GIMMEFORE TERMS OF SERVICE (U.S.)

Last updated: January 13, 2022

Your use of GimmeFore.com, GimmeFore’s apps, APIs and other websites operated by GimmeFore, and any related offerings (“Service” or “Services”) is subject to these U.S. Terms of Service (“Terms“).

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and or changes to our Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND GIMMEFORE. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), YOU WILL BE REQUIRED TO USE BINDING ARBITRATION TO RESOLVE DISPUTES WITH GIMMEFORE. PLEASE READ THESE TERMS CAREFULLY.

CERTAIN ITEMS ARE FOR PERSONS 21 YEARS OF AGE AND OLDER. YOU MAY NOT USE OUR SERVICE FOR THESE REGULATED ITEMS IF YOU ARE UNDER 21. YOU MAY NOT PURCHASE SPECIFIC ITEMS FOR OR PICK-UP FOR ANYONE UNDER 21. If you have a question, it may be in our FAQs. If you have any questions about these Terms or anything not listed in FAQs, please contact [email protected].

SECTION 1 – SHOPPING WITH GIMMEFORE

GimmeFore does not sell, offer to sell or solicit sales of products including but not limited to alcohol or tobacco: our Service enables you to search for products including alcohol and other products available for sale by licensed alcohol clients that use GimmeFore’s e-commerce service (“Clients”). The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Client of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage or tobacco licensee.

When you search for a product, the Service shows you its availability, price and other information based on your selection and information provided by the Clients. Our Service may be limited or not available at all in some places due to local law or other restrictions. When you order, it is an offer to purchase from a Client. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Client at that time. The Client reviews your order and decides whether to accept it. If the Client decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery or pick-up. GimmeFore does not guarantee delivery times and is not liable for the actions of the Clients nor the Clients’ products.

SECTION 2 – ACCOUNT REGISTRATION

You may register up to two accounts with GimmeFore. The information you provide must be accurate and complete, and you must keep it current. Use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined and you may be charged cancellation fees. You are responsible for use of your account, so do not let anyone else use it. Keep your username and password confidential. If you suspect unauthorized activity notify our [email protected] immediately.

If you wish to deactivate your account for any reason, send a request to [email protected]. If GimmeFore wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you. GimmeFore may, but is not obligated to, reactivate an account upon written request to its [email protected]

SECTION 3 – LICENSE AND ACCESS

We grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. You may use the Service only as permitted by these Terms and law. All rights not expressly granted in these Terms are reserved. You may not resell or otherwise make commercial use of the Service or its contents; collect and use any product listings, descriptions, or prices; make any derivative use of the Service or its contents; download, copy, or otherwise use account information for the benefit of any third party; use data mining, robots, or similar data gathering and extraction tools; or otherwise misuse the Service. This license will terminate if you do not comply with these Terms.

We license the Service to any US Government users as a “Commercial Item” as defined in 48 C.F.R. § 2.101, and the rights granted are the same as we grant to all others under these Terms.

SECTION 4 – PRICES, TAXES AND FEES

Clients set the price of their products on GimmeFore, and Clients may charge you additional fees to complete your order. Your order, including fees, may be subject to tax. The amount of the tax depends on things like the products ordered, location, and the legal obligations of the Client.

When you use the Service, you may incur separate and additional charges by your wireless and internet provider(s) including but not limited to data and standard messaging rates.

SECTION 5 – CHANGES TO ORDERS

If you wish to change your order for any reason after it has been placed, you may contact the Client directly or [email protected], but we cannot guarantee that your changes will be accepted by the Client. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

SECTION 6 – ID VERIFICATION AND OTHER CHECKS

It is the responsibility of the Client and any of its personnel to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with products sold such as alcohol or tobacco. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 35 but appear to be in the company of under 21 year olds), they may refuse to furnish you with alcohol.

Alcohol cannot be left unattended—someone 21 or older must be present to accept it. If a Client is unable to deliver your product for this or a similar reason, the Client may charge a cancellation fee. If we believe that your order is fraudulent or unlawful, we may alert the Client and suspend your use of the Service.

SECTION 7A – CLIENT RIGHT TO REFUSE, ADJUST AND CANCEL ORDERS

A Client may refuse, cancel or adjust your order for any reason. If the product you want is not available, the Client will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

Some Clients limit where they deliver (for example, some Clients will not deliver to all parts of its facility). If a Client policy prohibits delivery to your specific location, the Client will notify you, cancel your order and issue a refund.

Sometimes the law requires Clients to limit the number or type of product(s) in your order. If this happens, the Client will notify you and offer a reasonable substitute or refund your money. If you accept the substitution, the order total will be adjusted accordingly.

SECTION 8 – ERRORS

Sometimes product information—such as images, descriptions, availability, pricing and reviews—contains errors. If a Client identifies such an error, they will notify you and either offer a reasonable substitute or refund your money. If you accept the substitute, the order total will be adjusted accordingly.

If you receive a product that is not as described (or that you did not order), your sole remedy is to notify the Client and the Client will in its sole discretion either allow you to return the unused product (within the time period specified by the Client) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. (See Section 9 for more information.)

SECTION 9 – RETURNS AND REFUNDS

Clients and the laws in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged product for a refund or credit or exchange it for something else.

