Terms of Service

Terms of Service

Welcome to Liquor Boutique! These Terms of Service (the "Terms") govern your access to and use of the Liquor Boutique websites, including all content, features, and applications offered through these websites (collectively, the "Services"). The Services are provided by Liquor Boutique, and throughout these Terms, "we," "our," or "us" refer to Liquor Boutique.

Before using the Services, please carefully read and understand these Terms. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use the Services.

Please note that if you violate these Terms or our Privacy Policy, your right to access or use the Services may be terminated automatically.

Age and Geographic Restrictions

The Services are intended for use by individuals who are of legal drinking age in their respective jurisdictions and reside in the United States. Please refrain from using the Services if you are not of legal drinking age, live outside of the United States, or do not agree to these Terms.

Changes to Terms

We may, at our sole discretion, revise and update these Terms from time to time. If possible, we will attempt to provide advance notice of changes. By continuing to use the Services after the effective date of any updated Terms, you agree to be bound by the revised Terms. It is your responsibility to periodically review these Terms for any changes.

Prohibited Uses

You agree not to use or access the Services:

  1. In a manner that violates any applicable federal, state, local, or international laws or regulations, including intellectual property laws, or laws regarding data export from the United States or other countries.

  2. To deceive, exploit, or attempt to deceive or exploit others in any way, such as exposing them to inappropriate content or soliciting Personal Information, including but not limited to social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.

  3. To create, solicit, transmit, or procure the sending of any unwanted, unsolicited, or harassing comments or communications, including advertising or promotional material, without our prior written consent. This includes activities commonly referred to as "junk mail," "chain letters," "spam," or similar forms of solicitation.

  4. To impersonate or falsely imply that you are associated with Liquor Boutique, its employees, Liquor Boutique's URL or domain name, another user, or any other person or entity. This includes using email addresses or usernames associated with any of the foregoing.

  5. In any manner that could disable, alter, overburden, damage, or impair the Services, or engage in any other conduct that restricts or interferes with any other party's use. This includes, as determined by us, activities such as transmitting worms, viruses, spyware, malware, or any other code with destructive, malicious, intrusive, or disruptive characteristics.

  6. To circumvent or disable any content protection system or digital rights management technology used with any Service. Additionally, you must not engage in actions such as decompiling, reverse engineering, disassembling, or reducing any Services to a human-readable form. Removing identification or other proprietary notices is also prohibited. Unauthorized or unlawful use or any use that implies an association with our products, services, or brands is not allowed.

  7. To access data, including user information, through unauthorized means. This includes using automated devices, caching, scripts, bots, spiders, crawlers, or scrapers.

Your Responsibilities

You are solely responsible for your interactions with other users of the Services, whether online or offline. You agree that Liquor Boutique is not responsible or liable for the conduct of any user. Liquor Boutique reserves the right, but is not obligated, to monitor or become involved in disputes between you and other users. Please exercise common sense and good judgment when interacting with others.

Communications

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Services. In case of a security system breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email. You may have a legal right to receive such notices in writing.

Product and Service Purchases and Promotions

Making Purchases: If you wish to purchase products or services described on the Services, you may be asked to provide certain information relevant to your transaction, including credit card and other payment details. You understand that this information will be treated as described in our Privacy Policy. You agree to provide accurate, current, and complete information and to pay all charges incurred by you or any users of your account details and credit card at the prices in effect when such charges are incurred. You are also responsible for any applicable taxes related to your purchases. By submitting this information, you grant Liquor Boutique the right to provide it to third parties to facilitate transaction completion. Verification of information may be required before the completion of any transaction.

Descriptions, images, or references to products or services on the Services do not imply Liquor Boutique's endorsement of such products or services. We reserve the right to change descriptions or references without prior notice. We may also limit order quantities, refuse to provide products or services, or modify promotions at our discretion.

Promotions: We may offer sweepstakes, surveys, contests, and other promotional events from time to time ("Promotions"). Participating in any Promotion subjects you to its rules, which may differ from these Terms. Please review the rules of each Promotion you choose to participate in. These Terms of Service remain in effect as long as you use the Services, regardless of any conflicting Promotion rules.

Intellectual Property

We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes, in accordance with these Terms and our Privacy Policy.

The Services may contain content owned or licensed by Liquor Boutique, including text, images, audio/visual works, icons, and scripts ("Liquor Boutique Content"). Liquor Boutique Content is protected by various laws, including copyright, trademark, patent, trade secret, and others. Liquor Boutique retains all rights in Liquor Boutique Content and the Services.

