TERMS & CONDITIONS

When you purchase an item using our web site or our site, you agree to be bound by these terms of service, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site including such as special offers or promotions, which may be amended from time to time and we may refer to collectively as your “Agreement” with us. The policies that apply in our Half Time retail stores may differ from those applicable to your use of our Web site. Please keep in mind these are separate and relate to different locations and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Half Time as “we”, “us” or “our” (or, of course “Half Time”).

QUENCH IT II, INC.

d/b/a HALF TIME BEVERAGE (“HALF TIME”)

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

Effective as of September 1, 2022

1.     INTRODUCTION 

 

A.     Service. Half Time and its suppliers and affiliates (collectively, “Half Time ”, “we”, “our”, or “us”) provides the website and online service available at www.halftimebeverage.com  (“Site”), an online website, and all related software, products, information, services, communications, webpages, mobile site, app and any other website owned and operated by Half Time, (collectively, and together with the Site, the “Service”) to all visitors, users, and others who access the Service (“Users”, or “you”) subject to the terms and conditions (these “Terms and Conditions”) regardless of a User’s purpose, use, amount of time spent using, accessing, viewing or otherwise, of the Service. Please read these Terms and Conditions carefully before using the Service. BY USING THE SERVICE IN ANY WAY, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE HEREIN WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE. By not agreeing to these Terms and Conditions, you are not authorized to access or otherwise use the Site. By using the Site and Service following any modifications to the Terms and Conditions, you agree to be bound by any such modifications. 

 

B.    Changes to the Terms and Conditions and/or Service. Half Time may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. HALF TIME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE, CHANGE, MODIFY, ADD, OR DELETE PORTIONS OR ALL OF THESE TERMS AND CONDITIONS OF USE AT ANY TIME BY UPDATING THEM ON THE SITE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. Half Time may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through the posting of such notice on our Site, as determined by Half Time in its sole discretion. Half Time is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Whenever we change the Agreement in a material manner, we will update the “last modified” date at the top of this page. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and you acknowledge and agree that you hereby accept the new terms so long as they are updated here. Your continued use of the Service after any such change constitutes your acceptance of the new Terms and Conditions. Half Time may, without prior notice, change the Service; stop providing the Service or features of the Service; or create usage limits for the Service. These Terms and Conditions apply to every Site and Service maintained by Half Time. If you breach any of these Terms and Conditions your right to use this Site will terminate automatically. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms and Conditions, or for no reason. 

 

C.    The Service enables you to search online for alcoholic beverages and other products available for sale by Half Time, which is an alcoholic beverage retailer and, with your permission, utilizes third party providers to facilitate delivery of your order to you. Half Time does not employ any delivery drivers or common carriers. Half Time does not guarantee shipping or delivery times and is not liable for the actions, omissions, products, or content of any delivery driver or service. The laws and regulations governing alcohol sales, shipping and delivery vary by state, and thus the applicable terms of sale, shipment and delivery terms could vary depending on the laws and regulations of your state of residence.

 

D.    THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

2.     ACCEPTANCE OF TERMS 

 

A.    Eligibility. These Terms and Conditions constitute a contract between you and Half Time and you agree to be bound by these Terms and Conditions before using the Service. To use the Service, you agree to comply with these Terms and Conditions and all applicable local, state, national, and international laws, rules, and regulations. Any use of or access to the Service by anyone under 21 years of age is strictly prohibited and in violation of these Terms and Conditions. The Service is not available to any Users previously removed from the Service by us.

 

B.    No Waiver. Our failure to enforce any provisions of the Agreement or respond to any breach by you or other parties shall not in any way waive our right to subsequently enforce any terms or conditions of the Agreement or to act with respect to similar breaches. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within thirty (30) days after such claim or cause of action arose or be forever barred. 

 

C.    Sole Responsibility. You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including but not limited to any loss or damage Half Time may suffer. Additionally, you agree that Half Time has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.

 

D.    Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from Half Time as further described in our Privacy Policy. Please read our Privacy Policy to learn in greater detail about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including those communications that must be in suitable writing.

 

3.     USERS 

 

A.    Age Restriction. The Service is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. By registering on the Service, you certify that you are at least 21 years of age and legally reside in the United States. Any persons under 21 years of age or who do not legally reside in the United States are prohibited from using the Service in any way. You agree that you will not purchase, deliver, or pick up products for, or provide any information of, any individual under the age of 21. You agree that you shall monitor your account to prevent use by any person under the age of 21. 

 

B.    ASSUMPTION OF RISK. YOU ASSUME ALL RISK AND LIABILITY FOR THE USE OF ANY PRODUCTS, WHETHER IN TERMS OF HEALTH AND SAFETY OR GENERAL EFFECTIVENESS. [You are solely responsible for your interactions with other Users. Half Time reserves the right, but has no obligation, to monitor disputes between you and other Users.] 