SECTION 10 – PRIVACY AND COMMUNICATION

Use of the Service is subject to our Privacy Policy. When you use the Service or send e-mails, text messages, or other communications from your device to us, you may be communicating with us electronically. You consent to receive electronic communications from us, and you agree that such electronic communications satisfy any legal requirement that a document be in writing.

SECTION 11 – PROMOTIONS AND REFERRALS

Your eligibility to use promotional or referral codes (or credits) depends on the laws in your state. The codes are non-transferable and may be used only with the Service. Codes cannot be redeemed for cash and expire in one year unless otherwise specified. GimmeFore, in its sole discretion, decides whether to accept codes created by any third party. If you attempt to evade restrictions on code redemption, GimmeFore may decline to redeem your code.

SECTION 12 – GIMMEFORE OWNERSHIP

GimmeFore and its licensors own the Service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other US or international intellectual property rights therein.

SECTION 13 – ADDITIONAL APPLE DEVICE TERMS

If you use the GimmeFore App on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); these additional terms apply to your use of the Service on such Apple device. We are solely responsible for the GimmeFore App on your Apple Device, and you may use the GimmeFore App on your Apple Device only as permitted by these Terms and the “Usage Rules” set forth in the Application Store Terms and Conditions (http://www.apple.com/legal/itunes/appstore/us/terms.html). As between GimmeFore and Apple Inc., to the extent that: (a) we are required to address any claims related to your or a third party’s use or possession of the GimmeFore App on your Apple Device, we will be responsible for addressing, investigating, or defending the claim; and (b) we have not effectively disclaimed any warranties relating to the GimmeFore App on your Apple Device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the GimmeFore App fails to conform to any warranty. If the GimmeFore App on your Apple Device fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the GimmeFore App on your Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the GimmeFore App on your Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms as relating to the GimmeFore App on Apple Devices, and Apple Inc. and its subsidiaries may enforce these Terms against you as a third party beneficiary of these Terms.

SECTION 14 – CONTENT PROVIDED BY YOU

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to us or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift or other content. We do not regularly review posted content, but we do reserve the right to remove or edit such content. We may use this content for any purpose, without restrictions, and without notice or compensation, and you grant us a perpetual, royalty-free, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name you submit in connection with such content.

SECTION 15 – THIRD PARTY

GimmeFore does not examine, warrant or endorse any third-party sites and apps to which the Service links, and is not liable for your use of them.

SECTION 16 – DISCLAIMER OF WARRANTIES

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIMMEFORE MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND,SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GIMMEFORE OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

GIMMEFORE MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE OUR SERVICE.

SECTION 19 – LIMITATIONS OF LIABILITIES

GIMMEFORE IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. GIMMEFORE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY CLIENT, CLIENT PERSONNEL, ADVERTISER, OR OTHER USER OF THE SERVICE. NEITHER GIMMEFORE NOR ANY CLIENT IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.

If an arbitrator or a court finds GimmeFore liable for damages notwithstanding the foregoing, GimmeFore’s total liability for all damages shall not exceed the amount paid by you to GimmeFore for your use of the Service.

SECTION 20 – COPYRIGHT DISPUTE

Please report potentially infringing content to us at [email protected]

SECTION 21 – UPDATES

We may update these Terms at any time. Updates are effective as of the “Last updated” date at the top of these Terms. Your use of the Service after an update is your acceptance of the updated Terms. If any part of the Terms are found invalid, void, or unenforceable, that part shall be severed and not affect any remaining term or condition.

SECTION 20A – DISPUTE RESOLUTION

UNLESS YOU OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED WITH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

To begin the dispute resolution process, notify GimmeFore of your claim by sending an email to [email protected]. You must include: (a) a description of your claim or dispute; (b) the specific relief you want; and (c) your name, address and contact information. If the claim is not resolved within 30 days of your notice, you or GimmeFore may begin formal arbitration. If we intend to begin arbitration, we will notify you in writing using the contact information you provide.

The American Arbitration Association (“AAA”) will conduct the arbitration pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes, and these Terms. The AAA’s rules are available at https://www.adr.org/ or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA’s rules govern filing, administrative and arbitrator fees. You are responsible for any fees including but not limited to filing, administrative or attorney charges. You may choose to have the arbitration conducted by telephone, in writing, or in person in the state of Illinois or at another mutually agreed location.

SECTION 20A – OPTING OUT OF ARBITRATION

IF YOU DO NOT WANT TO USE ARBITRATION TO RESOLVE YOUR DISPUTES WITH GIMMEFORE, NOTIFY GIMMEFORE IN WRITING OF YOUR DESIRE TO OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO [email protected]. YOU MUST PROVIDE THIS NOTICE WITHIN 30 DAYS OF ACCEPTING THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE 30-DAY PERIOD, ARBITRATION WILL BE REQUIRED. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION CONTAINED IN THESE TERMS TO MAKE YOUR DECISION, AS IT IS NOT INTENDED TO PROVIDE A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.

SECTION 21 – APPLICABLE LAW

The laws of the State of Illinois, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in Illinois shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local, state or national laws applicable to your use of the Service, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of alcoholic beverages or other products. You must comply with all applicable U.S. or other export and re-export restrictions.

SECTION 22 – COMMUNICATIONS DECENCY ACT

Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.