Terms and Conditions – Trust Me Vodka

Terms of Use Last updated: May 28, 2019

Thank you for your interest in Trust Me Vodka, Inc. (“Trust Me Vodka” or “we”). These Terms of Use are entered into by and between you (“Customer” or “you”) and Trust Me Vodka. The following terms govern your access to and use of this website (the “Site”), including any content, functionality, and services offered on, through, or linked to from the Site (collectively, the “Services”). Any new features, tools or content which are added to the Site shall also be subject to these Terms of Use.

Please read these Terms of Use carefully before you start to use the Site. By visiting the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Site. We may revise and update these Terms of Use from time to time in our sole discretion, and you can review the most current version of the Terms of Use at any time on this page. All changes are effective immediately when we post them and apply to use of the Site thereafter. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of such changes.

1 – SITE ACCESS; LICENSE

The Site is offered and available to Customers located in the United States or other countries or territories where the sale, advertising, and consumption of alcoholic beverages is permitted. By agreeing to these Terms of Use, you represent that you are (a) at least the age at which it is legal to purchase and consume alcohol in your state, province, country, or other territory of residence; (b) you have not previously been suspended or removed from the Site; (c) your use of the Site is in compliance with all applicable laws and regulations; and (d) you will abide by all terms and conditions in these Terms of Use. If you do not meet all of these requirements, you must not access or use the Site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of and comply with these terms.

Subject to the terms set forth herein, Trust Me Vodka grants you a limited, non-exclusive, non-transferable license to use the Site strictly in accordance with these Terms of Use, and to access and use the content and Services made available in or otherwise accessible through the Site strictly in accordance with this agreement.

2 – SITE USAGE; ACCOUNT SECURITY

To purchase our products, Customers may complete a user registration process, which may be offered through a Trust Me Vodka affiliate or third-party service provider. Customers must register for an account only on behalf of themselves. During account registration, Customers must provide their information, including information by which they may be personally identified, such as name and e-mail address (collectively, “Personal Information”).

If you choose or are provided with a user name, password, or any other piece of information as part of the account creation process or otherwise, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any account or revoke access to the Site at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3 – PRODUCT AND SERVICE OFFERS AND AVAILABILITY

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to offer incentives or promotions to any Customer or no Customer at all, and are not required to offer the same incentives/promotions to all Customers at the same time. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. You agree that from time to time we may remove the Site or any Services, in whole or in part, for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site and Services is at your sole risk.

4 – PURCHASE AND PAYMENT; ACCOUNT INFORMATION

If you purchase any products we offer through the Site, you agree that any amounts charged as a result of such purchase are required and must be paid immediately during the check-out process. Charges are set forth in further detail from time to time, as determined by Trust Me Vodka in its sole discretion. You are responsible for all charges incurred on your account, regardless of whether you personally incurred or are aware of such charges. All charges may be processed through a third-party service provider that is not affiliated with Trust Me Vodka, and we may change the selected payment processing service at any time without notice. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time such order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

5 – MODIFICATION TO THE SERVICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6 – INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, trademarks, text, displays, images, logos and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The content may not be copied, distributed, displayed, modified, reproduced, published, downloaded, stored, transmitted, or reverse engineered in whole or in part without prior written permission.

You acknowledge and agree that the Site is provided under a license and not sold to you. You do not acquire any ownership interest in the Site under these Terms of Use, or any other rights thereto other than to use the Site in accordance with the license granted herein, subject to all terms, conditions, and restrictions under these Terms of Use. Provided that you are located in a country or other territory where the sale, advertising, and consumption of alcoholic beverages is permitted and you are an age at which it is legal to purchase and consume alcoholic beverages in such country or territory, you may print a reasonable number of hard copies, and may download extracts of any page(s) from our Site for your lawful use, but you must not modify the paper or digital copies of any such materials.

7 – PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries, and any intellectual property rights of us or others), or solicit others to perform or participate in any unlawful acts;
Use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Use the Site for any obscene or immoral purpose;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to spam, phish, pharm, pretext, spider, crawl or scrape;
Use the Site to monitor or copy any of the material on the Site, including the collection or tracking of Personal Information of others;
Use any manual process to monitor or copy any of the material on the Site for any other purpose not expressly authorized in these Terms of Use without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Site or any related website, including sites linked from the Site;
Submit false or misleading information;

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or otherwise interfere with the proper working of the Site, the Services, or any information or sites linked therefrom.

If you breach or violate any of these Terms of Use, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or malicious code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it or any website linked to or from it.

8 – CUSTOMER CONTRIBUTIONS, FEEDBACK, AND SUBMISSIONS

In the event that you send us ideas, suggestions, proposals, plans, or other materials or user-generated content (collectively, “Contributions”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such Contributions. You hereby grant us a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all Contributions in any manner and for any purposes on the Site and Trust Me Vodka’s social media platforms. You represent and warrant that: (a) you own or control all rights in and to the Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors and assigns; (b) your Contributions do not violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any person or entity; and (c) your Contributions do and will comply with these Terms of Use. Any Contributions you provide will be considered non-confidential and non-proprietary. Trust Me Vodka reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Contributions for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and you understand there shall be no consideration, royalties or other compensation from Trust Me Vodka, its agents, affiliates or assigns for use of said Contributions. You understand and acknowledge that you are responsible for any Contributions you post or submit, and you, not Trust Me Vodka, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. By providing Contributions, you and your heirs hereby indemnify, discharge, release, and hold Trust Me Vodka, together with its parent, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Contributions. We are not responsible for or liable to any person or entity for the content or accuracy of any Contribution posted by you or any other Customer.