 

C.     Personal Use. Subject to these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Half Time reserves all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or for no reason at all. We do not grant you any express or implied rights to access or use the Service for any other purpose than that stated in this Section. Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You agree to have no more than one User Account and to not sell, trade, gift, or transfer that User Account to any other person. You may never use another User’s User Account without written permission of Half Time. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing the settings on your Account settings page. By providing us with your email address, you consent to our using of the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences on your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject to. You agree that you will not interfere with or disrupt the Service and that you will not access the Service by any other means other than through the interface provided by Half Time.

 

D.    Service Rules: You agree not to engage in any of the following prohibited activities, which includes but is not limited to: (a) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (b) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including User Account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

E.     Registration Information: In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Service. You represent and warrant that any registration information you give to us is and will remain fully accurate, correct, and up to date at all times.

 

F.      Right to Terminate: Half Time or you may terminate your User Account at any time, with or without warning and with or without cause. Even after your User Account is terminated, these Terms and Conditions shall remain in effect. You may terminate your User Account at any time, for any reason, by contacting us by email at support@halftimebeverage.com. Requests for User Account termination may also be made in writing to:

 

Half Time Beverage

Support Department

2290 South Road

Poughkeepsie, NY 12601 

 

 

 

4.     PRIVACY AND SECURITY 

 

A.    Privacy and Security. Half Time cares about the privacy of our Users. Half Time has strict customer information confidentiality policies as set forth in our Privacy Policy. You agree to be bound by Half Time’s Privacy Policy. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our [Privacy Policy], and to have your personally identifiable information collected, used, transferred to, and processed. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personally identifiable information for improper purposes. You acknowledge that you provide your personally identifiable information at your own risk and shall not hold Half Time liable for any breach of your personally identifiable information in relation to the Site, Service or Half Time. 

 

 

B.    Notifications. By providing your contact information, you acknowledge that you may receive push notifications on your mobile device (“Push Notifications”), as well as via email or other types of messages. You acknowledge that, when you use the Service, your wireless service provider may charge you fees for data, text messaging, and/or other wireless or internet access, including in connection with all notifications and messages. You have control over mobile Push Notifications settings and may opt-in or opt-out of these on your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). 

 

C.     [The parties acknowledge and agree that Half Time shall act as a “Service Provider”, as such term is defined in the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. and implementing regulations (the “CCPA”), and shall collect, access, maintain, use, process and transfer “personal information”, as that term is defined by the CCPA (“CCPA Personal Information”) solely for the purpose of performing Half Time’s obligations under these Terms and Conditions for or on behalf of you and for no commercial purpose other than the performance of such obligations. Half Time shall delete and permanently destroy CCPA Personal Information upon written request by you. Notwithstanding the foregoing, nothing in these Terms and Conditions shall restrict Half Time’s ability to disclose CCPA Personal Information (a) to a subcontractor for a business purpose pursuant to a written agreement to protect CCPA Personal Information in the same manner as provided herein, (b) to a third party as necessary to comply with applicable laws, or (c) as otherwise permitted by the CCPA. 

 

5.     TRANSACTIONS

 

A.    Half Time relies upon a network of independent vendors, retailers, manufacturers, and other licensed parties (collectively, “Vendors”) who sell the products and services available on Half Time. Each product or service listed on Half Time is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that Half Time does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement, or communication is void where prohibited by law. 

 

B.    [If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information (“Payment Method”). You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Half Time and to Vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a vendor’s privacy policy, please contact us before purchasing a product.]

 

C.    [Half Time displays suggested retail prices for goods and services advertised based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.]

 

D.    [Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher or lower than the stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.]

 

E.     All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.

 

F.     [The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product or payment for service purchased by a customer in error.]

 

G.    Half Time has affiliated legal entities that may provide services to you on behalf of Half Time. You acknowledge and agree that such affiliates are entitled to provide services to you.

 

INTELLECTUAL PROPERTY

 

A.    You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Half Time, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute any such Information without the express written consent of the owner of such Information.

 

B.    As between you and Half Time, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

C.    We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by Half Time. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.

 

D.    Unless specifically requested, Half Time does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Half Time will be deemed not to be confidential or secret. By submitting or sending information or other material to Half Time you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to  Half Time you grant  Half Time the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

 

E.     [All sales are final. Once a customers’ order is placed, we will allocate the necessary inventory for the order. Regardless of the duration it takes to fulfill and ship an order, we will not be able to cancel the order after it is placed due to buyer's remorse or for any other reason.]

 

F.     [We reserve the right to limit quantities of any product in whatever manner we see fit in our discretion.] 

 

G.    We also reserve the right to reject any order you place with us. These restrictions may include but are not limited to orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

 

H.    Half Time assumes no liability for misunderstanding or any misinterpretation of the terms and Conditions, shipping procedures, shipping laws, or other matters pertaining to individual states and situations.

