Terms of Service
PROPOSITION 65 WARNING:
WARNING: Consumption of alcoholic beverages such as distilled spirits, beer, coolers, and wine may heighten the risk of cancer. Additionally, during pregnancy, alcohol consumption can lead to birth defects. Visit www.P65Warnings.ca.gov/alcohol for more information.
AGE RESTRICTION: Visitors must be 21 years old or above to access this site. Kindly review the following terms and conditions carefully before using our website. Your use of this site signifies your acceptance and acknowledgment of the provisions outlined below. If you do not agree with these terms and conditions in their entirety, and if you are under the age of 21, please refrain from using this website.
Website Information: LostNLiquor.com, referred to as the “Website” or “Site,” is an online store operated by LostNLiquor, a California-based company. All prices listed are subject to change without prior notice. LostNLiquor holds no responsibility for typographical errors and retains the right to rectify incorrect pricing at its discretion. Furthermore, LostNLiquor reserves the right, at its sole discretion, to amend these terms and conditions at any time. Your continued usage of the Website after such modifications implies your acceptance of the changes and their relevance to you. Should you disagree with these terms and conditions, please refrain from using this Website. Any breach of these terms and conditions, especially if you are under 21 years old, will result in the automatic termination of your right to access this Website.
Note: Captions, titles, or section headings within these terms and conditions serve as reference aids and do not impact the interpretation or application of any provisions herein. Whenever the terms “including” or “include” are used, they should be understood to imply “including without limitation.”
Website Operations:
This website is managed by LostNLiquor. Throughout the site, the terms “we,” “us,” and “our” refer to LostNLiquor. LostNLiquor provides this website, including all information, tools, and services available from this site to you, the user, under the condition of your acceptance of all terms, conditions, policies, and notices stated here.
Engagement in Service:
By visiting our site and/or making a purchase from us, you engage in our “Service” and agree to abide by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or provided via hyperlink. These Terms of Service are applicable to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Acknowledgment of Terms:
Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of the site, you indicate your agreement to be bound by these Terms of Service. If you do not agree with all the terms and conditions outlined in this agreement, you may not access the website or utilize any of its services. Acceptance of these Terms of Service is expressly limited to these terms.
Updates and Modifications:
Any new features or tools added to the current store will also be subject to these Terms of Service. You can find the most current version of the Terms of Service on this page at any time. We retain the right to update, change, or replace any part of these Terms of Service by posting updates and/or alterations to our website. It is your responsibility to periodically check this page for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of those changes.
Hosting Platform:
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you affirm that you are either of the age of majority in your state or province of residence, or have obtained parental consent to allow any minor dependents to use this site.
You are prohibited from using our products for any illegal or unauthorized purposes. Additionally, you must not violate any laws in your jurisdiction, including copyright laws, while using our services.
Transmission of any worms, viruses, or malicious code is strictly prohibited.
Violation of any of these Terms will lead to an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason, at any time.
You acknowledge that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
The headings used in this agreement are for convenience and will not affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee the accuracy, completeness, or timeliness of the information on this site. The material provided is for general information only, and you should not rely solely on it for decision-making without consulting primary sources.
Historical information provided on this site may not be current and is for reference only. We reserve the right to modify the site's contents at any time without obligation to update information.
You are responsible for monitoring changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We are not liable for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online through the website and may have limited quantities.
We strive to accurately display the colors and images of our products but cannot guarantee that your computer monitor's display will be accurate.
We reserve the right to limit sales of our products or services to certain persons, regions, or jurisdictions. We may also limit the quantities of products or services offered. Descriptions of products or pricing are subject to change at any time without notice.
We do not warrant that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to reject any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. These limitations may include orders placed under the same customer account, credit card, or billing/shipping address. Should we alter or cancel an order, we may attempt to notify you via the provided email, billing address, or phone number at the time of order placement. We reserve the right to restrict or disallow orders that, in our judgment, appear to be from dealers, resellers, or distributors.
You agree to furnish current, complete, and accurate purchase and account information for all transactions made on our platform. It is your responsibility to promptly update your account details, including email addresses and credit card information, to facilitate transactions and ensure effective communication.
For further details, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant access to third-party tools over which we exert no monitoring or control.
You acknowledge and accept that such tools are provided "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement from us. We bear no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools provided via the site is entirely at your own risk and discretion. You should familiarize yourself with and approve of the terms provided by the relevant third-party provider(s).
Additionally, any new services or features introduced through the website in the future, including new tools and resources, will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials sourced from third parties.
Third-party links on this site may direct you to websites unaffiliated with us. We do not review or evaluate the content or accuracy of such links, and we bear no responsibility or liability for any third-party materials or websites, or for any other materials, products, or services offered by third parties.
We disclaim liability for any damages or harm related to the purchase or use of goods, services, content, or any other transactions made in connection with third-party websites. Prior to engaging in any transactions, please carefully review the policies and practices of the third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide us with specific submissions at our request (e.g., contest entries) or without our request, such as creative ideas, suggestions, proposals, or other materials, you agree that we may, at any time and without restrictions, edit, copy, publish, distribute, translate, and otherwise use any comments forwarded to us. We have no obligation to (1) maintain comments in confidence; (2) compensate for comments; or (3) respond to comments.
We may, at our discretion, monitor, edit, or remove content that we deem, in our sole judgment, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or unlawful material, nor will they include computer viruses or other malware that could interfere with the operation of the Service or related websites. You may not use a false email address, impersonate another individual, or mislead us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of your comments. We assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct such errors, inaccuracies, or omissions, and to modify or cancel orders if information provided through the Service or related websites is inaccurate, without prior notice (even after an order has been submitted).
We undertake no obligation to update, amend, or clarify information provided through the Service or related websites, including pricing information, except as required by law. The absence of a specific update or refresh date should not be interpreted as an indication that all information on the Service or related websites has been modified or updated.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LostNLiquor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless LostNLiquor and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of All Jurisdiction
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may access the most current version of the Terms of Service at any time on this page.
We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service after the posting of any modifications to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please reach out to us via our contact page.
Email: Support@LostNLiquor.com