Terms and Conditions
HEY BARTENDER TERMS OF SERVICE
Effective Date: December 8, 2021
The following terms and conditions, (these “Terms”) are entered into by and between you and HEY BARTENDER LLC (the "Company", "we" or "us"). These Terms govern your access to and use of our website, www.hey-bartender.com (the "Site"), your purchase or use of any of the products made available for sale on our Site or through one of our other channels (the “Products”), and your purchase or participation in one of our events made available for sale on our Site or through one of our other channels (“Events”, together with the Site, and the Products, our “Services”).
Please read these Terms carefully. By accessing, browsing, attending or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understand these Terms, (2) represent and warrant (aka “promise”) that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any Supplemental Terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
Your use of our Services may also be subject to additional terms, such as, but not limited to, an “Event Services Agreement” (“Supplemental Terms”), and such Supplemental Terms will be presented to you for acceptance when you make a purchase. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such purchase.
CHANGES TO THE TERMS OF SERVICE
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
ELIGIBILITY; USER RESTRICTIONS
Legal Drinking Age. Some of our Services include the consumption of alcoholic beverages. You must be of legal drinking age in the jurisdiction you are located in when participating in such Services to consume alcohol. We strictly prohibit the consumption of alcohol by those under the legal drinking age, or the purchase of alcohol for those under the legal drinking age, and reserve the right to ask for age verification and to terminate the event for failure to comply. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the legal drinking age, we will prosecute you fully to the extent allowable by law.
Service Availability. We are based in the United States of America. The Services are not available in all languages or in all countries and the Company makes no representation that our Services are appropriate or available for use in all locations. To the extent you choose to access or purchase our Services, you do so at your own initiative and are responsible for compliance with any applicable laws. The Company, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services at any time. We may also impose limits on the use of or access to certain Services, in any case with or without notice, including without limitation, to limit the time of availability for session control, maintenance and error correction. The Services may not be available at all times.
Compliance with Applicable Laws. You can only use the Services to the extent the laws of your jurisdiction do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including those laws regarding the purchase of the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
Service Updates. We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
Restrictions on Use of Services. You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:
use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
scrape the Services or using other automated or manual means to take our content without our express prior written consent;
record the Services without our express written consent;
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;
interfere or attempt to interfere with the proper working of the Services;
bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation, our accounts, computer systems or networks connected to the Services;
run any form of auto-responder or “spam” on the Services;
access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party;
use such proprietary information or materials in any way whatsoever except for permitted use of the Services;
reproduce any portion of the Services, in any form or by any means; or
otherwise take any action in violation of these Terms.
TERMS OF PURCHASE
Payment. If you make a purchase, you represent and warrant that any payment information you provide is true and that you are authorized to use the payment method. You agree to provide your payment information at the time you purchase any Services through the Site. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by the Company.
Shopify. Our online store is powered by Shopify. You can review their terms of service here: https://www.shopify.com/legal/terms
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Services provided in your order, whether your order is made on our Site or through other methods made available by us (such as over the phone or by email communication). All orders must be accepted by us or we will not be obligated to sell the Services to you. You will receive notification of acceptance via email to the email address you provide when submitting your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to decline or cancel orders at any time. We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.
Pricing. We strive to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. All prices, discounts, and promotions posted on this Site or otherwise provided to you are subject to change without notice. The price charged for the Services will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We reserve the right to correct pricing errors that may inadvertently occur.
Customer Responsibility. It is your responsibility to send us recipients’ addresses by the deadline requested, but no later than 2 weeks prior to the event date. If you do not provide complete and accurate shipping information in a timely fashion, we will not offer refunds for a late or failed delivery (i.e. if you have purchased a 10 guest minimum package, and provide information for only 8 guests by the requested deadline, you will be charged the full amount for 10 guests).
Additional Taxes and Fees. Ground shipping in the continental US as well as applicable sales tax is included in our event-based prices. For all store items, shipping, handling and tax are additional, unless otherwise expressly indicated at the time of sale, and will be itemized in your shopping cart and in your order confirmation email. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase of Products and the Products ship to such location, you are responsible for sales and other taxes associated with the order. Your order will indicate taxes charged. If you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply.
Goods Not for Resale or Export. You agree and represent that you are not buying any of our Services for resale or export. All of our Products are subject to United States export laws, as well as the laws of the jurisdiction in which they are delivered or used. Products may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses. You agree that Products purchased from us will not to be used for activities related to weapons, terrorism, violence, crimes, or any violation of law including intellectual property rights of others. You further agree that you will not sell, lease or otherwise transfer Products to end users engaged in these activities.
Returns and Refunds. Our Services are non-returnable and non-refundable.
Changing or Canceling an Order. If you would like to change or cancel an order, email us at email@example.com with the subject line “Change/Cancel Order.” However, please note that our team works hard to process orders quickly so that you don’t have to wait, which also means that we will try our best to accommodate order modifications, but we cannot guarantee them. There are no cancellations once Products are processed for shipment.
Delivery Options. We will arrange for shipment of the Products to you. Please check the individual Product or Event page for specific delivery options.
