July 20, 2017
The Site is owned and operated by River Oak Creative Limited Company. Our App is solely a facilitator of communications between certain non-user merchants, namely state licensed or state-operated retailers of alcohol (each a “Merchant”) and users. The goods featured on the App are offered, provided, sold and delivered by the Merchant, not us. We are in no way responsible for the quality of goods or services offered by the Merchants. All questions regarding Merchant products should be directed to the appropriate Merchant or licensing body.
The App is made available via the Apple App Store for no charge. Use of the App may require a paid subscription through the App Store. The fee for such subscription shall be determined from time to time by us and we may change the fee for the subscription at any time in our sole discretion. By purchasing a subscription, you represent that you are using the App for the purpose of ordering alcoholic beverages for resale by a business that is licensed to serve alcoholic beverages and for no other purpose. To use the App, you must input your desired order. The App then aggregates your order and transmits your order to the appropriate Merchant via facsimile or electronic mail. You hereby expressly authorize us to process and transmit such order data, including your identity, to a Merchant via insecure and/or unencrypted means.
The information contained on the App regarding prices and specifications of the products listed on the App has been provided by the applicable licensing body. We make no representation about the availability of any specific product in connection with any Merchant. We make no effort to verify the availability of any specific product from any Merchant. Prices, specifications and availability of products may differ and are subject to change at any time, without notice.
Although every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While we have undertaken to confirm the accuracy of the information contained on the App, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. In no event shall we be liable for damages of any kind due to inaccurate information.
By using the App to place orders for alcoholic beverages, you acknowledge and agree:
(A) that United States Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated;
(B) that you are at least twenty one (21) years of age or older;
(C) to provide valid photo identification at the time of purchasing any alcoholic beverages, as required by applicable law;
(D) that sale of alcoholic beverages to you is made by the Merchant and not us;
(E) that we are a separate business and are not affiliated with any of the Merchants;
(F) that neither us nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively “Barley Parties”) shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages or any consequences thereof; and
By submitting any information or content to or by otherwise accessing and/or using the Site, or the App, including without limitation order information, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Furthermore, we do not review and assume no responsibility for any products described on the Site or the App. You agree to make your own independent evaluation of the products and services described on the Site and/or the App, including their quality.
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site, and/or the App. All materials on the Site and the App are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site and the App, we from time to time may provide you with user names, passwords and/or other unique identifiers (“User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site or the App on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site, or the App. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.
You consent to our recording, retention and use of all content, information and data that you input or otherwise communicate during your access to and/or use of the Site, the App, or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site and the App.
You acknowledge that any electronic mail, facsimile, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, or the App (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.
THE APP AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BARLEY PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE AND THE APP, AND THE BARLEY PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE OR THE APP WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE BARLEY PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE OR THE APP OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT THE BARLEY PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE OR THE APP. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE AND THE APP OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE OR THE APP AND ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
BY USING THE SITE OR THE APP YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE BARLEY PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APP, OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE OR THE APP (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF THE BARLEY PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT. IN NO CASE SHALL OUR LIABILITY EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES THAT YOU HAVE PAID TO US OVER THE TWELVE MONTHS IMMEDIATELY PROCEDING ANY INJURY.
You hereby represent and warrant that:
(A) (i) you are the person to whom the User Codes you used to access the Site and the App were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site, or the App on behalf of the company or organization to whom the User Codes you used to access the Site or the App were issued by us;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software associated with the Site or the App;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site, the App, and/or the Content;
(F) you are at least 21 years of age; and