YOU MUST BE AT LEAST 21 YEARS OLD TO VISIT THE
RESERVEBAR.COM. IF YOU ARE NOT, YOU MUST LEAVE THE SITE IMMEDIATELY. WE TAKE BEVERAGE
ALCOHOL LAWS SERIOUSLY, AND IF YOU ATTEMPT TO PURCHASE OR RECEIVE BEVERAGE ALCOHOL BY
PLACING AN ORDER ON RESERVEBAR.COM, WE WILL ASSIST LAW ENFORCEMENT IN PROSECUTING YOU
TO THE FULLEST EXTENT OF THE LAW. YOU MUST BE LOCATED IN THE UNITED STATES TO AVAIL
YOURSELF OF THIS SITE.
The internal laws of the State of Delaware, without regard to any
otherwise applicable choice of laws principles, shall govern any action related to these Terms
of Service, the use of the ReserveBar.com site or the ReserveBar business. If you do not agree
to the following, then you should not avail yourself of the site or use any features of this
site. Your use of this site will signify your agreement to all of the following provisions:
In the event of a dispute between you and us arising
under or relating to the ReserveBar.com site or the ReserveBar business, you hereby
acknowledge and agree that by using the ReserveBar.com site, you are irrevocably
agreeing to resolve any such dispute or claim through binding arbitration, as
described below, instead of bringing an action in court. THIS MEANS THAT
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT
OR TO HAVE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY
AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
Pursuant to the terms of your agreement to ARBITRATE,
as set forth in the following paragraph, any ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.
THIS MEANS THAT NEITHER YOU NOR RESERVEBAR MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION
BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE
OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR SIMILAR CAPACITY.
All orders are fulfilled by licensed retailers which sell alcoholic
beverages. Neither those licensed retailers nor ReserveBar sell alcohol to persons under the age of
21. By using this site you swear and affirm and represent to us that you are over the legal age
required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF
CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO
AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO
DELIVER PERMIT THE SALE AND DELIVERY.
We will rely upon the foregoing representations, and if we
are held liable in the event that your representations are not true, and in such case, you
hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol
products and be responsible for all costs, expenses (including legal fees) and damages we
and the retailer(s) suffer or incur.
All orders placed on the ReserveBar.com site are
subject to acceptance and shipment by a licensed liquor retail
store in the ReserveBar network, and no order is deemed to be accepted by such
licensed liquor store until the order is shipped by the retailer. Pursuant to
applicable laws and regulations, the liquor store may refuse to accept or fulfill
your order for any reason, including, among others, the occurrence of a technological
mistake or “glitch” in the transmission of pricing to the customer over the
ReserveBar.com site. Therefore, no contractual or other obligation to sell and
ship the bottle(s) ordered via the ReserveBar.com platform attaches or is final or
binding on the licensed retailer unless and until a licensed retailer accepts and
ships the order to the you (or the intended recipient), even if your credit or debit
card is authorized or actually charged at the time of order placement or thereafter;
in the event of that situation, the customer’s credit or debit card shall be credited
back in full. Similarly, in that situation, you will not be responsible for the payment,
nor will ReserveBar or the licensed retailer be responsible for providing any further
compensation to you or any other party (other than the credit for the amount charged to
your customer’s card).
ReserveBar.com is owned and operated by RESERVEBAR HOLDINGS
CORP., (doing business as “ReserveBar”). By using the site, YOU AGREE TO BE BOUND BY
THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations
that appear or are made available to you on our site (for example, in connection
with special offers or promotions), as they may be amended from time to time, we may
refer to herein collectively as your “Agreement” with us.
Title to, and ownership of, all alcoholic beverages passes
from the retailer to the purchaser at the store, in the State the alcoholic beverage is
purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping
from that retailer to the state chosen by the purchaser. By arranging for transportation or
shipping of any alcoholic beverage under your instructions, we are providing a service to, and
acting on behalf of you, or the purchaser if another party. By having us or the retailer arrange
the shipping on your behalf, you are also representing that you are acting in a fashion compliant
with the laws and regulations of your State, municipality and any other State that apply to you
and the purchase, shipping, transportation and delivery of alcoholic beverages, including spirits.
IF YOU DO NOT WISH TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH, DO NOT PLACE AN ORDER.
You affirm and represent that you have obtained any and all required permission or consent,
paid any required fees, and are working through properly licensed intermediaries where required,
and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and
take possession of alcoholic beverages.
By using our site and services, you signify your acceptance of the
Agreement, including, without limitation, all the terms and conditions in these Terms of Service.
