Terms of Service
This Agreement (the "Terms of Service") is an agreement between you and BrewRunr, LLC ("BrewRunr") that states the terms and conditions under which you may use the Site and receive BrewRunr service, which includes providing a marketing and technology platform to connect Users and Delivery Providers (the "BrewRunr Service"). Your use of the BrewRunr Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the BrewRunr Service.
BrewRunr provides a marketing and referral service for Delivery Providers and/or liquor retail partners (each, a "Delivery Provider"). At time of sending money to a Delivery Provider, your credit or debit card will be charged by a secure third party credit card processor which will transfer and deliver funds to the Delivery Provider. All credit card transactions will be listed as what the Delivery Provider uses on his or her payment processing account.
In processing the sending of money to the Delivery Provider, BrewRunr nor any officer, director, employee, shareholder or agent of BrewRunr shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
User shall indemnify and hold harmless BrewRunr and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, Delivery Providers, merchants, or licensors (collectively, "BrewRunr 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 (a) the processing of the alcoholic beverage order; (b) the purchase of the alcoholic beverage(s); (c) the delivery of the alcoholic beverage(s); and, (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.
III. Alcohol Delivery Rules and Restrictions
Purchase of Alcoholic Beverages.
By completing a purchase through the Site, the User agrees that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages.
All deliveries of alcoholic beverages MUST be confirmed for by an individual capable of proving he or she is 21 years of age or older. The User must provide a valid form of photo identification at time of delivery. The User understands the BrewRunr Service does not provide the delivery, nor does it receive any money from an order transaction.
Alcoholic beverage delivery can be accepted by a building attendant (doorman). Building attendants accepting delivery in this way must be at least 21 years of age and must confirm and take charge of the delivery contents immediately.
Alcoholic beverages cannot be dropped off or left unattended for any reason. If a building attendant has confirmed the order of alcoholic beverages, the Delivery Provider must leave those beverages with the building attendant.
If no person at the delivery address is at least 21 years of age and/or cannot provide valid photo identification of his or her age, the Delivery Provider will not render services. All products will be cleared from the order and returned to their local vendor(s), and a $20 return-delivery fee will be charged to the User’s credit card account. No refunds will be issued under this circumstance.
The Delivery Provider reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated, and refusing service to specific buildings for access or safety reasons.
Delivery of Products.
The Delivery Provider will make every attempt to complete the User’s order in one delivery, but please note large orders may have to be completed in multiple deliveries.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to extend the sixty minute delivery window for the Delivery Provider. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. The Delivery Provider will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.
In an effort to meet the committed delivery time for all our customers, the Delivery Provider is not required to wait for an inspection of the items delivered. Your order will arrive with an email invoice that will list all of the items you have received and were billed for. If something is missing from your order, please email BrewRunr@gmail.com and provide details.
Order Cancellation and Refunds.
If an order needs to be canceled, please email our customer support team at BrewRunr@gmail.com immediately. Please note: Payments are processed for delivery as soon as possible to meet BrewRunr’s 60 minute delivery window. Due to these circumstances, neither BrewRunr nor the Delivery Provider can guarantee the availability of changes or cancellation to any order once it has been placed. Cancelled orders may be subject to a $20 delivery and restocking fee. Neither BrewRunr nor the Delivery Provider, will make any refunds or exchanges for orders that were delivered and signed for.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
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.
You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:
to comply with U.S. law, state and local laws or rules regarding online conduct and acceptable material;not to use the Site to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;by using this site, the User swears and affirms that he or she is over the age of 21. BrewRunr reserves the right to prosecute to the fullest extent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use BrewRunr to provide alcohol to a person under the age of 21. BrewRunr makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21.
not to access the Site or services using a third-party's account/registration without the express consent of the account holder;
not to use the Site for illegal purposes;
not to commit any acts of infringement on the Site or with respect to content on the Site;
not to use the Site to engage in commercial activities apart from sanctioned use of BrewRunr services;
not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;
not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
not to attempt to gain unauthorized access to other computer systems from or through the Site;
not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores or Delivery Providers).
HARM FROM COMMERCIAL USE. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that BrewRunr will be entitled to temporary and permanent injunctive relief to prohibit such use.
Termination and Modifications to the Site
BrewRunr reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site' features, look and feel, and functional elements and related services.
VII. Access to the BrewRunr Service
You acknowledge that from time to time the BrewRunr Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs with BrewRunr may undertake from time to time; or (iii) causes beyond the control of BrewRunr or which are not reasonably foreseeable by BrewRunr.
VIII. Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE BREWRUNR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE BREWRUNR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BREWRUNR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE BREWRUNR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE BREWRUNR SERVICE; BREWRUNR DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. BREWRUNR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE BREWRUNR SERVICES. BREWRUNR DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BREWRUNR NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, DELIVERY PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "BREWRUNR PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE BREWRUNR SERVICE, THE INTERNET, OR THE PROCESSING, PURCHASE, DELIVERY AND CONSUMPTION OF ALCOHOL AS PROVIDED IN ARTICLE II, SECTION 3 ABOVE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE BREWRUNR SERVICE AND TO TERMINATE THIS AGREEMENT. BREWRUNR RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. BrewRunr operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold BrewRunr Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Your account security
Use of Site services requires that you complete customer info to order or create an account ("Account") or use the Site as a guest.
You are responsible for maintaining the confidentiality and security of your personal information, and you are fully responsible for all activities that occur under your Account, and for any other actions taken in connection with you User information. You agree to (a) immediately notify BrewRunr of any known or suspected unauthorized use(s) of your personal infrormation or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of personal information or credit card information; and (b) ensure that you exit from your Account at the end of each session. BrewRunr will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or User inputted information.
As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services from businesses that are not owned or operated by BrewRunr. BrewRunr has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. BrewRunr makes no representations or warranties of any kind, express or implied, regarding such products, information or services received from such third-party websites. References to products or services within any such third-party website pages do not constitute or imply an endorsement by BrewRunr.
XIII. Jurisdiction, Applicable Law, and Limitations