 

I.      The Service contains data, information, and other content not owned by you, such as promotional offers or credits to purchase products and services from us “Half Time Property”. You understand and agree that regardless of terminology used, Half Time Property represents a limited license right governed solely by the terms of these Terms and Conditions and available for distribution at our sole discretion. Half Time Property is not redeemable for any sum of money or monetary value from Half Time at any time, are non-transferrable and may only be used in connection with the Service. You acknowledge that you do not own or possess any rights of access or rights to data stored by or on behalf of Half Time on Half Time ’s servers, including without limitation any data representing or embodying any or all of the Half Time Property. You agree that Half Time has the absolute right to manage, regulate, control, modify and/or eliminate Half Time Property as it sees fit in its sole discretion, in any general or specific case, and that Half Time will have no liability to you based on its exercise of such right. All data on Half Time ’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON HALF TIME ’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN HALF TIME ’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. HALF TIME DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON HALF TIME ’S SERVERS.

 

J.     [California Residents: If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA, 95834, or by telephone at.: (800) 952-5210 or (916) 445-1254.]

 

6.     PAYMENT TERMS

 

A.    Purchase. You may initiate a product Order to Half Time by submitting an Order Request via the Half Time Site or other electronic means designated by us, specifying the following, if applicable:

 

a.      the types and quantities of products, and (b) the product delivery location (“Delivery Location”). Some state regulations may require a business address for shipment to a Delivery Location, and, if applicable, you represent that the address you have provided is a business address. By submitting an Order Request in accordance with this Section, you make a binding offer to purchase products from Half Time pursuant to these Terms and Conditions and on no other terms, including any purchase order terms. 

 

B.    We also have the right, in our sole discretion, to reject any Order Request. Further, Half Time is not under any obligation to accept any Order Request. We may, in our sole discretion, cancel any Order Requests. If we make a change to, or decline to accept, an Order Request, we may attempt to notify you. We reserve the right to limit or prohibit Order Requests for any reason, including those that, in our sole judgment, appear to be unauthorized.

 

C.    When Half Time accepts an Order, we may send an order confirmation via text or send a confirmation email to the email address you provide. No Order is binding on us, and, regardless of your acceptance of such Order, we may cancel or rescind a previously accepted Order, without liability or penalty, and without constituting a waiver of any of our rights or remedies under these Terms and Conditions, by providing written notice to you specifying the applicable date of rejection, cancellation, or rescission, for any or no reason. If we cancel or rescind a previously accepted Order, we will refund any amounts paid by you associated with such Order, if any.

 

D.    Payment terms are within Half Time's sole discretion, and, unless otherwise agreed to by Half Time, payment must be made at the time of purchase. Your order is subject to cancellation by Half Time, at Half Time's sole discretion. Half Time is not responsible for pricing, typographical, or other errors, in any offer by Half Time and reserves the right to cancel any orders resulting from such errors.

 

E.     We may add new services for additional fees and charges or add or amend fees and charges for existing services, at any time in our sole discretion. You agree to pay all charges incurred by users of your Payment Method used in connection with a transaction with the Service at the prices in effect when such charges are incurred. We accept various payment methods through a payment processor. By using our Service, you agree to be bound by the terms of our payment processors, as applicable. Agreements with our payment processors (i.e., Stripe, Square, Braintree) can be found on their respective websites.

 

F.     Product sizes are subject to change without prior notice. We reserve the right to change descriptions and product sizes when they are incorrect due to typographical errors or size changes made by our vendors.

 

G.    Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  Half Time Beverage reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

7.     SHIPPING AND DELIVERY 

 

[Unless otherwise expressly agreed by the parties in writing, all products are shipped, transported, and delivered to you by an independent carrier not affiliated with or controlled by us. Title to products and risk of loss passes to you upon our tender of such products to you at a Delivery Location set forth in an Order.] This means that once Half Time delivers the products to the specified Delivery Location, the legal ownership or title of those products transfers to you, the buyer. The buyer now has the right to claim ownership and exercise all associated rights with the products. Risk of loss passes to you upon our tender of such products to you at a Delivery Location. The responsibility for any damage or loss that may occur to the products during the delivery process shifts to the buyer as soon as the seller tenders or hands over the products at the specified Delivery Location. Therefore, if any unfortunate event happens to the products during delivery, the buyer will bear the financial consequences.

 

A.    We will recommend the method of shipment of and the carrier for products. We may, in our sole discretion, without liability or penalty, make partial shipments or deliveries of products to you. You represent and warrant that you are 21 years of age or older and agree to furnish a government-issued identification document to verify your age at the time you accept any products.