You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices in Liquor Boutique Content. Reproducing, modifying, adapting, creating derivative works, performing, displaying, publishing, distributing, transmitting, broadcasting, selling, licensing, or otherwise exploiting Liquor Boutique Content without our prior written permission is prohibited.

Goods Damaged During Transit

If your order is damaged during transit and you purchased Navidium shipping insurance, you must send photos of the damaged goods within 24 hours of arrival to contact@liquorboutique.com. Failure to do so may void Navidium coverage. Refunds, replacements, or other agreements will be made at the discretion of Liquor Boutique and Navidium. Liquor Boutique reserves the right to report fraudulent claims to credit card companies and ban users engaged in fraudulent activity.

UPS Missed Delivery

If UPS attempts delivery three times without success, they will return the order to us. In this case, you will be invoiced for the return delivery fee and the fee to reship the order, totaling three separate shipping charges. We recommend ordering when someone over

21 will be available to accept and sign for the order.

Monitoring and Enforcement; Termination

We reserve the right to:

  1. Modify or terminate the Services at any time, without notice, for any reason, without liability.

  2. Refuse, terminate, or suspend your access to all or part of the Services for any reason, including violating these Terms. Upon termination, all licenses and rights granted to you under these Terms will cease.

  3. Remove, edit, block, or monitor content that, in our sole discretion, violates these Terms.

Linking to the Services

You may link to our Site homepage, provided it is done fairly and legally without damaging our reputation. You must not imply any form of association, approval, or endorsement on our part without our prior written consent.

The Services may provide social media features that enable you to link to certain content. You may use these features as provided by us and must not establish links from websites you do not own or cause the Services to appear on other sites in ways inconsistent with these Terms.

Links on Our Services

The Services may contain links to third-party sites and resources provided by others. These links are provided for your convenience. We have no control over the contents of these sites and accept no responsibility for them or any loss or damage arising from your use of them.

Services Content

We may update the content in our Services, but it may not always be complete or up-to-date. Material in the Services may be out of date at any time, and we are not obligated to update it. While we intend for the Services to be available, there may be interruptions for various reasons. Liquor Boutique reserves the right to remove content from the Services for any reason without prior notice.

Copyright Policy

If you believe that materials on the Services infringe your copyright, please follow the procedure described in the Digital Millennium Copyright Act of 1998 ("DMCA"). We will remove infringing content following proper DMCA notifications.

Suggestions and Submissions

We appreciate your comments regarding the Services. However, please note that if you send us creative ideas, suggestions, inventions, or materials ("creative ideas"), we:

  • May exclusively own all rights to the creative ideas.
  • Are not subject to any obligation of confidentiality regarding the creative ideas.
  • Are not liable for the use or disclosure of creative ideas.
  • Have the right to use creative ideas for any purpose without compensation to you or others.

Agreement to Arbitrate Disputes

Any dispute or claim arising out of or related to these Terms, the Privacy Policy, or the Services shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The location for arbitration shall be San Diego, California, and the language used shall be English.

You may only bring claims in your individual capacity and not as part of a class or representative action. The prevailing party may be awarded its reasonable costs, including attorneys' fees. The arbitration award may be entered in any court of competent jurisdiction.

No information concerning an arbitration beyond the parties' names, their representatives, and the requested relief may be disclosed to a third party. We may request that the judicial record of any proceeding related to arbitration be sealed.

Governing Law

Any dispute arising out of or related to these Terms, the Privacy Policy, or the Services shall be subject to the jurisdiction and venue of the state and federal courts in San Diego, California, and governed by the laws of the State of California.

Disclaimer of Warranties and Limitations of Liability

  • We do not guarantee that files available for download are free of viruses or destructive code. You are responsible for virus protection and data accuracy.
  • Violating these Terms may result in termination of your use of the Services. You use the Services at your own risk.
  • To the extent permitted by law, the Services are provided "as-is," and we make no representations or warranties, whether express, implied, statutory, or otherwise.
  • We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses.
  • We do not endorse, approve, or verify posted content on the Services and are not responsible for it.

Indemnification

You agree to indemnify and hold harmless Liquor Boutique and related parties from any loss, expenses, damages, and costs resulting from your violation of these Terms. You also agree to indemnify us from claims brought by third parties related to your use of the Services.

Waiver and Severability

No waiver of any term or condition will be deemed a waiver of others. If any provision is found invalid or unenforceable, it will be limited to the minimum extent to maintain the remaining provisions' full force and effect.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Liquor Boutique regarding the Services, replacing any prior agreements, understandings, or representations.