ZIPPS LIQUOR, LP (“Zipps”, “Retailer”)
TERMS OF SERVICE

Your use of shop.zippsliquor.com, Zipps’s apps and other websites, and any related offerings ("Service") is subject to these Terms of Service ("Terms").

THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND ZIPPS. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), YOU WILL BE REQUIRED TO USE BINDING ARBITRATION TO RESOLVE DISPUTES WITH ZIPPS. PLEASE READ THESE TERMS CAREFULLY.

THE SITE IS FOR PERSONS 21 YEARS OF AGE AND OLDER. YOU MAY NOT USE OUR SITE IF YOU ARE UNDER 21. YOU MAY NOT PURCHASE FOR, PICKUP FOR, OR SEND A DELIVERY OR SHIPMENT TO ANYONE UNDER 21. DO NOT SEND US INFORMATION ABOUT ANYONE UNDER 21.

If you have any questions about these Terms, please contact us. If you have a question that is not addressed here, it may be included in our FAQs.

1. Shopping with Zipps

The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. Our Service may be limited or not available at all in some places due to local law or other restrictions.

When you order, the total purchase amount (plus any additional service fees) will be charged to your payment card company, but your order is not accepted by the Zipps at that time. Zipps reviews your order and confirms age and availability before fulfilling the order.

Zipps does not guarantee pickup or delivery times.

2. Account Registration

The information you provide must be accurate and complete, and you must keep it current. Use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined and you may be charged restocking fees. You are responsible for use of your account, so do not let anyone else use it. Keep your username and password confidential. If you suspect unauthorized activity, contact us immediately.

If you wish to deactivate your account for any reason, send a request through our contact page. If Zipps wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you. Zipps may, but is not obligated to, reactivate an account upon written request through our contact page.

3. License and Access

We grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. You may use the Service only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Service or its contents; collect and use any product listings, descriptions, or prices; make any derivative use of the Service or its contents; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Service. This license will terminate if you do not comply with these Terms.

We license the Service to any US Government users as a "Commercial Item" as defined in 48 C.F.R. § 2.101), and the rights granted are the same as we grant to all others under these Terms.

4. Prices, taxes and fees

Your order, including delivery or pickup 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.

When you use the Service, you may incur separate and additional charges by your wireless and internet provider(s).

5. Changes to orders

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

6. ID verification; other safety checks

Zipps will verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with alcohol. Zipps will require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pickup or delivery. If Zipps cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 but appear to be in the company of only 18 year olds), the Zipps employee may refuse to furnish you with alcohol.

Alcohol cannot be left unattended—someone 21 or older must be present to accept and sign for it. If Zipps is unable to deliver or fulfill your product for this or a similar reason, Zipps may charge a restocking fee (see Section 7b). Subsequent pickup or delivery attempts are at the discretion of Zipps and are subject to redelivery fees (see Section 7b).

If we believe that your order is fraudulent or unlawful, we will alert the appropriate authorities and suspend your use of the Service.

7a. Retailer right to refuse, cancel and adjust orders

Zipps may refuse, cancel or adjust your order for any reason. If the product you want is not available, the Zipps will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

Sometimes the law requires Zipps to limit the number or type of product(s) in your order. If this happens, Zipps will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

7b. Retailer right to refuse multiple pickup or delivery attempts and charge restocking and re-delivery fees

Zipps or its delivery provider may refuse to deliver your order if they believe that furnishing alcohol to you or the person accepting the delivery on your behalf is illegal, unsafe or inappropriate. 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.

8. Errors

Sometimes product information—such as images, descriptions, availability, pricing and reviews—contains errors. If Zipps identifies such an error, they will notify you and either offer a reasonable substitute or refund your money. If you accept the substitute, the order total will be adjusted accordingly.

If you receive or pickup a product that is not as described (or that you did not order), your sole remedy is to notify Zipps, and we will in our sole discretion either allow you to return the unused product (within 2 calendar days) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. (See Section 10 for more information.)

9. Gift Orders

Gift orders are not currently available.

10. Returns, refunds, and exchanges

All sales are final, and no returns or exchanges will be accepted once the order has been picked up. If you wish to cancel your order prior to picking up your order, you may do so by contacting us.

