Acceptance of Terms.

The Terms of Use Agreement constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and BEER ME HOME LLC (“Company”) concerning your access to and use of the Company’s website (“Site”). Any person who wishes to access the Site to view and/or conduct business or to otherwise use the Site (collectively, the “Services”) must, before registering and becoming a member of the Site, accept the terms and conditions of this Terms of Use and our Privacy Policy (the Terms, Privacy Policy, and additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”) by clicking on the "I agree to the terms & conditions" checkbox at the Signup page.

 

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Service and the Privacy Policy as a binding legal agreement between you and the Company, without limitation or qualification. The term “you” or “user” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. You further confirm that you are at least 18 years of age and that you will provide a government issued photo identification upon delivery to verify your age and identity.

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If you do not agree to these Terms of Service and the Privacy Policy, then you may not use the Site. BEER ME HOME LLC reserves the right to modify these Terms of Service at any time without prior notice.

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1. License

Company grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. You may use the Service only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Service or its contents; collect and use any product listings, descriptions, or prices; make any derivative use of the Service or its contents; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Service. This license will terminate if you do not comply with these Terms.

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    2. Alcoholic Delivery Rules and Restrictions

The Company sells items ("Products") and provides a delivery service only through online means (website and apps) which all orders and purchases are processed.  At the time you purchase alcoholic beverages or other products, your credit card and/or bank account will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Company.

Neither Company, nor any officer, director, employee, shareholder or agent of Company shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.

 

By completing a purchase through the Site, the User agrees that an individual 18 years of age or older will be present to accept the delivery of alcoholic beverages. The Delivery Agent reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons.

 

All deliveries including alcoholic beverages can be accepted by a building attendant (doorman), who is capable of proving that he or she is 18 years or older and can provide a valid form of government issued identification at the time of delivery. Building attendants must sign for acceptance of the delivery and take charge of the contents immediately.

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If no person at the delivery address is at least 18 years of age and/or cannot provide valid photo identification of his or her age, the Delivery Agent will not render services. Additionally, if the Delivery Person is unable to contact you or the account holder at the specified delivery address for five (5) or more minutes, all Products will be removed from the order and returned to the warehouse and the User will be charged the total amount of the order. No refunds will be issued under this circumstance.

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   3. Government Warning

ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of 18 years; or any visibly intoxicated person.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 18 TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

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   4. FDA Disclosure

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.

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5. USER CONDUCT

You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:

• to comply with US law and Puerto Rico laws or rules regarding online conduct and acceptable material;

• not to use the Site to purchase alcohol unless you and the alcohol recipient are 18 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;

• by using this site, the User swears and affirms that he or she is over the age of 18. BEER ME HOME LLC reserves the right to prosecute to the fullest extent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use BEER ME HOME LLC to provide alcohol to a person under the age of 18. 

• not to access the Site or services using a third-party’s account/registration without the express consent of the account holder;

• not to use the Site for illegal purposes;

• not to commit any acts of infringement on the Site or with respect to content on the Site;

• not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;

• not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;

• not to copy, publish, advertise or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers. We retain the right to deactivate or invalidate any promo code at any time in our discretion;

• not to attempt to gain unauthorized access to other computer systems from or through the Site;

• not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;

• not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

• not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).

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    6. Copyright, Trademark and Other Proprietary Rights.

“BEER ME HOME” all Beer Me Home logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Beer Me Home or otherwise proprietary to Beer Me Home and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by Beer Me Home (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beer Me Home or its affiliates and you do not acquire any ownership rights in such marks, logos or names by using this Site of the Beer Me Home Delivery Service.

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Some or all of the material made available at the Site is protected by copyright. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company’s written consent, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the “home page”, must be obtained from Company. Requests for such authorization should be sent via email to: beermehome@gmail.com

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 For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All Rights, including design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill is proprietary of Company. In the event that you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Company. Company does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Company retains full and complete title to the Software, and all Rights therein. The Company software applications and the Content are licensed, not sold, to you, and Company and its licensors retain ownership of all copies of the Company software applications and Content even after installation on your personal computers, mobile handsets, tablets, and or other relevant devices (“Devices”).  You may not redistribute, sell, decompile, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and upon giving Company prior written notice of such activities.

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All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

You may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written consent of Company. The modification of any materials displayed on the Site is a violation of copyright and other Rights held and/or owned by Company, its licensors and/or other third parties.

Images of people or places displayed on the Site are either the property of, or used with permission by Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate rights, privacy and publicity laws, and communications regulations and statutes. Company neither warrants nor represents that your use of materials displayed on the Site shall not infringe rights of third parties not owned by or affiliated with Company.

You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy the Site; (ii) modify, translate or create derivative works based on the Site; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Site to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates the Site.

 

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7. Right to prosecute

You understand that Company reserves the right to prosecute, to the fullest extent of the law any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use Company’s Services to provide alcohol to an individual who is under the age of 18.

1. Posting

(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.

(b) By posting content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Site, any content you supply to the Site, or your violation of these Terms or the rights of another.

1. Accessing

(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

(c) The postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.

(d) We may enable you to establish an account with a username and password to access and use the Services. You are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

1. Children

Collecting personal information from children under the age of 18 (“minor children”) through the Services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.

1. Unauthorized Use of Materials

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact:   beermehome@gmail.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

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 Other Links

The Site may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 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 such content, goods or services available on or through any such site or resource.

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Jurisdictional Issues

This Site is controlled and operated by Company from its offices within the Commonwealth of Puerto Rico. Company makes no representation that materials in the Site are appropriate or available for use in other locations. Access to this Site from jurisdictions where the content of this Site is illegal or penalized is prohibited.

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Choice of Law and Forum

The Agreement and the relationship between you and Company shall be governed by the laws of the Commonwealth of Puerto Rico and the United States without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Puerto Rico.  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

Company has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to all or any part of the Site and/or the Services;

2. Change, suspend, or discontinue all or any part of the Site and/or the Services;

3. Refuse, move, or remove any material that you submit to the Site for any reason;

4. Refuse, move, or remove any content that is available on the Site;

5. Deactivate or delete your accounts and all related information and files in your account;

6. Establish general practices and limits concerning use of the Site.

You agree that upon termination of this Agreement, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

You agree that upon termination you shall remain liable to Company for any and all obligations you may have incurred with Company.

You agree that Company shall not be liable to you or any third party for taking any of these actions.

Company’s failure to enforce the strict performance of any provision of this Agreement shall not constitute a waiver of Company’s right to subsequently enforce such provision or any other provisions of this Agreement.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Company may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Site.

For general questions regarding the Site, its Services, unauthorized transactions, or compromised user information you may contact:

beermehome@gmail.com

This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Privacy Policy and any Policies and Guidelines included by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

You understand and agree that the Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services.

This Agreement is effective upon acceptance by you.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, storm, hurricane, natural disaster, act of God, war, terrorism, labor strike, or boycott, provided that the party invoking this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided; that in the event of a force majeure event, as described herein, extends for a period of time in excess of ten (10) days, Company may temporarily halt the Services provided under this Agreement, and shall have no liability therefore.

BEER ME HOME, LLC offers and expects to complete the delivery on the next available weekend (Saturday or Sunday) of your date of purchase under normal conditions. In extreme situations where the delivery service would be unreasonably extended, BEER ME HOME, LLC reserves the right to inform the client at any moment during the process that the delivery service could not be provided or completed and to cancel the order. In such instance, the money will be refunded to the client, with BEER ME HOME LLC having no further responsibility and no liability.

 

Document Updated as of June 2020​