You agree that Sippin On Sours is not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, Sippin On Sours may elect to hold you liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately by email at iriecaredelivery@gmail.com
You acknowledge that you have read, understood and will comply with the terms of our Privacy Policy and these Terms and Conditions.

Sippin On Sours relies upon a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services available on www.sippinonsours.com. Each product or service listed on www.sippinonsours.com is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that Sippin On Sours does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction on the Site. By submitting such information, you grant to Sippin On Sours and to Vendors the right to provide such information to third parties consistent with our Privacy Policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact us before purchasing any product.

In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact us before purchasing the product. Sippin On Sours and our Vendors make no representation as to the right of any person to import any product into any state or country. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.

Sippin On Sours displays suggested retail prices for goods and services advertised based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.
Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Any packages that are refused or unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs
All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product or payment for service purchased by a customer in error.
Sippin On Sours has affiliated legal entities that may provide services to you on behalf of Sippin On Sours. You acknowledge and agree that such affiliates are permitted and entitled to provide services to you.
Sippin On Sours is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.

Most of the personal information that Sippin On Sours possesses is information provided to Sippin On Sours by its customers. Information is gathered when an account is created for the purpose of completing a transaction. This information includes: Name, Address, Email, Phone Number, Credit/Debit card information, Order History, Username, and Password. Sippin On Sours also uses cookies, geolocation, and may use targeted advertising and track IP addresses. We “share” information as defined by the CCPA with our analytics and advertising partners, as well as partners that help our website function. We use your information to complete your transactions, as well as for marketing, customer support, legal obligations, or other business purposes.

Sippin On Sours is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by Sippin On Sours in writing. If you make other use of the Site, except as otherwise provided herein, you may be found in violation of the intellectual property laws and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unpermitted use.

Sippin On Sours does not grant any license or other authorization to use any of our trademarks, service marks, the Information, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by Sippin On Sours (“User License”). The User License is granted solely to enable that user to use and enjoy the Site as provided in the manner permitted in these Terms and Conditions.

Unless specifically requested, Sippin On Sours does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Sippin On Sours will be deemed not to be confidential or secret. By submitting or sending information or other material to Sippin On Sours you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Sippin On Sours you grant Sippin On Sours the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
PROTECTION OF CONTENT PROVIDED BY Sippin On Sours AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the Site ("Site Content") are copyrighted materials owned by or licensed to Sippin On Sours. The Site Content may contain trademarks, service marks and trade names which are owned by Sippin On Sours and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Sippin On Sours, its affiliates, or third parties. Unless authorized in writing by an officer of Sippin On Sours, Sippin On Sours' trademarks may not be used in connection with any product or service that is not Sippin On Sours', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sippin On Sours. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Sippin On Sours or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Site. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Sippin On Sours, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Sippin On Sours, its affiliates, and/or any third party, as applicable.

 

ADVERTISING

The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history. The manner, mode, and extent of advertising by Sippin On Sours is subject to change without notice. In consideration for granting you access to and use of the Site, you agree that Sippin On Sours may place such advertising on the Site. You agree that any user-content collected can be re-used as marketing materials.

 

SPECIALTY PRE-SALE ITEMS

From time to time, Sippin On Sours may offer items available for pre-sale on a limited basis (“Specialty Pre-sale Items(s)”), which Specialty Pre-Sale Items are ordered at your own risk. Specialty Pre-Sale Items will not be shipped until the product is available at the designated retail location; this item is not guaranteed to dispatch. We will do our best to fulfill every order that comes in; however, we cannot guarantee that all Specialty Pre-sale Items will be fulfilled. As always, our customer success team will send regular updates indicating orders and dispatch status. If a Specialty Pre-Sale Item cannot be fulfilled, you will be issued a Sippin On Sours Gift Card for the value of your order. Your Gift Card cannot be swapped for Cash or Refunded and can only be redeemed on www.sippinonsours.com.

 

LINKS AND LINKED SITES

Sippin On Sours is not responsible to you or any user of the Site for the accuracy or availability of information provided by any sites that may have links to their websites displayed on the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Sippin On Sours of such sites or the content, products, advertising or other materials presented on such sites. Sippin On Sours does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Sippin On Sours is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

 

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

Sippin On Sours shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Sippin On Sours shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sippin On Sours shall immediately issue a credit to your credit card account in the amount of the charge.

 

MODIFICATIONS TO PRICES OR BILLING TERMS

Sippin On Sours reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

 

FORCE MAJEURE

Sippin On Sours shall be excused from performance under this Terms of Service if Sippin On Sours is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, plague, pandemic, war, computer or telecommunications failure or other circumstance beyond the immediate and direct control of Sippin On Sours.

 

GENERAL PROVISIONS

These Terms and Conditions constitute the whole legal agreement between you and Sippin On Sours and govern your use of the Site and completely replace all prior agreements between you and Sippin On Sours in connection with the Site.
You acknowledge and agree that Sippin On Sours may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
You acknowledge and agree that each subsidiary and affiliate of Sippin On Sours shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
The Terms and Conditions and the relationship between you and Sippin On Sours shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any cause of action, dispute or claim that may arise between you and Sippin On Sours shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
claims arising out of or related to any aspect of the relationship between you and Sippin On Sours, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
claims that may arise after the termination of these Terms and Conditions.
You agree that you and Sippin On Sours are each waiving the right to trial by jury or to participate in a class action. You and Sippin On Sours agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and Sippin On Sours agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions. You and Sippin On Sours each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within the State of Florida. Notwithstanding any other provision herein, you agree that Sippin On Sours shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
The failure of Sippin On Sours to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We control and operate this Site from our offices in Florida. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
You acknowledge and agree that Sippin On Sours may terminate providing any services or the legal agreement between you and Sippin On Sours for any reason at any time. If at any time, the relationship between Sippin On Sours and you ends, the provisions in these Terms and Conditions set forth in this “General Provisions” section shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sippin On Sours DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Sippin On Sours MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Sippin On Sours OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL Sippin On Sours OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF Sippin On Sours OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE; (b) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; (c) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND (d) ANY CHANGE MADE BY Sippin On Sours TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.