 

B.    Half Time and any fulfilment provider are responsible for verifying identification and age and determining whether it is otherwise safe and appropriate to furnish you with alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of receipt. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate, they will refuse to furnish you with alcohol. Note that alcohol cannot be left unattended. A recipient 21 or older must be present to accept and sign for it. If Half Time or its third-party delivery service is unable to deliver your Product for this or a similar reason, Half Time may charge a restocking fee.

 

C.    We do not control the delivery date / time of any order. Once the package is in control of the shipping carrier, we cannot control how long it will take to be delivered and we only have access to the same information you have while tracking the order. Please track your package on the respective website.

 

D.    You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for delays, late or early deliveries. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. 

 

 

E.     Any time quoted for delivery, including any estimated delivery date, is an estimate only. No delay in the shipment or delivery of any product relieves you of your obligations under these Terms and Conditions, including accepting delivery of any remaining installment or other Orders of products.

 

F.     Half Time is not responsible for:

 

1.     Items delivered to incorrect addresses supplied by the sender or recipient.

2.     Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the sender or recipient.

3.     Decreased product quality due to an incorrect delivery address supplied by the sender or recipient, or a re-route requested by the sender or recipient.

4.     Product quality problems caused by improper handling by the recipient including product quality problems resulting from perishable items that are left unattended or unopened by the recipient.

 

G.    We are not liable for damages to orders due to weather conditions during shipping. Potential heat exposure during warm weather conditions and extreme cold during the winter months may damage items during shipping. Once placed, an Order cannot be held by Half Time until weather conditions improve.

 

H.    After receiving your package, if there are any issues with your order such as damaged or missing products, you must contact us within 24 hours of receipt of your Order regarding the issue. After the expiration of such period, Half Time shall not be held responsible for any issues.

 

I.      If you place multiple orders on our site, we will ship each order individually and cannot combine shipping of different Orders. If any issues should arise with any of the Orders, we will address each issue pertaining to such Order separately.

 

J.      We do not accept requests to swap one product for another.

 

K.    [If a package gets lost during transit, you should contact the shipping carrier to obtain any related information.] 

 

L.     If you need to change the delivery address of an order for any reason whatsoever, please notify us as soon as possible before the order is shipped. If the order has already been shipped, rerouting or stopping the Order may not be possible. 

 

M.   Please be advised that during holidays or at certain times there might be delays in fulfilling orders. Any issues or complaints regarding shipping delays should be directed to the shipping carrier assigned to your order. You can also email us at orders@halftimebeverage.com and we will do our best to help locate your order and determine the cause for any such delay.

 

N.    We, or our designated agents, will use commercially reasonable efforts to properly pack, mark, and ship products.

 

O.    All product prices are exclusive of, and you are solely responsible for and shall pay, all shipping fees and taxes, with respect to sale, shipment, or price of the applicable products (including interest and penalties thereon).

 

P.     Any shipments or deliveries of products that are refused or undeliverable by any third-party carrier will be returned to us at your expense.

 

Q.    Half Time makes no representation as to the right of any person to import any product into any state. For each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. In all instances, any solicitation, invitation, offer, advertisement, or communication to purchase from Half Time is void where prohibited by law.

 

R.    The Service may not be available in some locations due to local laws, regulations, or other restrictions.

 

S.     In the event of adverse delivery conditions including, but not limited to, inclement weather, natural or man-made disasters, or acts of God that Half Time believes may impede the successful delivery of an order, Half Time, at its sole discretion, may choose to reschedule a delivery. Should Half Time, at the request of the purchaser or recipient of an order, attempt to deliver an order despite its determination that adverse conditions may impede its successful delivery, you agree that Half Time shall bear no responsibility for damage to, or unsuccessful delivery of, your order resulting from said adverse conditions.

 

8.     CANCELLATION, RETURNS, DAMAGES POLICY 

 

A.    Half Time makes no representations concerning your ability to return a Product. Half Time and the applicable laws determine whether a return, refund or exchange is available to you. We cannot guarantee that your changes will be accepted. If you wish to change your order for any reason after it has been placed, we cannot guarantee that your changes will be accepted by Half Time. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

 

B.    [ All orders are final and non-refundable after seven (7) days from the date of our confirmation email. Except as provided under these Terms and Conditions, you have no right to return products purchased under these Terms and Conditions to us.] 

 

C.    If an order is returned to us as “Returned to Sender” for any reason, the order shall be treated as a refused Order hereunder.

 

 

9.     CREDITS, GIFT CERTIFICATES AND INVITATIONS 

 

A.    You may not participate in any referral, credit, or certificate program if any applicable laws or regulations prohibit doing so.