If you do not agree completely with any terms, conditions, disclaimers, limitations or other
provisions in your Agreement with us, your only remedy is to discontinue use of our site. We
reserve the right to modify our Agreement with you, including, without limitation, these Terms
of Service at any time. Your continued use of any portion of our site following the effective
date contained in the notification or the posting of such changes on our site if no other effective
date is specified, will constitute your acceptance of those changes and agreement to comply with
all the then current terms and conditions of the Agreement.
If you have questions or concerns about our
specific terms, please send an e-mail to [email protected].
You agree not to do any of the following while
Intentionally or knowingly violate any applicable law or
regulation or agreement to which you are bound – including this Agreement – nor the
rights of any other party;
Purchase only for the following reasons: (i) personal
drinking consumption in the United States; or (ii) gifting to someone (of legal age)
in the United States.
You agree that you are not purchasing for resale.
Misrepresent or try to deceive us as to your identity or
the identity of anyone else, use buying agents or conduct fraudulent
Exceed authorized access, tamper with, or misuse any areas
of ReserveBar.com or ReserveBar.com's computer systems, resources, programming, code
or communications capabilities, nor any features or functions of our sites. Anyone
who does so or attempts to do so may be subject to prosecution.
Frame or link to ReserveBar.com or any of our other sites,
unless permitted in writing by ReserveBar.com.
Any opinions, advice, statements, services, offers, events
or other information or content expressed or made available on our Web site by any third
parties (including information providers and users) are those of the respective author(s)
or distributor(s) and not ours. We neither endorse nor are responsible for these, in any
way, including, without limitation, the accuracy or reliability of any opinion, advice,
information or statement made by anyone other than our employee who is authorized by us
and is acting in her or his official capacity. .
As required by the Communications Decency Act of 1996, we
hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you in
limiting access to information and content that may be objectionable or harmful to
minors as specified by law. Among the many companies that provide Internet blocking
and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not
sponsor, recommend or endorse or have any commercial arrangement or control any of
these companies or their services.
Our site may contain links to other websites and/or resources.
You acknowledge and agree that we are not responsible or liable for their (1) availability
or accuracy; or (2) content, advertising or products on or made available. The inclusion of
any link on our site does not imply that we endorse, verify, have reviewed or monitor the
link or the site reached through the link.
All text, graphics, logos, icons, images, audio clips, video
clips and software on the site ("Content") are copyrighted materials owned by or licensed to
us. Content may contain trademarks, service marks and trade names which are owned by us and
may also contain brand and product names which are trademarks, service marks or trade names
which are owned by us or by third parties and the term “Content” will be used and mean to
include these as well. Unless authorized in writing by an officer of ReserveBar, you may
not use any Content without our prior written consent and even if we consent, in any manner
that is likely to cause confusion among customers, or in any manner that disparages or
discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate,
resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror,
repost, exploit for any commercial purpose, or otherwise use any of the Content in any way
for any public or commercial purpose without our prior written consent or the consent of
the rights holder if not us. You may not use the Content on any other Web site or medium.
You may not use the Content in a networked computer environment for any purpose other than
to transact with our site as authorized by us. If you violate any of these terms, your
permission to use the Content will automatically terminate, you must immediately destroy
Content in your possession or under your control and any copies you have made and we may
end your authorization to use our site. Nothing shall be construed as conferring any license
or right under any copyright, trade secret, patent, trademark or other intellectual property
rights to you and we expressly reserved all such rights.
"Communication" means any customer agreements or amendments
thereto, disclosures, notices, responses to claims, transaction history, privacy policies
and all other information related to your use of the site, including but not limited to
information that we are required by law to provide to you in writing. We will give you any
necessary Communications by posting them on our site. You authorize us to send any Communications
and all changes to such Communications electronically. You must provide at your own expense
an Internet connected device that is compatible with the minimum requirements outlined below.
You also confirm that your device will meet these specifications and requirements and will
permit you to access and retain the Communications electronically each time you access and
use the applicable services.
Please select Print, and select your printer to retain a
copy. If you do not have a printer, you can copy the text of this Disclosure and the
underlying agreements and paste the text into a new document in a word processor or
a text editor on your computer and save the text.
System Requirements to Access Information
To receive and view an electronic copy of the
Communications you must have the following equipment and software:
System Requirements to Retain Information
To retain a copy, you must either have a printer connected
to your personal computer or other device or, alternatively, the ability to save a
copy through use of printing service or software such as Adobe Acrobat®. If you have
a word processor or text editor program on your computer, then you can also copy the
text of this Disclosure and the underlying agreements and paste the text into a new
document in the word processor or text editor and save the text.
