Privacy Policy

CloudBar TERMS OF SERVICE

Licensed retailers (“Retailers”) pay CloudBar to generateconsumer orders like Your order.  Yourorder and payment are processed by Cloudbar and sent directly from You toRetailer.  Your order includes order andpayment information (“Your Information”) to allow CloudBar to process Yourorder and payment.You consent to the collection, sharing, and use of YourInformation in accordance with CloudBar’s Privacy Policy, including consent toRetailers to use of Your Information to promote and sell alcoholic beverages aswell as alcoholic beverage suppliers to use Your Information for directadvertising and to contact You during and after any purchase.  The Privacy Policy, as may be updated fromtime to time in accordance with its provisions, is hereby incorporated intothese Terms. When You submit order and payment information, You expresslyrepresent and warrant that You are at least 21 years of age.  You place Your order from advertising on this website forspecific alcoholic beverages at specific prices CloudBar reasonably believesRetailers will agree to.  CloudBarcreates and places advertising to generate Your order placed withRetailers.  Advertising is purely togenerate consumer orders for Retailers to accept, or not, and does not promoteor advertise any Retailer.Retailers, and no one else, make all alcoholic beveragesales (any transaction, including delivery and soliciting or receiving anyorder, whereby title to alcoholic beverages is transferred, for consideration,to consumers), and deliver all alcoholic beverages to You.CloudBar does not sell, or even own, alcoholic beveragesthat Retailer sells You.Your order is subject to acceptance by Retailers and productavailability.  Retailers may choose not to accept Your order for any reasonincluding Retailer does not agree to price or otherwise objects to advertisingthat generates Your order or Retailer has concerns it cannot sell to You.Retailer may request further information from You beforeaccepting Your Order including confirmation of Your age through an ageverification service.CloudBar will inform You if Retailer does not accept Yourorder and CloudBar may, but is not required, to find another Retailer to acceptYour order.CloudBar may charge You a Service Fee for processing Yourorder and payment to Retailers.CloudBar does not, directly or indirectly, give any gift,free goods or premium to You.CloudBar does not give, loan or furnish anything, directlyor indirectly, to any retailer or retailer agent. CloudBar is not a distilled spirits manufacturer or agent ofa distilled spirits manufacturer that solicits You to purchase amounts or lotsof distilled spirits through a specific retailer. CloudBar provides this service to You in exchange for YourInformation and Your consent to use Your Information; CloudBar gives no gift,free goods or premium.Retailers, not CloudBar, agree to alcoholic beverages theysell and the sale prices.Retailers receive and fulfill orders for alcoholic beveragesdirectly from and to You - not through any marketplace in which products aresold in competition with other retailers You choose.  Communications are directly between You andRetailers; CloudBar does not communicate any offer or acceptance between Youand Retailers.  Your payment for orders is made directly to Retailersthrough payment to Retailer account or payment to accounts of others Retailermust pay for goods or services in connection with Retailer’s sale to You, forexample money Retailer owes to distributor who sold alcoholic beverages toRetailer that You purchased from Retailer.CloudBar does not engage in any payment processing services.CloudBar uses SMS text messaging for communicate informationto you regarding your orders.  You areresponsible for all charges and fees associated with text messaging imposed byyour wireless provider. Message and data rates may apply.Text messages may be sent using an automatic telephonedialing system or other technology. Your consent to receive autodialedmarketing text messages is not required as a condition of purchasing any goodsor services. If you have opted in, the Cloudbar may provide updates, alerts,and information (e.g., order updates, account alerts, etc.), as well  as promotions, specials, and other marketingoffers (e.g., cart reminders) via text messages through your wireless providerto the mobile number you provided. Message frequency varies. Text the singlekeyword command STOP in response to any text message from Cloudbar in order tostop receiving text messages, in which case you will receive a one-time opt-outconfirmation text message. If you have subscribed to other Cloudbar mobilemessage programs and wish to cancel, except where applicable law requiresotherwise, you will need to opt out separately from those programs by followingthe instructions provided in their respective mobile terms. For support orassistance relating to our text messaging service, text HELP in response to anytext message from Cloudbar.We may change any short code or telephone number we use withrespect to text messaging at any time and will notify you of these changes. Youacknowledge that any messages, including any STOP or HELP requests, you send toa short code or telephone number we have changed may not be received and wewill not be responsible for honoring requests made in such messages.Your wireless carrier is not liable for delayed orundelivered messages. You agree to provide us with a valid mobile number.  