 

B.    [Gift Cards. You may purchase Half Time gift cards through the Service (“Half Time Gift Cards”). Half Time Gift Cards may be redeemed at any participating Half Time store or through our Online Service for our products or services. Gift cards can not be redeemed for Subscription products (i.e. Beer of the Month Clubs). You may purchase Half Time Gift Cards for variable amounts made available on the Site. You may not purchase Half Time Gift Cards in amounts exceeding $500.00 in any single day. The amount of the Half Time Gift Card you purchase will be charged to you according to your selected Payment Method. Half Time Gift Cards may only be purchased and redeemed by persons residing in the United States, its territories, or military posts where Half Time is available. You do not need a User Account to purchase Half Time Gift Cards, but use of a Half Time Gift Card balance requires a User Account. The method of redemption of Half Time Gift Cards is subject to change in our sole discretion. If an Order exceeds the amount of the Half Time Gift Card, the balance must be paid with another Payment Method. Half Time Gift Cards cannot be redeemed for other gift cards or cash except where required by law. Half Time Gift Cards cannot be transferred once redeemed. For balance information, or to replace the remaining value on a damaged card, contact support@halftimebeverage.com. The Half Time Gift Card balance relayed to you is an estimate only. Half Time Gift Cards require no maintenance, activation, or other fees, and underlying funds do not expire. Risk of loss and title for Half Time Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Half Time is not responsible for lost or stolen Half Time Gift Cards, or for use without your or the recipient’s permission. Half Time reserves the right to close accounts or request alternative forms of payment if a Half Time Gift Card is determined to have been fraudulently obtained or used. Half Time has the right to reverse the purchase of any Gift Card fraudulently acquired and or purchased by some other illegal means. Half Time shall not bear any responsibility for any Half Time Gift Cards that have been obtained fraudulently and then redeemed instore before the Payment Method provider knows of the fraudulent purchase. Any issues regarding a fraudulent purchase must be handled by the User with the Payment Method provider. User shall absolve Half Time for any damages caused by the fraudulent purchase.] 

 

C.    Gift Cards are virtual items, and they are sent to the customer's email right after checking out. At the moment, we do not support physical gift cards to be shipped by regular mail.

 

D.    At Half Time, we strive to maintain a diverse and vast inventory to meet your needs. However, due to occasional exceptionally high order volumes, there might be instances where some items you have ordered could run out of stock or, on rare occasions, certain products might be discontinued without prior notice. In such situations, we assure you that we will take prompt action to ensure the fulfillment of your order. Our team will implement one of the following measures to complete your purchase and ensure your satisfaction.:

 

1.     Upgrade the missing item(s) for another product of the same style;

2.     Refund the missing item(s);

3.     Or, refund the entire order.

 

 

10.  MEMBERSHIP CHANGES

 

[Changes to your subscription membership including, but not limited to, changes to delivery addresses, shipping schedules, billing information, and product selections, must be received by Half Time by the fifteenth day of the shipping month to take effect that month. Changes received after the fifteenth day of the month will take effect the following month and Half Time will not be responsible for missing, damaged, or unshipped items or incorrect/unintended deliveries due to change requests received after the fifteenth day of the shipping month.]

 

11.  SUBSCRIPTIONS - ONGOING ORDERS AND AUTOMATIC RENEWALS

 

A.     Subscription Service. The Service may include automatic recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you will provide us your Payment Method and authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account (“Subscription Fee”), all accrued sums on or before the payment due date (“Subscription Billing Date”) for your next product shipment (“Subscription Shipment”). The Subscription Fee and any other charges you may incur in connection with your use of the Subscription Service, such as taxes, will be charged to your Payment Method on the Subscription Billing Date indicated on the first day of each month. The length of your billing cycle and subsequently your Subscription Billing Date will depend on the frequency of subscription you choose when you activate the Subscription Service. Your Subscription Billing Date may change if, for example, your Payment Method is not successfully charged upon the first attempt. [You can view your next two upcoming payment dates on the “Subscribe” page of the Site.] If payment is not successfully made due to expiration of your Payment Method, insufficient funds, or otherwise, and you do not cancel your User Account, we will withhold from shipping products to you until we have successfully charged a valid Payment Method. You may view, edit, and delete your Payment Methods on the “Payments & Credits” page of the Site. We reserve the right to change the Subscription Service or adjust corresponding pricing in any manner and at any time as we may determine in our sole discretion. We shall provide notice to you of any substantial changes or adjustments to the Subscription Service.

 

B.    Cancellation. The subscription will continue indefinitely unless and until you cancel or we terminate it at our discretion for any reason, including, but not limited to in the event of invalid Payment Method. You must cancel your subscription by the tenth day of the shipping month before your next Subscription Billing Date in order to avoid billing of the next periodic Subscription Fee to your account. You may cancel the Subscription Service by clicking the cancellation button within your Half Time customer account. Once you have cancelled your Subscription, we will not charge further Subscription Fees, and your Subscription Service will cease on your next Subscription Billing Date. Following such cancellation, any subscription orders already charged will still be shipped to you, and all subsequent scheduled product shipments will be automatically canceled.

