ShippyPros Inc DBA Cloudbar
TERMS OF SERVICE
Effective Date: Sept 19, 2021
BY USING THIS WEBSITE OR APPLICATION OR BY PLACING ORDERS THROUGH THIS WEBSITE OR APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THE “TERMS”).
IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR PLACE ANY ORDER.
- Licensed retailers (“Retailers”) pay CloudBar to generate consumer orders like Your order. Your order and payment are processed by Cloudbar and sent directly from You to Retailer. Your order includes order and payment information (“Your Information”) to allow CloudBar to process Your order and payment.
- When You submit order and payment information, You expressly represent and warrant that You are at least 21 years of age.
- You place Your order from advertising on this website for specific alcoholic beverages at specific prices CloudBar reasonably believes Retailers will agree to. CloudBar creates and places advertising to generate Your order placed with Retailers. Advertising is purely to generate consumer orders for Retailers to accept, or not, and does not promote or advertise any Retailer.
- Retailers, and no one else, make all alcoholic beverage sales (any transaction, including delivery and soliciting or receiving any order, whereby title to alcoholic beverages is transferred, for consideration, to consumers), and deliver all alcoholic beverages to You.
- CloudBar does not sell, or even own, alcoholic beverages that Retailer sells You.
- Your order is subject to acceptance by Retailers and product availability.
- Retailers may choose not to accept Your order for any reason including Retailer does not agree to price or otherwise objects to advertising that generates Your order or Retailer has concerns it cannot sell to You.
- Retailer may request further information from You before accepting Your Order including confirmation of Your age through an age verification service.
- CloudBar will inform You if Retailer does not accept Your order and CloudBar may, but is not required, to find another Retailer to accept Your order.
- CloudBar may charge You a Service Fee for processing Your order and payment to Retailers.
- CloudBar does not, directly or indirectly, give any gift, free goods or premium to You.
- CloudBar does not give, loan or furnish anything, directly or indirectly, to any retailer or retailer agent.
- CloudBar is not a distilled spirits manufacturer or agent of a distilled spirits manufacturer that solicits You to purchase amounts or lots of distilled spirits through a speciﬁc retailer.
- CloudBar provides this service to You in exchange for Your Information and Your consent to use Your Information; CloudBar gives no gift, free goods or premium.
- Retailers, not CloudBar, agree to alcoholic beverages they sell and the sale prices.
- Retailers receive and fulfill orders for alcoholic beverages directly from and to You - not through any marketplace in which products are sold in competition with other retailers You choose. Communications are directly between You and Retailers; CloudBar does not communicate any offer or acceptance between You and Retailers.
- Your payment for orders is made directly to Retailers through payment to Retailer account or payment to accounts of others Retailer must pay for goods or services in connection with Retailer’s sale to You, for example money Retailer owes to distributor who sold alcoholic beverages to Retailer that You purchased from Retailer.
- CloudBar does not engage in any payment processing services.
- CloudBar uses SMS text messaging for communicate information to you regarding your orders. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
- Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Cloudbar may provide updates, alerts, and information (e.g., order updates, account alerts, etc.), as well as promotions, specials, and other marketing offers (e.g., cart reminders) via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP in response to any text message from Cloudbar in order to stop receiving text messages, in which case you will receive a one-time opt-out confirmation text message. If you have subscribed to other Cloudbar mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance relating to our text messaging service, text HELP in response to any text message from Cloudbar.
- We may change any short code or telephone number we use with respect to text messaging at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- Your wireless carrier is not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through text message, any errors in such information, and/or any action you may or may not take in reliance on the information or our text messaging services.
- THIS WEBSITE AND APPLICATION, AND ALL SERVICES MADE AVAILABLE BY CLOUDBAR IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLOUDBAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING CLOUDBAR MAKES NO WARRANTY OF ANY KIND: (I) THAT ITS WEBSITE, APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED TO MAKE AVAILABLE THE FOREGOING IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) WITH RESPECT TO ANY BEVERAGES OR OTHER PRODUCTS PURCHASED BY YOU IN CONNECTION WITH THE WEBSITE, APPLICATION AND CLOUDBAR’S SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITY OR INGREDIENTS THEREOF; OR (III) WITH RESPECT TO ANY ACTIONS OR INACTIONS (INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUT LIMITATION ANY NONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLOUDBAR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS WEBSITE OR APPLICATION, CLOUDBAR’S SERVICES, OR ANY OTHER INTERACTIONS YOU HAVE WITH CLOUDBAR, EVEN IF CLOUDBAR OR A CLOUDBAR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CLOUDBAR AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO: (I) ANY BEVERAGES OR OTHER PRODUCTS PURCHASED BY YOU IN CONNECTION WITH THE WEBSITE, APPLICATION AND CLOUDBAR’S SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITY OR INGREDIENTS THEREOF; OR (II) WITH RESPECT TO ANY ACTIONS OR INACTIONS (INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUT LIMITATION ANY NONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER.
- IN NO EVENT SHALL THE TOTAL LIABILITY OF CLOUDBAR AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, APPLICATION OR CLOUDBAR SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED TEN DOLLARS.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
- YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 29 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity that is not subject to mandatory arbitration as set forth above in Section 29 shall be filed only in the state or federal courts in and for Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be transferred or assigned by you, but may be assigned by Cloudbar without restriction. This is the entire agreement between you and Cloudbar relating to the subject matter herein and shall not be modified except in a writing, signed by both parties. For the avoidance of doubt, the foregoing does not prevent Cloudbar from updating these Terms from time to time, provided that any such updated Terms shall apply only following your acceptance of such updated Terms (e.g., the next time you submit an order on this website) ßand shall not apply retroactively.