2. Ability to Accept Terms. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with the Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age or possess legal parental or guardian consent.
3. Changes to Terms. Drinks On Me reserves the right, from time to time, with or without notice to you, to amend the Terms in our sole and absolute discretion. The most current version of the Terms will supersede all previous versions. Your use of the Website after changes are made means that you agree to be bound by such changes. As such, you should review the Terms periodically.
4. Intellectual Properties. This Website and/or the App and any portions thereof contains, or may in the future contain, content including but not limited to multimedia, video and audio clips, images, links, text, information, data, materials, trademarks, copyrights, logos, domain names, trade names, service marks, and any other form of intellectual property (collectively, the "Content") that is owned by Drinks On Me, licensed to Drinks On Me, or owned by third parties. The Content is protected from unauthorized use, copying, and dissemination by copyright, trademark, and other intellectual property laws. You agree not to violate Drinks On Me's rights or the rights of others. You may not, for example, with respect to the Content or any portion thereof (including content that the Website enables you to download or save), in any manner not permitted under fair use, publicly display it, charge any fee for it, use it to create your own website, construct a database with it or replicate our Website and/or App or any parts of it elsewhere, modify, publish, transmit, participate in the transfer or sale, or in any way infringe intellectual property rights.
7. Permitted Uses. You may surf and view our Website and/or the App, which means displaying or loading the Content on your computer or mobile device in connection with typical activity, and you may use the Content for your personal, non-commercial uses.
8. No Unlawful or Prohibited Use. As a condition of your use of the Website and/or the App, you warrant to Drinks On Me that you will not use the Website and/or the App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website and/or the App in any manner which could damage, disable, overburden, or impair the Website and/or the App or interfere with any other party's use and enjoyment of the Website and/or the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and/or the App.
9. NO LIABILITY. THE CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND THE WEBSITE AND/OR THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DRINKS ON ME MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AND/OR THE APP AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE AND/OR THE APP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN NO EVENT SHALL DRINKS ON ME BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CONTENT, OR THE WEBSITE AND/OR THE APP, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, AND RELATED SERVICES OBTAINED THROUGH THE WEBSITE AND/OR THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE CONTENT, OR WEBSITE AND/OR THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRINKS ON ME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR THE APP, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE APP.
10. NO WARRANTY. DRINKS ON ME MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE AND/OR THE APP AND CONTENT FOR ANY PURPOSE. ALL SUCH WEBSITE AND/OR THE APP AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DRINKS ON ME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. NO RESPONSIBILITY. YOU SPECIFICALLY AGREE THAT DRINKS ON ME SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT DRINKS ON ME IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DRINKS ON ME IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.
12. GENERAL RELEASE. YOU AGREE THAT DRINKS ON ME, AND EACH OF ITS EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE WEBSITE AND/OR THE APP, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR OPERATION, EVEN IF DRINKS ON ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER WHETHER OR NOT AT THIS TIME UNKNOWN OR UNSUSPECTED.
13. Indemnification. You agree to defend, indemnify, and hold harmless Drinks On Me, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of or conduct on the Website; (ii) your violation of any term of the Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the Terms and your use of the Website.
14. Copyright Infringement Claims. If you believe in good faith that your copyrighted work has been reproduced on the Website without authorization in a way that constitutes copyright infringement not permitted under fair use, you or a person authorized to act on your behalf may notify our designated agent under the Digital Millennium Copyright Act: Copyright Agent, Drinks On Me LLC. Your notification must include the identifications, information, signed statement and representation, and contact information that may be required under United States law and regulations.
15. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Drinks On Me as a result of the Terms, your use of the Website, or your use of an Application.
16. Disputes to Be Arbitrated. You and Drinks On Me agree that any dispute, claim or controversy arising out of or relating in any way to the Website and/or the App, and/or Content, or any dispute related to the Terms, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Drinks On Me are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Drinks On Me and you agree otherwise, any arbitration hearings will take place in Broward County, Florida. The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
17. Governing Law. The Terms shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A., without regard to conflict of laws or provisions. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the Broward County, state of Florida, for any cause of action relating to or arising under these Terms. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, then, preferably, that provision or portion thereof may be construed in a manner most consistent with applicable governing law, or may be deleted from the Terms without affecting the rest of the Terms. The remainder of the Terms shall continue to be in full force and effect. The section titles in the Terms are for convenience only and do not have any legal or contractual effect.
18. Complete Agreement. The Terms constitutes the entire agreement between you and Drinks On Me and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Drinks On Me.