 

C.    Cancellation requests received after the tenth day of the month shall apply to the following month. A membership sent to a third-party recipient is the property of that third-party recipient and all cancellation requests must be made by that third-party recipient. Half Time cannot accept cancellation requests from the purchaser of a membership sent to a third-party recipient.

 

D.    IF YOU CHOOSE AN ONGOING MEMBERSHIP WITH NO DEFINED NUMBER OF SHIPMENTS, WE WILL CHARGE YOUR CREDIT CARD FOR YOUR INITIAL SHIPMENT(S) AT THE TIME YOU PLACE YOUR ORDER. YOUR ORDER(S) WILL AUTOMATICALLY RENEW ON THE SCHEDULE YOU SELECTED AND WE WILL CONTINUE TO CHARGE YOUR CREDIT CARD THE SAME AMOUNT ON APPROXIMATELY [THE TENTH DAY] OF EVERY SHIPPING MONTH UNLESS YOU PAUSE OR CANCEL YOUR MEMBERSHIP. YOU MAY PAUSE OR CANCEL YOUR MEMBERSHIP BY CONTACTING US PRIOR TO THE TENTH DAY OF ANY SHIPPING MONTH VIA EMAIL AT SUPPORT@HALFTIMEBEVERAGE.COM OR CALLING OUR CUSTOMER SUPPORT TELEPHONE LINE AS LISTED ON OUR SERVICE. IN THE EVENT THE PRICE OF YOUR AUTOMATIC PAYMENT(S) CHANGES, YOU WILL BE NOTIFIED BY US VIA EMAIL AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL ANY FUTURE SHIPMENTS PRIOR TO ANY CHANGE IN PRICE TAKING EFFECT. 

 

12.  HALF TIME SPECIALTY PRE-SALE ITEMS

 

A.    Orders for pre-sale Items will not be shipped until seven to ten days prior to the release date.  On occasion, shipments may be delayed due to the weather, or a delayed shipment from a Brewery or Distributor. In the case of a delayed shipment, we will notify you via email of this delay.

 

B.    In the rare instance where we cannot fulfill your Specialty Pre-Sale order, you will be issued a full credit for your Pre-Sale Items.

 

13.  USE OF SITE

 

A.    Half Time aims to create a positive, rewarding, and safe experience for its Users and prohibits certain kinds of conduct that may be harmful to other users or to Half Time. You are responsible for your use of the Site, and for any use of the Site made using your account. When you use the Site, you may not:

 

                                               i.     intentionally or unintentionally violate any law or regulation;

                                             ii.     violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

                                            iii.     post, share, send, or otherwise use the Site to engage in any action or matter that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications as outlined in our Anti-Spam Policy described below);

                                            iv.     transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

                                              v.     use automated methods to use the Site nor use any means to scrape or crawl any webpages or content contained in the Site (although Half Time may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Half Time reserves the right to revoke these exceptions either generally or in specific cases);

                                            vi.     attempt to circumvent any technological measure implemented by Half Time or any of Half Time’s providers or any other third party (including another user) to protect the Site;

                                           vii.     attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site; or

                                         viii.     advocate, encourage, or assist any third party in doing any of the foregoing.

 

B.    ANTI-SPAM POLICY. Half Time strictly prohibits the sending of unsolicited bulk email (“Spam”). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Half Time also prohibits using false headers in emails or falsifying, forging, or altering the origin of any email in connection with Half Time, and/or its products and services. Half Time prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. You agree not to interfere or take action that results in interference with or disruption of the Site or servers or networks connected to the Site. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Site.

 

14.  Future Apps and Technology 

 

A.    [While the Half Time App (“APP”) has not yet been developed, this section outlines the agreement by the User once the App or any other similar technology is used in connection with the Site and Service. We may make available software to access the Service via a mobile device. To use any App, you must have a mobile device that is compatible with the App. Half Time does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Half Time hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Half Time User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage, or otherwise interfere with security related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright and other proprietary rights notices on the App. You acknowledge that Half Time may from time-to-time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms and Conditions will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Half Time or its third-party partners or suppliers retain all rights, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms and Conditions, is void. Half Time reserves all rights not expressly granted under these Terms and Conditions. If the App is being acquired on behalf of the United States Government, then the following provision applies. The App will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202, and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Use and is prohibited except to the extent expressly permitted by these Terms of Use. The App originates in the United States and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Service.

 

B.    App from Apple App Store. The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms and Conditions is solely between you and Half Time, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Half Time as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, without limitation: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to Half Time as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s Intellectual Property Rights, Half Time, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You and Half Time acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

 

C.    App from Google Play Store. The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that the Agreement is between you and Half Time only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Half Time, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Half Time ’s Google-Sourced Software.]

 

15.  LINKS

 

The Site may display links to other sites which are not maintained by Half Time. Half Time is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that Half Time is affiliated with such sites or third parties. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Half Time of such sites or the content, products, advertising, or other materials presented on such sites.  Half Time does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Half Time is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. You also acknowledge and agree that Half Time is not responsible or liable for the Linked Sites (1) availability or accuracy; or (2) content, advertising or products on or made available. 

