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TERMS OF USE for liquorlist.com

AGE RESTRICTION. Use of LiquorList.com is restricted to individuals twenty-one (21) years of age or older, and access by anyone younger is strictly prohibited.

TERMS OF USE. By accessing or using LiquorList.com, you accept and agree to these terms (the “Terms of Use” or “TOU”) as a legal contract between you and LiquorList.com. If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of LiquorList.com, in which case any continuing access or use of LiquorList.com is unauthorized. LiquorList.com may post changes to the TOU at any time, and any such change will be applicable to all subsequent access to or use of LiquorList.com.

If I violate these TOU, LiquorList.com may permanently remove me from the site or, depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law. LiquorList.com strives to promote the responsible trade of alcohol-related products and takes the law prohibiting alcohol use by minors under 21 very seriously. LiquorList.com will comply with federal, state, municipal, and tribal law enforcement entities.

CONTENT. LiquorList.com does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
LiquorList.com may edit or remove information, including my listings, from the site without notice.

CONDUCT. I will not use Liquorlist.com for any illegal purpose. I UNDERSTAND THAT THE SALE AND SHIPPING OF ALCOHOL IS HIGHLY REGULATED AND I WILL STRICTLY ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS. I am responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, including compliance with all applicable licensing requirements. I take responsibility for my actions whilst using LiquorList.com. I also take responsibility for any and all of my actions related to, or resulting from, my use of LiquorList.com. I understand and agree that I am solely responsible for any and all consequences of such my actions.

USER RELATIONS. I understand that LiquorList.com DOES NOT become involved in transactions between parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact the sale of alcohol. LiquorList.com and LiquorList.com Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

DISCLAIMERS. YOUR ACCESS TO, USE OF AND RELIANCE ON Liquorlist.com AND CONTENT ACCESSED THROUGH Liquorlist.com IS ENTIRELY AT YOUR OWN RISK. Liquorlist.com (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, Liquorlist.com ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF Liquorlist.com AND CONTENT ACCESSED THROUGH Liquorlist.com; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON Liquorlist.com OR IN CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

LIMITED LIABILITY. You understand and agree that any action or inaction by LiquorList.com or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “LiquorList.com Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither LiquorList.com nor any LiquorList.com Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Liquorlist.com AND THE Liquorlist.com REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF Liquorlist.com OR ANY Liquorlist.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com; ANY INABILITY TO ACCESS OR USE Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF Liquorlist.com OR CONTENT ACCESSED THROUGH Liquorlist.com (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON Liquorlist.com AND LINKS IN CONTENT ACCESSED THROUGH Liquorlist.com).

You hereby release LiquorList.com and each of the LiquorList.com Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to LiquorList.com or content accessed through LiquorList.com, or any interactions with others arising out of or related to LiquorList.com or content accessed through LiquorList.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION. You agree to indemnify and hold LiquorList.com and Liquor
List.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by LiquorList.com or LiquorList.com Representatives.

Additionally, you agree to indemnify and hold LiquorList.com and LiquorList.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by LiquorList.com or LiquorList.com Representatives.