Withdrawal of Electronic Acceptance of Disclosures and
You can also contact us in any of the ways described in the
paragraph entitled "Paper Delivery of Disclosures and Notices" to withdraw your
consent to receive any future Communications electronically, including if the system
requirements described above change and you no longer possess the required system.
If you withdraw your consent, we will terminate your use of the site and the
services provided through the site.
Termination / Changes
We reserve the right, in our sole discretion, to
discontinue the provision of your electronic Communications, or to terminate or
change the terms and conditions on which we provide electronic Communications. We
will provide you with notice of any such termination or change as required by
Although we endeavor to provide current, accurate and
reliable information on our site, we cannot and do not warrant, promise, guarantee
or make any representations regarding the accuracy, security, reliability or any use
of the functions, features, operations, Content or information. We cannot and do not
warrant your use of our site, or the operation or function of the our site, any
component, feature, function, capability or offer or any products, software or
services, will be uninterrupted or error free, or that defects or malfunctions will
be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk
and you assume full responsibility for all costs and expenses associated with
servicing and/or repair in any way connected or arising from attempted, alleged or
actual use or access of our site. We make no representations about the suitability,
reliability, availability, timeliness and accuracy of our site. OUR SITE AND THE
CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR
STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR
In no event shall we and/or our officers, directors,
partners, owners, agents, contractors, representatives and/or the alcohol brand
and/or retailers who fulfill your orders, be liable to you or anyone else for any
indirect, punitive, incidental, special or consequential damages or any damages
whatsoever, including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with our website, this Agreement,
the use or performance of our website, the delay or inability to use our website,
the provision of or failure to provide services, or for any events, information,
software, products, services and related graphics obtained through the our website,
or otherwise arising out of the use of our website, whether based on contract, tort,
negligence, strict liability or otherwise, even if we or any other party may have been
advised of the possibility of damages.
If you are dissatisfied with any portion of our Web
site, or with any part of this Agreement or your transactions with us, your sole
and exclusive remedy is to discontinue using our Web site. This sole and
exclusive remedy is separate and independent of any other provision that limits
our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold ReserveBar,
its affiliates, employees, officers, directors and agents and alcohol brand owners
and licensed retailers which fulfill orders (“ReserveBar Parties”) harmless from
and against any and all claims, damages, losses, costs, investigations, liabilities,
judgments, fines, penalties, settlements, interest and expenses (including attorneys’
fees) that directly or indirectly arise from or are related to any claim, suit, action,
demand, or proceeding made or brought against any ReserveBar Party, or on account of
the investigation, defense, or settlement thereof, arising out of or in connection with,
whether occurring heretofore or hereafter: (i) any content you post or upload on the site;
(ii) your use of the site and your activities in connection with the site; (iii) your
breach or alleged breach of these Terms of Service or the representations or warranties
that you have made in these Terms of Service; (iv) your violation or alleged violation
of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental
or regulatory authorities in connection with your use of the site or your activities in
connection with the site; (v) information or material transmitted through your device used
to access the site, even if not submitted by you, that infringes, violates or misappropriates
any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other
right of any person or entity; (vi) any misrepresentation made by you; and (vii) ReserveBar
Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by ReserveBar Parties in the defense of any Claim and
Losses. Notwithstanding the foregoing, ReserveBar Parties retain the exclusive right to settle,
compromise and pay any and all Claims and Losses. ReserveBar Parties reserve the right to
assume the exclusive defense and control of any Claims and Losses. You will not settle any
Claims and Losses without, in each instance, the prior written consent of an officer of a
Your use of our Web site is also subject to our Privacy
After you place an order using our shopping cart,
we will check the information you give us for validity and compliance with state
laws and regulations, by verifying your method of payment or shipping address.
We reserve the right to reject any order you place with us, and/or to limit
quantities on any order, without giving any reason. If we reject your order, we
will attempt to notify you using the e-mail address you have
given us with the order. Your credit or debit card will normally not be charged
if we reject an order, but we will process a refund if the charge has been made
against your card.
Your receipt of an electronic or other form of
order confirmation does not signify an acceptance of your order, nor does it
constitute confirmation of an offer to sell. The licensed retailer fulfilling
your order reserves the right at any time after receipt of your order to accept
or decline your order for any reason.
All sales made through our Web site are subject to our return policy. Alcohol products
sold via the ReserveBar.com site are now eligible for a 1-hour cancelation window. This
means you can cancel and refund within one (1) hour of ordering with us. To do so,
please email us at [email protected].