11. Privacy and communications

Use of the Service is subject to our Privacy Policy. When you use the Service or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive electronic communications from us, and you agree that such electronic communications satisfy any legal requirement that a document be in writing.

12. Promotional and referral codes

Promotional or referral codes (or credits) are non-transferable, and may be used only with the Service. Codes cannot be redeemed for cash, and expire in one year unless otherwise specified. Zipps, in its sole discretion, decides whether to accept codes created by any third party.

If you attempt to evade restrictions on code redemption, Zipps may decline to redeem your code.

13. Zipps ownership of the Service

Zipps and its licensors own the Service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other US or international intellectual property rights therein.

14. Additional Device Terms

Additional terms will be included if and when Zipps develops mobile apps.

15. Content you provide

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to us or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift or other content. We do not regularly review posted content, but we do reserve the right to remove or edit such content.

We may use this content for any purpose, without restrictions, and without notice or compensation, and you grant us a perpetual, royalty-free, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name you submit in connection with such content.

16. Third party offerings

Zipps does not examine, warrant or endorse any third party sites and apps to which the Service links, and is not liable for your use of them.

17. Disclaimer of warranties

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIPPS MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND,SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ZIPPS OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ZIPPS MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE OUR SERVICE.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIPPS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO ZIPPS’S OPERATION OF, OR YOUR USE OF, THE SITES, EVEN IF ZIPPS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZIPPS [WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY] ARISING OUT OF OR RELATING TO ZIPPS ’S OPERATION OF THE SITES EXCEED THE AMOUNT PAID BY YOU TO ZIPPS.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF ZIPPS IN CONNECTION WITH OPERATING THE SITES.

19. Copyright dispute policy

Please contact us to report potentially infringing content to us.

20. Updates

We may update these Terms at any time. Updates are effective as of the “Last updated” date at the end of these Terms. Your use of the Service after an update is your acceptance of the updated Terms. If any part of the Terms are found invalid, void, or unenforceable, that part shall be severed and not affect any remaining term or condition.

21a. Dispute resolution

UNLESS YOU OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED WITH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

To begin the dispute resolution process, notify Zipps of your claim by sending a message on our contact page or U.S. Postal Service certified mail to Zipps Liquor, LP, Attn: Legal, 9069 Tamina Rd, Conroe, TX 77385. You must include: (a) a description of your claim or dispute; (b) the specific relief you want; and (c) your name, address and contact information. If the claim is not resolved within 30 days of your notice, you or Zipps may begin formal arbitration. If we intend to begin arbitration, we will notify you in writing using the contact information you provide.

The American Arbitration Association ("AAA") will conduct the arbitration pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes, and these Terms. The AAA’s rules are available at https://www.adr.org/ or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA’s rules govern filing, administrative and arbitrator fees. Unless an arbitrator decides your claims are frivolous, we will reimburse those fees for claims totaling less than $5,000 and will not seek attorneys' fees and costs. You may choose to have the arbitration conducted by telephone, in writing, or in person in the State of Texas or at another mutually agreed location.

21b. Opting Out of Arbitration

IF YOU DO NOT WANT TO USE ARBITRATION TO RESOLVE YOUR DISPUTES WITH ZIPPS, NOTIFY ZIPPS IN WRITING OF YOUR DESIRE TO OPT OUT OF ARBITRATION BY A MESSAGE ON OUR CONTACT PAGE OR U.S. POSTAL SERVICE CERTIFIED MAIL TO ZIPPS LIQUOR, LP, ATTN: LEGAL, 9069 TAMINA RD, CONROE, TX 77385. YOU MUST PROVIDE THIS NOTICE WITHIN 30 DAYS OF ACCEPTING THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE 30-DAY PERIOD, ARBITRATION WILL BE REQUIRED. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION CONTAINED IN THESE TERMS TO MAKE YOUR DECISION, AS IT IS NOT INTENDED TO PROVIDE A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.

22. Applicable Law

The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in the State of Texas shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local, state or national laws applicable to your use of the Service, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of alcoholic beverages. You must comply with all applicable U.S. or other export and re-export restrictions.

23. Communications Decency Act

Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.

Last updated: January 1, 2020