To the extent permitted by applicable law, you agree that wewill not be liable for failed, delayed, or misdirected delivery of anyinformation sent through text message, any errors in such information, and/orany action you may or may not take in reliance on the information or our textmessaging services.THIS WEBSITE AND APPLICATION, AND ALL SERVICES MADEAVAILABLE BY CLOUDBAR IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITHOUTWARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TOAPPLICABLE LAW, CLOUDBAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THEFOREGOING CLOUDBAR MAKES NO WARRANTY OF ANY KIND: (I) THAT ITS WEBSITE, APPLICATIONOR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THE SERVERS USED TO MAKE AVAILABLE THE FOREGOING IS FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS; (II) WITH RESPECT TO ANY BEVERAGES OROTHER PRODUCTS PURCHASED BY YOU IN CONNECTION WITH THE WEBSITE, APPLICATION ANDCLOUDBAR’S SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITYOR INGREDIENTS THEREOF; OR (III) WITH RESPECT TO ANY ACTIONS OR INACTIONS(INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUT LIMITATION ANYNONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE, SHALL CLOUDBAR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS,DIRECTORS OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS WEBSITE ORAPPLICATION, CLOUDBAR’S SERVICES, OR ANY OTHER INTERACTIONS YOU HAVE WITHCLOUDBAR, EVEN IF CLOUDBAR OR A CLOUDBAR REPRESENTATIVE HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.  INADDITION, CLOUDBAR AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS,DIRECTORS AND AGENTS SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECTTO: (I) ANY BEVERAGES OR OTHER PRODUCTS PURCHASED BY YOU IN CONNECTION WITH THEWEBSITE, APPLICATION AND CLOUDBAR’S SERVICES, INCLUDING WITHOUT LIMITATION WITHRESPECT TO THE QUALITY OR INGREDIENTS THEREOF; OR (II) WITH RESPECT TO ANYACTIONS OR INACTIONS (INCLUDING NEGLIGENCE) OF ANY RETAILER, INCLUDING WITHOUTLIMITATION ANY NONFULFILLMENT OR INCORRECT FULFILLMENT OF ANY ORDER. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLOUDBAR AND ITSAFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS TO YOU FORALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESETERMS OR YOUR USE OF THE WEBSITE, APPLICATION OR CLOUDBAR SERVICES (WHETHER INCONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED TEN DOLLARS.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOUMIGHT HAVE ADDITIONAL RIGHTS.  IN SUCHCASES, THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THEMAXIMUM EXTENT PERMITTED BY LAW.Any claim (excluding claims for injunctive or otherequitable relief) where the total amount of the award sought  by either party is less than $10,000 shall beresolved via binding non-appearance-based arbitration initiated through theAmerican Arbitration Association (“AAA”). The AAA Rules are available online atwww.adr.org or by calling the AAA at 1-800-778-7879.  In any such arbitration, the parties and AAAmust comply with the following rules: (a) the arbitration shall be conducted bytelephone, online and/or be solely based on written submissions, where thespecific manner shall be chosen by the party initiating the arbitration; (b)the arbitration shall not involve any personal appearance by the parties orwitnesses unless otherwise mutually agreed by the parties; (c) the arbitratormay award injunctive or declaratory relief only in favor of the individualparty seeking relief and only to the extent necessary to provide reliefwarranted by that party's individual claim; and (d) any judgment on the awardrendered by the arbitrator may be entered in any court of competentjurisdiction.  Nothing in these Termsshall prevent either party from seeking remedies in small claims court ofcompetent jurisdiction.YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDERSECTION 29 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.These Terms shall be governed by and construed in accordancewith the laws of the State of California, without giving effect to anyprinciples of conflicts of law. You agree that any action at law or in equitythat is not subject to mandatory arbitration as set forth above in Section 29shall be filed only in the state or federal courts in and for Los Angeles County,California and you hereby consent and submit to the personal jurisdiction ofsuch courts for the purposes of litigating any such action.  A provision of these Terms may be waived onlyby a written instrument executed by the party entitled to the benefit of suchprovision.  The failure of any party atany time to require performance of any provision of these Terms shall in nomanner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision ofthese Terms shall not be construed as a continuing waiver of other breaches ofthe same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for anyreason unenforceable, then that provision shall be deemed severable from theseTerms and shall not affect the validity and enforceability of any remainingprovisions.  These Terms may not betransferred or assigned by you, but may be assigned by Cloudbar withoutrestriction.  This is the entireagreement between you and Cloudbar relating to the subject matter herein andshall not be modified except in a writing, signed by both parties.  For the avoidance of doubt, the foregoingdoes not prevent Cloudbar from updating these Terms from time to time, providedthat any such updated Terms shall apply only following your acceptance of suchupdated Terms (e.g., the next time you submit an order on this website) ßandshall not apply retroactively.