Recipient Must be of Legal Drinking Age. Any alcohol purchased by you can only be shipped to a person of legal drinking age. By providing the name and address of a person to whom the Company is to ship any order containing alcohol, you are representing that the person to whom such order is being shipped or delivered is of legal drinking age in the destination jurisdiction. The carrier (such as FedEx, UPS, or USPS) used to ship or deliver any order containing alcohol reserves the right to validate proof of identity and age from your intended recipient. As the intended recipient of any order containing alcohol must sign an acknowledgment and present proof of identity and age before they may take possession of alcohol.
Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products to the carrier (such as FedEx, UPS, or USPS). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments and cannot guarantee delivery dates, as the shipments are physically and figuratively out of our hands.
Shipping Details. We do not allow address changes after an order has been shipped. Delivery of any order containing alcohol can only be made to a street address, and thus cannot be shipped to a PO Box. We currently ship Products within the contiguous United States and the District of Columbia. For your protection, a signature may be required for most deliveries – if our carrier is unable to deliver your order because of shipping detail errors or because you are not available to sign upon delivery, delivery will be completely contingent on the carrier’s policy on multiple attempts at delivery. We will not be responsible for late or a failed delivery. Any additional costs will be at your expense.
Shipping Costs and Delivery Dates. Shipping and delivery dates are estimates only. If we are unable to ship the Products in the time frame indicated with your order, we will notify you. Your order might take longer to process if you have ordered one of the most popular products or if your order contains an item that is currently unavailable or our inventory has been depleted.
Emails and telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and/or recorded for quality assurance purposes. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
Hey Bartender Intellectual Property. Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any of our proprietary content or materials is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at firstname.lastname@example.org.
User Content. When you submit, distribute, transmit, or post any communications or any other content or material to us on or through our Site, or through third party sites, such as Instagram, Twitter and Facebook, this is collectively called “User Content”. User Content is considered non-confidential and non-proprietary and won’t be treated as private or confidential.
By providing any User Content, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for marketing purposes. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your use of our Services. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. In addition to giving us a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
When you submit User Content, you represent and warrant that (1) you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us); (2) your submission of such materials to us does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and (3) all User Content you provide is accurate, complete, up-to-date, and not misleading (aka you’re not lying).
In addition, User Content must not: (1) include any profanity or obscene, indecent, or pornographic material; (2) contain any unauthorized or unsolicited advertising, such as spam (no one likes spam); (3) contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; (4) impersonate any person or entity (we like you just the way you are!); or (5) include anyone’s identification documents or sensitive financial information.
We may review User Content and other content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
If you don’t agree to these conditions, then please don’t provide User Content to us.
Digital Millennium Copyright Act. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Site a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to email@example.com:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
your contact information, including address, telephone number and, if available, e-mail address;
a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Likeness. We may record you during one of our Events for purposes of sharing it with your group as a keepsake, and/or for marketing purposes. You hereby agree to us recording you, and grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties such screenshot containing your likeness. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your use of our Services, with no compensation of any kind to you, including if we use the screenshot for advertising or promotional purposes. However, if you would like us to remove the photo containing your likeness from our materials, please let us know at firstname.lastname@example.org, and we will accommodate reasonable requests, at our discretion.
LIABILITY AND DISCLAIMERS
Third Party Materials and Content. You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). You acknowledge and agree that the Company 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. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that the Company shall not be 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 content, goods or services in connection with any Third Party Materials. use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Warranty Disclaimers; Limitation of Liability.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, you ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY you FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. You UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT you WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. THE COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, COMPANY IS FOUND TO BE LIABLE TO you FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF PARTICIPANTS IN ITS EVENTS, WHICH SHALL BE SOLELY THE RESPONSIBILITY OF THE PARTICIPANTS. THE COMPANY IS NOT RESPONSIBLE FOR ANY LIABILITIES ARISING OUT OF OR RELATING TO ALCOHOL OR TOOLS SHIPPED BY THIRD PARTY RETAILERS OR VENDORS. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY PROPERTY DAMAGE, BODILY HARM, OR DEATH CAUSED BY OR EXPERIENCED BY EVENT PARTICIPANTS.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
Please note that the Company’s warranty only applies to the original purchaser and resold products will not have any warranty support.
Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees)(collectively, “Losses”) arising out of or relating to your violation of these Terms—including but not limited to any failure to comply with all applicable laws concerning: the sale and distribution of alcohol and/or your representations and warranties that any alcohol purchased by you from us is being purchased for a person of legal drinking age in that the jurisdiction in which the recipient intends to consume alcohol, your use of the Services, or your use of any information obtained through use of the Services. You further agree to defend, indemnify and hold harmless the Idemnified Parties from and against any Losses arising out of or relating to your and/or any participant’s participation in any Events, including but not limited to any property damage, bodily harm, or death resulting from or attributable to such participation.
Governing Law. No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
Arbitration. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Severability. If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Entire Agreement. These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
Force Majeure. We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Assignment. You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Waiver. If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Notices and Communications. We may contact you or provide you with Service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. You may send us a request to opt out of some of those communications by emailing us at email@example.com, with subject line “Opt Out”.
COMMENTS, CONCERNS AND COMPLAINTS. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.
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