HAUS & CO. LLC
TERMS AND CONDITIONS OF USE
Last Modified: 6/22/2023
By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Terms and Conditions of Use Agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.drink.haus (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Haus & Co. LLC (“Haus”) upon publication of the modified Agreement via the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.drink.haus/policies/terms-of-service. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) included on this site is and shall continue to be the property of Haus or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Any content contributed to the Site by you (e.g. in connection with a contest, solicitation or social media activity) shall belong to Haus. If such a transfer of ownership is not possible, Haus shall automatically receive an irrevocable, perpetual, royalty-free license to use such content on the Site and related marketing materials. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to copy materials on the Site, reverse engineer or break into the Site, circumvent the Site, or use materials, products, or services in violation of any law.
This Agreement permits you to use the Site for your personal, non-commercial use only. You agree that any alcohol purchased from Haus is intended for personal consumption and not for resale. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, unless given explicit permission by Haus to do so. You must not modify copies of any materials from this site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Agreement, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Haus. Any use of the Site not expressly permitted by this Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws.
4. Intended Audience; Sale of Alcoholic Beverages. This website is intended for adults only. This website is not intended for any individual under the age of 21. Haus does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Haus is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Haus reserves (and to the extent not inherent, you grant Haus) the right to take action against you or seek indemnification from you for any suit, claim, loss, or penalty to which Haus may be subject to the full extent permitted by law.
5. Trademarks. Haus®, and any other word or design marks use on the Site or in marketing materials are either trademarks or registered trademarks of Haus. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. Haus grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The use of the Site is at the discretion of Haus and Haus may terminate your use of this website at any time.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Haus, a company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Haus or users of the Site, or expose them to liability.
- Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
7. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. Haus strives to display accurate price information, however, Haus may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Haus reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Haus may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by Haus before Haus accepts an order. You represent and warrant that (i) the credit card information you supply to Haus is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
8. Shipment; Delivery; Title and Risk of Loss. Haus will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs Haus incurs in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Haus is not liable for any delays in shipments.
9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to, storage at, and consumption in locations within the US.
10. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under this Agreement, all products and services listed in your order. All orders must be accepted by Haus, or Haus will not be obligated to sell the products to you. Haus may choose not to accept orders at its sole discretion, even after Haus sends you a confirmation email with your order number and details of the items you have ordered. Haus is not responsible for the acceptance or cancellation of an order by a third-party merchant if such acceptance or cancellation is outside of its reasonable control.
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge. As required by the Communications Decency Act of 1996, Haus hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
12. Indemnification. You agree to indemnify, defend and hold Haus and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. HAUS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
14. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HAUS & CO. LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is our Support Team, who can be reached as follows:
By E-mail: firstname.lastname@example.org
17. Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Haus or its affiliates.
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Waiver. The failure of Haus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Haus must be in writing and signed by an authorized representative of Haus.
20. Termination. Haus may terminate this Agreement at any time, with or without notice, for any reason.
21. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
23. Contact Information.
Haus & Co. LLC
11 Brooks Ave
Venice, CA 90291