Terms of Service

Acceptance of Terms.

BeerMenus provides websites and mobile apps, referred to hereafter as "the Service(s)" subject to the following Terms of Use ("Terms"). By using the Service in any way, you agree to comply with these Terms.

If you use the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. In that case, the terms “you” or “your” shall also refer to such entity and its affiliates, as applicable. If you do not have such authority, or if you do not agree with the Terms, you may not use the Service. You acknowledge that these Terms are a contract between you and BeerMenus Inc., even though it is electronic and is not physically signed by you and BeerMenus, and it governs your use of the Service.

Modifications to this Agreement.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.

Legal Drinking Age Notice.

To use this Service you must be of a legal drinking age in your country, province, or state of residence for the consumption of alcoholic beverages and live in a country where the consumption of alcoholic beverages is permitted.

Please exit this website immediately if you are not of a legal age in your place of residence for consuming alcoholic beverages or are in a country where consumption of alcoholic beverages is not permitted.

Content.

By submitting a menu, photo, or other content through the Service, you grant BeerMenus an unlimited worldwide right to republish the content in any online or printed form. BeerMenus reserves the right to modify, translate, republish, reproduce, and/or distribute any and all content submitted to the Service.

You are entirely responsible for all Content that you post, email or otherwise make available via the Service.

You agree that under no circumstances will BeerMenus be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that BeerMenus shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Shopping for Alcoholic Beverages

BeerMenus does not sell, offer to sell or solicit sales of alcohol: our Service enables you to search online for alcohol and other products available for sale by licensed alcohol retailers that use BeerMenus' ecommerce service ("Retailers").

When you order, it is an offer to purchase from a Retailer. The total purchase amount may be authorized by your credit card company, but your offer is not accepted by the Retailer at that time. The Retailer reviews your order and decides whether to accept it. If the Retailer accepts your order, your credit card will be charged for the order amount by a third party credit card processing provider that will transfer and deliver funds to the Retailer.

BeerMenus does not guarantee delivery times and is not liable for the actions, products, or content of Retailers.

When you order, you agree that an individual 21 years of age or older, who is capable of proving he or she is 21 years of age or older, will pick up the order or be present to accept any delivery of alcoholic beverages.

In processing any offers to purchase alcoholic beverages, neither BeerMenus nor any officer, director, employee, shareholder or agent of BeerMenus shall be liable to you for any claims relating to the purchase, sale, or consumption of the alcoholic beverage or any consequences which may result thereof.

You shall indemnify and hold harmless BeerMenus and its directors, officers, employees, shareholders, agents, representatives, or Retailers (collectively, "BeerMenus Parties") from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to your improper or illegal: (a) processing of the alcoholic beverage order; (b) purchase of the alcoholic beverage(s); (c) receipt of the alcoholic beverage(s); or (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.

Prices, taxes and fees

Retailers set the price of their products on BeerMenus, and Retailers may charge you additional fees such as delivery fees, redelivery fees, and restocking fees. Your order, including delivery fees, may be subject to tax. The amount of the tax depends on things like the products ordered, delivery location, and the legal obligations of the Retailer.

Changes to orders

If you wish to change your order after it has been placed, you may contact the Retailer, but we cannot guarantee the Retailer will accept your changes. If your order changes are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

Retailer right to refuse, cancel and adjust orders

A Retailer may refuse or cancel your order for any reason. If the product you want is not available, the Retailer will try to contact you or remove the unavailable item from your order based on the preference you selected when you placed your order. If you accept a substitution or an item is removed from the order, the order total will be adjusted accordingly.

Sometimes the law requires Retailers to limit the number or type of product(s) in your order. If this happens, the Retailer will contact you and offer changes to your order that comply with the law or cancel the order. If you accept the changes, the order total will be adjusted accordingly.

ID verification

It is the responsibility of the Retailer, and any delivery provider they use, to verify identification and age, and to determine whether it is safe and legal to provide you alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment of receipt at the time of delivery.

Alcohol cannot be left unattended—someone 21 or older must be present to accept and sign for it.

If we believe that your order is fraudulent or unlawful, we may alert the Retailer and suspend your use of the Service.

Retailer right to refuse delivery and charge restocking and redelivery fees

A Retailer or their delivery provider may refuse to deliver your order if they believe that delivering alcohol to you or the person accepting the delivery on your behalf is illegal or unsafe. If a delivery cannot be made for this or any other reason, you may be charged a restocking fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to redelivery fees.

Errors

At times, product information, such as images, descriptions, availability, and pricing will contain errors. If a Retailer identifies an error related to your order, they will contact you and either offer a reasonable substitute, remove an item from your order, or cancel your order. If you accept the changes, the order total will be adjusted accordingly.

If you receive a product that is not as described (or that you did not order), your sole remedy is to contact the Retailer and the Retailer will in its sole discretion either allow you to return the unused product (within the time period specified by the Retailer) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. If you are not satisfied with the Retailer's remedy, you can contact support@beermenus.com and we will do our best to help you resolve the situation.

Returns, refunds, and exchanges

Retailers and the laws in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged product for a refund or credit, or exchange it for something else. In some states, you can exchange a product you bought (or received as a gift) if you want something else.

Government Warning

According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

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

It is a violation punishable under law for any person under the age of twenty-one 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.

Payment.

To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide BeerMenus accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay BeerMenus in accordance with the terms set forth on the Site and in these Terms, and you authorize BeerMenus to bill your payment instrument in advance on a periodic basis in accordance with such terms.

Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to cancel your Service plan at any time by using the cancellation interface provided at https://www.beermenus.com/account. Your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

We want you to be happy with your Service plan. If you're ever unhappy and want a refund, email support@beermenus.com. We do not guarantee a refund, but we'll do our best to make it right.

We reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.

User Conduct.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by BeerMenus.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other BeerMenus users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BeerMenus user;
5. to create or submit unwanted email ("Spam") to any other BeerMenus users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;

Copyright Complaints.

BeerMenus respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email support@beermenus.com

Privacy and Information Disclosure.

BeerMenus's current privacy policy is available at www.beermenus.com/privacy

Indemnity.

You will indemnify and hold harmless BeerMenus, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or BeerMenus User ID, of any intellectual property or other right of any person or entity.

Warranty Disclaimers.

You acknowledge that BeerMenus has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BeerMenus from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BeerMenus makes no representations concerning any content contained in or accessed through the Site, and BeerMenus will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third Party Content, Sites, and Services.

BeerMenus and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BeerMenus, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree that BeerMenus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BeerMenus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BeerMenus successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service.

Limitation of Liability.

IN NO EVENT SHALL BeerMenus OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination.

BeerMenus may terminate or suspend any and all Services and your BeerMenus account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BeerMenus account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General Information.

The Terms constitute the entire agreement between you and BeerMenus and govern your use of the Service, superceding any prior agreements between you and BeerMenus. The Terms and the relationship between you and BeerMenus shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BeerMenus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of BeerMenus to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation of Terms and Liquidated Damages.

Please report any violations of the Terms, by emailing support@beermenus.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.