RED LINE BEER AND WINE TERMS OF SERVICE
PLEASE READ THE FOLLOWING END — USER LICENSE AGREEMENT AND TERMS OF SERVICE (“LICENSE”) CAREFULLY.
1. Terms of Service.
Without limiting the foregoing, the Services are not available to persons under the age of 21. By using the Services, you expressly represent and warrant that you are at least 21 years of age and legally entitled to enter into this License.
(a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to the terms of this License; (ii) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct, (iii) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (iv) you will not use the Services to cause nuisance, annoyance or inconvenience; (v) you will not impair the proper operation of the network, (vi) you will not try to harm the Services in any way whatsoever; (vii) you will not copy the Services or other content without written permission from Red Line; (viii) you will only use the Services for your own use and will not resell it to a third party; (ix) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (x) you will only use an access point or 3G data account (AP) which you are authorized to use; (xi) you will provide us with whatever proof of identity we may reasonably request; (xii) you will provide the Retailer(s) or the alcohol transportation and delivery service provider(s) of such Retailer(s) with your state issued ID when the delivery arrives that proves that you are over 21 years of age, and, if such state issued ID was not issued by the state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the Retailer(s) or service provider(s); (xiii) you are aware that any Retailer may decline your delivery request for any reason; and (xiv) you are aware that a non-refundable $20 restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery has been declined for any reason.
(b) You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Red Line shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
(c) Red Line makes no representation as to any laws, rules or regulations of the State of North Carolina or any other jurisdiction regarding the sale, service, transportation or delivery of alcoholic beverages to a customer/consumer, including you. Red Line shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this License or to comply with applicable laws. Red Line explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this License or to comply with applicable laws.
Any fees which Red Line may charge you for the Services are due immediately. When you initiate a transaction via the Services, Red Line’s third party payment processor will authorize your credit or debit card for the amount of the Restocking Fee. The remaining balance will be processed after the Retailer verifies your ID and that the name on your ID matches the name on your account and the name on your credit or debit card. A Retailer may decline an order for any reason. If your order is declined, you will receive a full refund less the Restocking Fee. A full refund may be issued by Red Line \ for any reason. Red Line reserves the right to determine final prevailing pricing. The pricing information published on the website may not reflect the prevailing pricing. Red Line, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Red Line may change the fees for the Services in our sole discretion. We encourage you to check back at our website periodically if you are interested about how we charge for the Services. It is solely the responsibility of each Retailer and its employees to verify your credit or debit card and ID. The credit or debit card you use via Red Line MUST be presented to the delivery driver at the door, and the name on such credit or debit card MUST match the name of the government issued ID presented to the driver at the door AND the name of your order with Red Line.
By entering into this License and using the Services, you agree that you shall defend, indemnify and hold Red Line, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this License or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Services; or (d) your negligence or willful misconduct. Red Line is not responsible for the sale, service, transportation or delivery of alcoholic beverages and is not liable for damages resulting from the use of the Services.
4. Disclaimer of Warranties & Limitation of Liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT — USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RED LINE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED — USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. RED LINE DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL RED LINE BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF — USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR — USE OR INABILITY TO — USE THE SERVICES), HOWEVER CA– USED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LICENSE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS LICENSE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF RED LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE DELIVERY, — USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND ANY RETAILER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
If, for any reason, a court finds Red Line liable for damages notwithstanding the foregoing, in no event shall Red Line’s total liability for all damages arising out of or in connection with the Services or this License exceed the amount paid by you to Red Line for your use or receipt of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the above limitations of liability together with the other provisions in this License that limit liability are essential terms of this License and that Red Line would not be willing to grant you the rights set forth in this License but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Red Line to grant you the rights set forth in this License.