Terms of Service

This Terms of Service (this “Agreement”) is a contract between you (“You” or “User”) and Pint-Sized Apps LLC, a Washington State Limited Liability Company (hereinafter “Pint-Sized Apps”, “We”, or “Us”). You must read, agree to, and accept all of the terms contained in this Agreement in order to use the Bottle Connection Mobile Application (the “App”).

We reserve the right to change the terms of this Agreement at any time without notice to you by updating the App to incorporate the new terms. Your continued use of the App after changes are posted constitutes your acceptance of the amended Agreement.

YOU UNDERSTAND THAT BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, OR USING THIS APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THE APP IS DOWNLOADED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS APP. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.


1. ACCESS TO OUR APP

1.1 Pint-Sized Apps gives you a personal, worldwide, revocable, non-sub-licensable, nonassignable and non-exclusive licence to use the App, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by Pint-Sized Apps, in the manner permitted by the terms of this Agreement.

1.2 We reserve the right to:

1.3 You agree that you are responsible for:

2. ACCEPTABLE USE POLICY

2.1 You shall not use our App for any unlawful purposes, including but not limited to, use in any way that:

2.2 When contributing, linking or adding content to the App, such as when leaving reviews, you must ensure that:

2.3 You must not contribute, link to or add any content to the App, in any manner whatsoever, that:

3. USAGE OF OUR APP

3.1 You must comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our App, or make contact with other users of our App.

3.2 You accept and acknowledge that:

3.3 You accept and understand that our App may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pint-Sized Apps. We do not endorse or assume any responsibility for any such thirdparty sites, apps, information, materials, products, or services. If you access any third-party website, app, service, or content via our App, you do so at your own risk and you agree that Pint-Sized Apps will have no liability.

3.4 You agree that:

3.5 You accept and understand that:

4. SUSPENSION AND TERMINATION

4.1 You agree that the failure to comply with any duties or obligations under this Agreement, including but not limited to those outlined in Section 2, constitutes a material breach of this Agreement.

4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take any and all remedial actions, including but not limited to the following:

5. OUR CONTENT AND RELATED RIGHTS

5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our App (excluding content provided, sourced from or added by you, other users of the App or third parties), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the App, and the underlying code and software in the App (“Our Content”) are and will remain the exclusive property of Pint-Sized Apps and any applicable licensors. All such rights to Our Content are reserved.

5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.

6. OUR RELATIONSHIP WITH YOU

6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and Pint-Sized Apps.

7. DISCLAIMERS

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

7.1 YOU ACCEPT AND UNDERSTAND THAT PINT-SIZED APPS AND ITS MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:

8. OUR LIABILITY

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINT-SIZED APPS AND ITS MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:

WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.

8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU, IF ANY, TO ACCESS OUR APP.

8.3 NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER TO LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.

9. YOUR LIABILITY

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE APP.

9.2 ALL USERS THAT SELL OR PURCHASE ALCOHOL VIA THE APP ARE RESPONSIBLE FOR ENSURING THAT THEY COMPLY WITH ANY AND ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS PERTAINING TO THE SALE, PURCHASE OR TRANSPORTATION OF ALCOHOL. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE IN THE EVENT OF NON-COMPLIANCE WITH ANY STATE, FEDERAL OR LOCAL LAWS PERTAINING TO THE SALE, PURCHASE OR TRANSPORTATION OF ALCOHOL BY ANY USER.

9.3 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY YOU, OTHER USERS OR THIRD PARTIES.

9.4 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.

9.5 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR CRIMINAL PROCEEDINGS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, YOUR CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

10. YOUR DATA AND INFORMATION

10.1 You understand that we process information about you in accordance with our Privacy Policy. By using our App, you consent to such processing and you warrant that all data provided by you is accurate.

11. GOVERNING LAW AND JURISDICTION

11.1 You agree that the courts of Washington State shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.

11.2 You further agree that this Agreement is governed by the laws of Washington State.

12. SEVERABILITY

12.1 You agree that if any clauses in these Terms of Service are found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

13. ENTIRE AGREEMENT

13.1 You accept and understand that these Terms of Service (inclusive of any other Policies or Agreements referenced or incorporated herein) are the entire and exclusive agreement between Pint-Sized Apps and You regarding your use of the App. These Terms supersede and replace any prior agreements between Pint-Sized Apps and You regarding the App.

13.2 You acknowledge that you have not, in agreeing to these Terms of Service, relied on any representation, warranty or undertaking not expressly incorporated herein.

14. DISPUTE RESOLUTION

14.1 If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution via e-mail at info@BottleConnection.com. Pint-Sized Apps reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.

14.2 If the issue relates to a dispute with another user of the App. You agree that, in accordance with Sections 7, 8 and 9 above, we are not liable and are to be held harmless in connection with any dispute arising between you and another user of the App.

15. REVISIONS OF THESE TERMS

15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the App. If, in our opinion, the revision is material, we may notify you of the material revision via an e-mail to the email associated with your account.

15.2 You agree to be bound by any revised version of our Terms of Service, with or without formal notification, once published on the App, from the date of such publication, by continuing to access our App after any such revision has been published on the App. We strongly encourage you to review the Terms of Service published on our App from time to time.

15.3 You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.