 

16.  INTELLECTUAL PROPERTY - COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

 

A.    [User Content. Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).] [CONFIRM]

 

B.    [We claim no ownership rights over user content created by you. The user content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms and Conditions. Half Time has the right (but not the obligation) in its sole discretion to monitor or remove any User Content that is shared via the Service.

 

C.    By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Half Time a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and Half Time ’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under these Terms and Conditions.

 

D.    For purpose of these Terms and Conditions, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

 

E.     In connection with your User Content, you affirm, represent, and warrant the following:

 

                        i.         You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use.

                       ii.         You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

                     iii.          Your User Content and Half Time ’s use thereof as contemplated by these Terms and Conditions and the Service will not violate any law or infringe any rights of any third party, including, without limitation, any Intellectual Property Rights and privacy rights.

                      iv.         Half Time may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

                       v.         To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

 

F.     Half Time takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Half Time shall not be liable for any damages you allege to incur because of or relating to any User Content.]

 

G.    [Except for User Content] You acknowledge and agree that all information to which you have access via the Service, trademarks, service marks, the Service, all materials therein or transferred thereby, and all Intellectual Property Rights related thereto (collectively, the “Information”) are the exclusive property of Half Time and its licensors. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Information. Use of the Information for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including, without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Half Time under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Half Time does not waive any rights to use similar or related ideas previously known to Half Time, or developed by its employees, or obtained from sources other than you.

 

H.    The contents of this Site, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to Half Time. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Site in any way for any public or commercial purposes, without Half Time’s written permission. You are authorized to use this material only for personal, non-commercial purposes.

 

17.  CONTENT PROPERTY OWNERSHIP

 

A.    Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, or otherwise, under copyright or other intellectual property rights. All copyright in the contents of the site, including but not limited to publications, graphics, blogs, and all other property on the Site (collectively, the "Content"), are owned by Half Time or its licensors.

 

B.    Content. Except for User Content, the Service, and all Intellectual Property Rights including therein and related thereto, are our exclusive property (“Exclusive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Exclusive Content, including without limitation any materials or content accessible on the Service. Our name and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress protected by the laws of the United States and/or other countries or jurisdictions. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. 

 

C.    Feedback you provide. We value input from our Users and are always interested in learning of ways we can make the Service better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.

 

D.    [Our rights to the content are protected by national and international copyright, trademark, and other intellectual property laws and treaties. The extent of your license to use the content on the site is limited to your own personal use. Your commercial use of the content is strictly prohibited. We reserve the right to revoke your license and terminate your access rights to the site with or without notice to you at any time for any reason, including but not limited to your express violation of the limited license provided to you.]

 

18.  UNLAWFUL ACTIVITY

 

Half Time reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

 

19.  HEADINGS

 

The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived there from.

 

20.  UNENFORCEABILITY

 

If any provision of these Terms and Conditions or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms and Conditions on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms and Conditions as modified legal and enforceable to the maximum extent permitted under applicable laws.

 

21.  WAIVER

 

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Half Time ’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms and Conditions shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms and Conditions may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in these Terms and Conditions shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

 

 

22.  FORCE MAJEURE 

 

Half Time shall be excused from performance under these Terms and Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, pandemic, epidemic, act  of terrorism, computer or telecommunications failure or any other circumstance beyond our control.

 

23.  GOVERNING LAW AND VENUE

 

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that the Service shall be deemed solely based in New York; and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us either specific or general, in jurisdictions other than New York. The parties acknowledge that these Terms and Conditions evidences a transaction involving interstate and or intrastate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Dutchess County, New York, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Dutchess County, New York, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

 

24.  DISCLAIMER OF WARRANTIES

 

A.    THE SITE, SERVICE AND PRODUCTS INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  HALF TIME DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  HALF TIME MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HALF TIME OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

B.    ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

 

C.    [THE MATERIAL CONTAINED IN THIS SITE HAS BEEN CHECKED FOR ACCURACY; HOWEVER, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. HALF TIME EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THIS SITE. INFORMATION PUBLISHED ON THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY.] 

 

D.    HALF TIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR SERVICE, AND HALF TIME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

E.     FEDERAL LAW, SOME STATES, [PROVINCES,] AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS AND CONDITIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

25.  LIMITATION OF LIABILITY

 

A.    IN NO EVENT SHALL HALF TIME OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF  HALF TIME OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

 

a.      ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE.

b.     YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE.

c.      YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND

d.     ANY CHANGE MADE BY HALF TIME TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.

 

B.    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

 

C.    YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HALF TIME, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE, ANY SALE CONDUCTED HEREUNDER, OR INFORMATION REGARDING HALF TIME PRODUCTS, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF NEGLIGENCE, LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.