If you believe that any Contribution violates your copyright, please see our contact information in these Terms of Use and send us a notice of copyright infringement. It is our policy not to condone intellectual property infringement.

9 – MONITORING AND ENFORCEMENT

We do not undertake to review material before it is posted to the Site. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Customer, service provider, or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

We have the right to:

Remove or refuse to post any Contributions for any reason or no reason in our sole discretion;
Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Customers, service providers, or the public, or could create liability for Trust Me Vodka;
Disclose your identity or other Personal Information to any third party who claims that you violated their rights, including their intellectual property rights or their right to privacy, through your actions on or through the Site;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Trust Me Vodka to disclose the identity or other Personal Information of any posting any materials on or through the Site. You hereby waive and hold Trust Me Vodka harmless from any claims resulting from any action taken by Trust Me Vodka during or as a result of its investigations and from any actions taken as a consequence of investigations either by Trust Me Vodka or law enforcement authorities.

10 – THIRD-PARTY LINKS AND TOOLS

Certain content, products and Services available via our Site or Services may include materials from third parties, including tools, content, interactive features, and links, over which we neither monitor nor have any control or input over. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms provided by relevant third parties. Please carefully review such third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

11 – PERSONAL INFORMATION

All Personal Information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12 – ACCURACY AND TIMELINESS OF INFORMATION; SITE AVAILABILITY

The information presented on or through the Site is made available solely for general information purposes. The Site furnishes content provided by third parties, including materials provided by other Customers. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by Trust Me Vodka, are solely the opinions and responsibility of the person or entity providing the materials. Third-party materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We do not warrant the accuracy, completeness, timeliness, validity, or usefulness of any information found on or through the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other Customer, or by anyone who may be informed of its contents.

We may update the Site from time to time. Any material we make available to you may be out of date at any given time. We do not guarantee uninterrupted or error-free operation of the Site. Technical issues may result in the unavailability or disruption of the Site, or certain features or functionality. We will use reasonable efforts to maintain operation and availability of the Site at all times. We will not be liable for failure to provide all or part of a feature. Notwithstanding the foregoing, we reserve the right to withdraw or amend the Services provided on the Site in our sole discretion at any time without notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

13 – DISCLAIMER OF WARRANTIES

Your use of the Site, its content, and any Services or items obtained through the Site is at your own risk. The Site, its content, and any Services or products obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, accuracy, or availability of the Site, Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the Site, its content, or any Services, items, or products obtained through the Site will be accurate, reliable, timely, error-free, or uninterrupted, that defects will be corrected, that the Site or server that makes it available are free of viruses or other harmful components, or that the Site or any Services, items, or products obtained through the Site will otherwise meet your needs or expectations.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, DURABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

14 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR ANY OF OUR THIRD-PARTY PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING, OR FURNISHING THE CONTENT ON THE APP, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO, NOR WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, IN CONNECTION WITH YOUR USE OF THE APP, ANY USE OR RELIANCE UPON INFORMATION FURNISHED ON THE APP OR PROVIDED BY US, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Trust Me Vodka and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your use of the Site, including but not limited to your use of the Site’s contents, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

16 – LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17 – GOVERNING LAW; BINDING ARBITRATION; CLASS ACTION WAIVER

Except to the extent pre-empted by federal law, any dispute or claim raised by you or us against the other arising from these Terms of Use or use of the Site or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought, shall be subject to mandatory, final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law, without giving effect to any conflict of law provisions thereof, and shall take place in the County of Los Angeles, State of California. You and Trust Me Vodka agree to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply these Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither Customer nor Trust Me Vodka shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis.

You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Trust Me Vodka in writing at info@trustmevodka.com within 30 calendar days from the date of first use of the Site. Customers hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms of Use, subject to the limitations as set forth in Section 14 above.

18 – TERM; TERMINATION

The term of this agreement commences when you first access the Site, and will continue in effect until terminated by you or Trust Me Vodka. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. We may deny you access to the Site or Services (or any part thereof) at any time in our sole discretion. We may terminate this agreement in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Upon termination, all rights granted to you hereunder will terminate and you must cease all use of the Site and delete any copies of materials from your device. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Termination will not limit any of our rights or remedies at law or in equity.

19 – WAIVER; SEVERABILITY

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

20 – ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

21 – ELECTRONIC COMMUNICATIONS

You understand and agree that these Terms of Use will be entered into electronically, and that the following information will be provided by us to you by electronic means: this agreement and any amendments, modifications, or supplements to it; any initial, periodic, or other disclosures or notices provided in connection with the Products; all regulatory disclosures; and all communications related to the Site. You expressly consent to receive all communications electronically, either by e-mail, text message, or by notices posted to the Site, and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. In order to ensure your continuing access to the Site, you agree to keep your Personal Information that you provide to us, including your contact information, up to date.

22 – CONTACT INFORMATION

Feedback, comments, or questions regarding our Terms of Use? Please contact us on the Contact Us page.