After that timeframe, all sales are final, subject to the limitations set forth in our
Return Policy. For a complete description and explanation of our return policy,
please see the section about Returns in our Customer Service section.
We reserve the right to reject any order you place with us
and/or or to limit quantities in any order, without giving any reason or for no
reason, if we determine it is in our best interests to do so. If we reject your
order or reduce the quantities of any items in your order, we will attempt to notify
you using the e-mail and/or billing address you gave us when you placed the
We and/or the licensed retailers may, at our own
discretion, limit or cancel quantities purchased per person, per household or per
order. We also reserve the right to reject any order you place via the
ReserveBar.com site. These restrictions may include orders placed by the same Web
site account, the same credit card, and orders that use the same billing and/or
shipping address. In the event we make a change to an order, we will attempt to
notify you by contacting the e-mail and/or billing address provided at the time the
order was made. We and/or the licensed retailers that fulfill your orders reserve
the right to limit or prohibit sales to dealers.
All orders placed on our site are subject to product
availability and will be shipped according to ReserveBar’s shipping policies. In the
event your order never arrives, notification of lost items must be received within
30 days from receipt of the shipping confirmation e-mail. Please review the Shipping
Information portion of our Customer Service section for additional information on
shipping times, rates and policies.
Prices and availability of products and services are
subject to change without notice. Errors will be corrected where discovered and we
have the right to refuse or cancel any orders placed for products and/or services
listed at an incorrect price, rebate or refund or other promotional offer or
containing any incorrect information or typographical errors. We have the right to
refuse or cancel any such orders, whether or not the order has been confirmed and/or
your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we shall issue a credit to your credit card
account in the amount of the charge. Individual bank policies will dictate when this
amount is credited to your account.
ReserveBar may offer areas and features which are
accessible via a mobile device, like a smartphone. These features and areas may
include the ability to upload content, make purchases, determine your location, and
other similar activities. Note that standard messaging, data, and other fees may be
charged by your carrier to engage in any activities which are available on your
mobile device. If you have questions about these issues, please contact your carrier
as We have no control, and are not responsible for such charges.
You agree that for the functions or services which are part
of your registration with ReserveBar.com, We may send communications to your mobile
device regarding the functions or services you have registered to be able to use on
ReserveBar.com. You also agree that we may collect information related to your
mobile device associated with your use of the features and areas which are
accessible by your mobile device.
We may terminate your ReserveBar.com account with or
without cause at any time effective immediately. You are personally liable for any
orders that you place or charges that you incur prior to termination. We reserve the
right to change, suspend or discontinue all or any aspects of the site at any time
without prior notice.
We shall be excused from performance under this Terms of
Service if we fail or are prevented, forbidden or delayed from performing by reason
of: (a) any provision of any present or future law or regulation or order of any
court, the United States of America, or any State or local government body, (b) any
act or omission of a third party, or (c) any act, emergency condition, war, computer
or telecommunications failure or other circumstance beyond our control.
You agree that we and our agents, representatives,
contractors, suppliers and others working on our behalf, may make improvements
and/or changes in the Content on the site, and all features, functions and/or
services may change at any time without notice and without liability of any kind.
You are responsible for compliance with applicable laws and regulations that apply
to you, keeping in mind that access to our site may not be legal by certain persons
or in certain countries. Even if we don’t exercise some right or enforce some
provision at any particular time, that doesn’t mean we have waived that or any other
right in any way. If any provision of our Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision shall be construed, as
nearly as possible, to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. These Terms of Service, along with
referred to herein, comprises the entire agreement between you and us regarding the
subject matter and supersedes all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties with respect to same. These Terms of
Service and our Agreement with you, is personal to you and you may not transfer,
assign, or delegate any of them to anyone without our express written permission and
any attempt to do so without prior written permission, will be void ab initio. These
Terms of Service will inure to the benefit of our successors, assignees, and
licensees. The headings are included for reference only and have no effect on the
meaning of any provision.
ReserveBar is committed to making our website's content
accessible and user friendly to everyone. If you are having difficulty viewing or
navigating the content on this website, or notice any content, feature, or
functionality that you believe is not fully accessible to people with disabilities,
please call our Customer Service team at 855-443-8144 or email our team at
[email protected] with “Disabled Access” in the subject line and provide a
description of the specific feature that you believe is not fully accessible or a
suggestion for improvement. We take your feedback seriously and will consider
it as we evaluate ways to accommodate all of our customers and our overall
accessibility policies. Additionally, while we do not control third party
vendors, we strongly encourage vendors of third-party digital content to provide
content that is accessible and user friendly.