 

D.    EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY HALF TIME ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS AND CONDITIONS AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). 

 

 

E.     YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS AND CONDITIONS MUST BE FILED BY YOU WITHIN THIRTY DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

26.  ARBITRATION AGREEMENT

 

A.    PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, MEANING THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES AND/OR SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS AND CONDITIONS ALSO INCLUDES A JURY WAIVER.

 

B.    IF THERE ARE INSTANCES WHEN YOU HAVE A PROBLEM OR DISPUTE THAT NEEDS SPECIAL ATTENTION HALF TIME IS COMMITTED TO REACH A REASONABLE RESOLUTION; HOWEVER, WE CAN ONLY DO THIS IF WE KNOW ABOUT AND UNDERSTAND YOUR ISSUE. THEREFORE, FOR ANY PROBLEM OR DISPUTE THAT YOU MAY HAVE WITH HALF TIME, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL FIRST GIVE HALF TIME AN OPPORTUNITY TO RESOLVE YOUR PROBLEM OR DISPUTE. THIS INCLUDES YOU FIRST SENDING A WRITTEN DESCRIPTION OF YOUR PROBLEM OR DISPUTE TO HALF TIME BEVERAGE Dispute Department, 2290 South Road, Poughkeepsie, NY 12601. YOU THEN AGREE TO NEGOTIATE WITH HALF TIME BEVERAGE IN GOOD FAITH ABOUT YOUR PROBLEM OR DISPUTE. THIS SHOULD LEAD TO RESOLUTION, BUT IF FOR SOME REASON YOUR PROBLEM OR DISPUTE IS NOT RESOLVED SATISFACTORILY WITHIN SIXTY (60) DAYS AFTER HALF TIME’S RECEIPT OF YOUR WRITTEN DESCRIPTION OF IT, YOU AGREE TO THE FURTHER DISPUTE RESOLUTION PROVISIONS BELOW.

 

C.    YOU AND HALF TIME AGREE THAT THEY WILL RESOLVE ANY DISPUTES THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. ALL CONTROVERSIES, CLAIMS, COUNTERCLAIMS, OR OTHER DISPUTES ARISING BETWEEN YOU AND HALF TIME RELATING TO THE SITE, SERVICE OR THESE TERMS AND CONDITIONS (EACH A “CLAIM”) SHALL BE SUBMITTED FOR BINDING ARBITRATION.

 

D.    YOU AGREE THAT YOU AND HALF TIME ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND HALF TIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AND HALF TIME AGREE THAT AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THESE TERMS AND CONDITIONS EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE, AND THUS, THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.

 

E.     TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.

 

F.     [ARBITRATION UNDER THESE TERMS AND CONDITIONS SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATION SHALL BE ADMINISTERED BY AAA PURSUANT TO ITS CONSUMER ARBITRATION RULES. IF THE ARBITRATION RESULTS IN AN AWARD, THEN JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AND ANY OF THE HALF TIME ENTITIES, AS APPLICABLE, AGREE TO PAY OUR OWN FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. YOU AGREE THAT ANY CLAIM FOR OR AWARD OF ATTORNEYS’ FEES IS WAIVED. AN ARBITRATOR MAY AWARD ON AN INDIVIDUAL BASIS ANY RELIEF. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT YOU MAY TAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT.]

 

G.    THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF YOUR RELATIONSHIP WITH HALF TIME.

 

27.  MISCELLANEOUS

 

A.    Entire Agreement. These Terms and Conditions constitute the whole legal agreement between you and Half Time and govern your use of the Site and completely replace all prior agreements between you and Half Time in connection with the Site. These Terms and Conditions, together with any amendments and any additional agreements you may enter into with Half Time in connection with the Service, shall constitute the entire agreement between you and Half Time concerning the Service. 

B.    Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Half Time without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

C.    Third Parties. You acknowledge and agree that each subsidiary and affiliate of Half Time shall be a third-party beneficiary of the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third-party beneficiary of the Terms.

 

D.    Survival. You acknowledge and agree that Half Time may terminate providing any services or the legal agreement between you and Half Time for any reason at any time. If at any time, the relationship between Half Time and you end, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.

 

E.     Export. Software available in connection with the Service is subject to United States export controls. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. No software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws.

 

F.     [ADA Compliance. Half Time is committed to providing a website that is accessible to all, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.2.1 accessibility standards up to level AA. If you experience any difficulty in accessing any part of this website, please feel free to contact us at support@halftimebeverage.com We will work with you to provide the information you seek through an alternate communication method or one that is accessible for you consistent with applicable law.]

 

28.  NOTICES

You may contact us by writing us at the address listed below:

Half Time

Department of Notification

2290 South Road

Poughkeepsie, Ny 12601 

[_________________________________]

 

PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES.