Terms & Conditions

Last updated December 13, 2024

GOBRANDS, INC.

END-USER LICENSE AND TERMS OF SERVICE

PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.

THIS AGREEMENT, TOGETHER WITH OUR PRIVACY POLICY WHICH CAN BE FOUND AT https://legal.gopuff.com/policies/en (THE “PRIVACY POLICY”) AND ALL OTHER TERMS GOVERNING SPECIFIC GOPUFF PRODUCTS, SERVICES, OR MATERIALS, WHETHER OR NOT INCLUDED ON THIS PAGE (THE “SUPPLEMENTAL TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU AND GOBRANDS, INC., INCLUDING ITS SUBSIDIARIES AND AFFILIATES (D/B/A GOPUFF) (“GOPUFF,” “WE” OR “US”).  BY DOWNLOADING, ACCESSING, INSTALLING OR USING GOPUFF’S MOBILE APPLICATIONS (THE “APPS”) OR WEBSITES (THE “SITES”), INCLUDING WITHOUT LIMITATION THOSE ASSOCIATED WITH GOPUFF.COM, BEVMO.COM (“BEVMO!”), AND/OR LIQUORBARN.COM (“LIQUOR BARN”) OR BY USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY GOPUFF (COLLECTIVELY WITH THE APP AND THE SITE, THE “SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN THIS AGREEMENT TO RESOLVE ANY DISPUTES WITH GOPUFF.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, INSTALL OR USE THE SERVICES.

Except as otherwise set forth below, if you do not agree to be bound by this Agreement, then you may not use the Services. Gopuff reserves the right to modify this Agreement at any time without prior notice. You agree that each visit you make to the Sites or the Apps will be subject to the then-current Agreement, and continued use of the Services now or following modifications in this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the Apps or the Sites or uses or receives any Services. By using the Services, you represent and warrant that you are at least 18 years of age and the age of majority in the jurisdiction in which you reside, except as otherwise set forth below.

Age-Restricted Products; Regulatory Compliance. You agree that your use of the Services, the purchase of any of the alcohol, tobacco, nicotine, tobacco-related, CBD, or other age-restricted products contained on the Apps or the Sites (“Age-Restricted Products”), delivery of the Age-Restricted Products, and/or use of the Age-Restricted Products will not violate any local, state, or federal laws and regulations (the “Laws”). You further certify that the intended use of the Age-Restricted Products will not be as drug paraphernalia in violation of 21 USC §863 (PL 113-31). Gopuff does not promote the use of marijuana or any other controlled substance as defined in 21 USC §863 (PL 113-31). The Age-Restricted Products are solely for legal, personal use and not for resale, and nothing in the Sites or the Apps shall be construed as condoning or promoting the use of any controlled or illegal substance.

By purchasing Age-Restricted Products on the Sites, you are representing that the person receiving an order that contains  Age-Restricted Products from Gopuff is over the age of 21, and will provide photo identification upon delivery to verify their age. Gopuff and/or its employees, agents, contractors, or designated common carriers reserve the right to refuse delivery to any individual who fails to provide such identification. You agree that you will not furnish Age-Restricted Products obtained through Gopuff to any Person who is not a lawful consumer.

BevMo! Terms:

Bevmo! operates specialty beverage stores in California, Arizona and Washington in addition to the Bevmo! Site and App. Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That being said, title to the alcoholic beverages passes to you upon purchase in either California, Arizona or Washington. In the event that BevMo! may ship wine or other alcoholic beverages to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the state taxes (including the sales tax), if any, assessed by your state for that transaction; otherwise either California, Arizona or Washington sales tax will be assessed on the sale. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier, and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. Our Site lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws regarding such shipments. Please note that customers in Washington or Arizona who place orders of alcoholic beverages for shipment within the state will have their orders fulfilled from one of our in-state retail locations and will be charged state tax accordingly.

By arranging for transportation of the alcoholic beverages, BevMo! is providing a service to, and acting on behalf of you. By utilizing this service from BevMo! you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age. If, between the date of order and date of arrival, the laws of your state change so as to make it illegal for you to import your shipment, you may return the order for a full refund.  If your purchase is spoiled, contaminated or otherwise not consumable you may return the product within seven (7) days with a valid receipt for a refund to the original form of payment or, if you prefer, exchange the product.

All returns must be made in accordance with California, Arizona, and/or Washington law and returns across state lines are normally not permitted. In the event of a return from across a state line please contact customer service to make a claim for a refund.

There are two ways to get your product from BevMo.com:

a.    You can pick up your products at our stores; or,

b.    You can ship your products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age)

All orders are shipped out Monday through Friday according to the following schedule:

•   All Orders placed before 4:00 pm (Pacific Standard Time) Monday through Friday will be shipped out the following business day

•   Orders placed on the weekends and major Holidays will be shipped out the next business day

•   Overnight and 2nd Day Air: Orders placed before 9:00 pm (Pacific Standard Time) are shipped the following day. Therefore, if you choose Next Day Air it will leave our shipping facility the following day and arrive at its destination the next day.

•   We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product.

•   If you have particular requests, please note those in the “Special Instructions” box.

Identification will be required for pickup, shipping, and delivery, as follows:

When picking up your product at our stores, you must positively identify yourself as the person who placed the order on the Website. This also includes providing legal proof that you are over 21 years of age (California, Arizona, Washington or other acceptable state’s Driver’s License or Passport). We also require that you produce the credit card used to purchase goods on the Website.

End of BevMo! Terms

Usage. Your use of the Services is subject to all applicable Laws. It is your responsibility to provide the mobile device, wireless service/data plan, software, internet connections and/or other equipment needed, in order to download, install and use the Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the Services via your computer, mobile device or smartphone. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. WE DO NOT GUARANTEE THAT THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. Gopuff reserves the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Gopuff be liable for the removal of or disabling of access to the Services. Gopuff may also impose limits on the use of or access to the App, the Sites or to certain Services, in any case and without notice or liability.

As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Apps (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Gopuff.

License Grant. Subject to the terms, conditions, and limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, Gopuff hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control. This license does not include any resale or commercial use of any Service; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the Apps on a mobile device that you do not own or control and you may not distribute or make the Apps available over a network where it could be used by multiple devices at the same time.

All rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gopuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gopuff's name or trademarks without the express written consent of Gopuff. You may not misuse the Services. You may use the Services only as permitted by Law and this Agreement. The licenses granted by Gopuff terminate automatically if you do not comply with this Agreement.

License Limitations. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Gopuff. Except as specifically permitted herein or expressly authorized in writing by Gopuff, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Gopuff. If you breach these restrictions, you may be subject to prosecution and damages.

Terms of Service. You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from Gopuff; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide your delivery partner with your state issued ID when the delivery arrives that proves that you are the requisite age as applicable, and, if such state issued ID was not issued by the state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the delivery partner; (m) your delivery request may be declined for any reason; and (n) you are aware that a restocking or other cancellation fee (“Restocking Fee”) may be assessed, in accordance with our cancellation policy. Gopuff makes no representation as to any Laws of any jurisdiction regarding the sale, service, transportation or delivery of Products to a customer/consumer, including you. Gopuff shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law. Gopuff explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable Laws.

Fees. Except as otherwise set forth in this Agreement, any fees which Gopuff may charge you for the Services are due immediately. When you initiate a transaction with us, Gopuff’s third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order for any reason. If you cancel your order, you  may be responsible for the cost of the order, plus a Restocking Fee, in accordance with our cancellation policy. More information on our cancellation policy can be found on our FAQ page located at https://www.gopuff.com/e/faq.  

Refunds. Charges paid by you are final and non-refundable, unless otherwise determined by Gopuff. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any charge you incurred, please notify us within 30 days after the Charge took place or Gopuff will have no further responsibility and you waive your right to later dispute the amounts charged.  Any refunds may be issued by Gopuff, in its sole discretion, for any reason.

Promotional Offers. Certain customers may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff.

Account and Password. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Gopuff does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. Alcohol, Tobacco,tobacco-related, and other age-restricted Products are intended for adults. Gopuff reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

No Third Party Beneficiary. By accessing the Services you certify that such access is for your own benefit and information, and that the Products are solely for your own personal use and not for any other Person. “Person” shall include all natural persons, corporations, legal entities, and any of their/its directors, officers, agents, servants, employees, affiliates, subsidiaries, or partners.

Third-Party Materials. The Services may display, include or make available content, data, information, applications or materials from third parties including Products (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Gopuff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Gopuff does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

Indemnification. By entering into this Agreement and using the Services, you agree that you will indemnify, defend and hold harmless Gopuff, and its partners, owners, parent organizations, subsidiaries, and affiliates, and their respective directors, officers, stockholders, agents, servants, employees and attorneys (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs and expenses (including reasonable attorneys' fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (a) your violation or breach of any term of this Agreement or any applicable Law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Services; or (d) any negligence or wrongful act or omission of or by you or anyone acting on your behalf.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY. Gopuff and its partners, owners, subsidiaries, and affiliates, and their respective directors, officers, agents, servants, and employees (the “Gopuff Entities) shall not be held liable for your use of the Services, any purchases using the Services, or any injury alleged to have been caused by either. Gopuff reserves the right to deny the sale and/or delivery of any Product, which it determines may or shall violate applicable Laws.  The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable Laws, nor does it impose an affirmative responsibility on Gopuff to verify your adherence to applicable Laws.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOPUFF HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES OR THE PRODUCTS (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. GOPUFF DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED OR (E) THAT THE APP WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GOPUFF OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL 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. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY GOPUFF ENTITY BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A GOPUFF ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND GOPUFF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. If, for any reason, a court finds Gopuff liable for damages notwithstanding the foregoing, in no event shall the Gopuff Entities’ total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount paid by you to Gopuff for your use or receipt of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that Gopuff would not be willing to perform the Services or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Gopuff to grant you the rights set forth in this Agreement.

Ownership. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other Laws. You acknowledge and agree that Gopuff and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Gopuff’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.

Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Gopuff by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Gopuff or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Gopuff. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Gopuff and Gopuff may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Gopuff any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Gopuff’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

Modifications. We may modify this Agreement at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the end of this Agreement. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Agreement. If you do not agree with the modifications, then please uninstall and do not access or use the Services. You acknowledge and agree that if Gopuff modifies any provision of this Agreement You will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agree that if You opt out of the Arbitration Agreement, and at the time of Your receipt of this Agreement You were bound by an existing agreement to arbitrate disputes arising out of or related to your use of the Services.

Termination. This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or Gopuff terminates this Agreement. Gopuff may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, with or without notice to you, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to access your account(s) or the Services. Upon termination, you will cease all use of the Services and will destroy all copies (full or partial) of the Apps in your possession or control. Termination will not limit any of Gopuff’s other rights or remedies at Law or in equity. This section along with all sections which by their nature should survive any termination or expiration shall survive termination or expiration of this Agreement.

Export Laws. You agree that you will not export or re-export, directly or indirectly the the Services and/or other information or materials provided by Gopuff hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.

Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this Agreement by any authority.

Injunctive Relief. You agree that a breach of this Agreement will cause irreparable injury to Gopuff for which monetary damages would not be an adequate remedy and Gopuff shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at Law without a bond, other security or proof of damages.

DISPUTE RESOLUTION – Mutual Arbitration, No Class Actions; PLEASE READ. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.

Except as otherwise stated in this Arbitration provision, any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding its breach, termination, enforcement, interpretation or validity, or Services, shall be finally settled by arbitration.  This Arbitration Provision shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. This Arbitration Provision is exclusively governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”), and evidences a transaction involving commerce. The Parties further agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Provision, and that the FAA shall apply to any and all claims arising out of or relating to the Agreement.  Such claims include, but are in no way limited to, claims relating to the scope, enforceability, validity, interpretation of, enforcement of, or conscionability of this Arbitration Provision.  Such claims also include, but are in no way limited to, breach of contract, public accommodations, consumer and data protection (including under the Telephone Consumer Protection Act and state equivalents), and other claims arising under federal, state, or local statutory, and/or common law, including, specifically, individual and class claims arising under or related to any federal, state, or local wire tapping laws. If a court of competent jurisdiction determines that the FAA does not apply (it being the Parties’ intent that it will apply), then, and only in that event, will the law of arbitration of the State You last utilized Services apply.  In the event any portion of this Arbitration Provision is deemed unenforceable, it shall be severed from the Arbitration Provision such that the remainder of this Arbitration Provision shall be enforceable to the fullest extent permitted by law.  Regardless of any other terms of this Arbitration Provision or the Agreement, nothing prevents You from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs.  Nothing in this Arbitration Provision or the Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.  This Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to pre-dispute arbitration agreements.  And nothing in this Arbitration Provision or the Agreement prevents You from notifying any state agency, other public prosecutor, law enforcement agency, or any other governmental entity of any alleged violation of law.  To the extent the Parties have both arbitrable and non-arbitrable disputes that are related, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration.

If you do not want to arbitrate disputes with Gopuff and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@gopuff.com within 30 days of the earlier of the day you first access or use the Apps and the day you first receive any of the Services. Before commencing individual arbitration the Parties must engage in a good-faith effort to resolve any claim covered by this Arbitration provision through an informal telephonic dispute resolution conference between the Parties. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either Party intends to commence individual arbitration; multiple users or former multiple users initiating claims may not participate in the same informal telephonic dispute resolution conference. If either Party is represented by counsel, that Party’s counsel may participate in the informal telephonic dispute resolution conference, but the Party must also appear at and participate in the conference. The Party initiating the claim must first send a written notice to Gopuff of its intent to arbitrate (“Notice”). The Notice to Gopuff should be sent by any of the following means: (i) electronic mail to legal@gopuff.com; or (ii) sending the Notice by U.S. Postal Service certified mail to our registered agent Corporation Service Company, 2711 Centreville Road, Suite 400, Wilmington, DE 19808. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. For the avoidance of doubt, service of an as-filed charge or lawsuit does not satisfy this Notice requirement condition precedent to arbitration. If we do not reach an agreement to resolve the claim informally within 30 days after the notice is received, or longer if an extension is mutually agreed upon by the Parties, only then may you or Gopuff commence an arbitration proceeding. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. If either Party disputes whether this condition precedent has been satisfied, such dispute shall be decided by a court of competent jurisdiction and not by any arbitrator. Statutes of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.

Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if this informal telephonic dispute conference fails to fully resolve the dispute, then either Party may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. Gopuff will not initiate arbitration on your behalf. This demand for arbitration must include (1) the name, telephone number, mailing address, and e-mail address of the Party seeking arbitration (if You are seeking arbitration, the e-mail address provided must be the e-mail address associated with your user account); (2) a statement of the specific legal claims being asserted and factual bases of those claims; (3) a description of the remedy sought and an accurate, good faith calculation of the amount in controversy; and (4) the original personal signature of the Party seeking arbitration (a digital, electronic, copied, or facsimile signature is not sufficient).  If the Party is represented by counsel, counsel must also provide an original personal signature on the demand for arbitration (a digital, electronic, copied, or facsimile signature is not sufficient).  By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  Any demand for arbitration by You must be delivered to Gopuff’s registered agent at registered agent Corporation Service Company, 2711 Centreville Road, Suite 400, Wilmington, DE 19808.  If one law firm represents multiple parties concurrently demanding arbitration of related or similar allegations, each arbitration shall be heard by a different Arbitrator and assigned to a different case manager.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Gopuff for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Gopuff will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, ALL CLAIMS AND DISPUTES WITHIN THIS ARBITRATION PROVISION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CURRENT OR FORMER USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CURRENT OR FORMER USER OR OTHER ENTITY. To the maximum extent allowable by law, the Parties mutually agree that by entering into this Arbitration Provision, both Parties waive their right to have any dispute or claim brought, heard, or arbitrated as a class, collective, coordinated, and/or mass action, whether in court or in arbitration, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, coordinated, and/or mass action or to award relief to anyone but the individual in arbitration (“Class Action Waiver”).  The Parties agree that the definition of a “class, collective, coordinated, and/or mass action” includes, but is not limited to, instances in which You are represented by a law firm or collection of law firms that has filed more than 25 arbitration demands of a substantially similar nature against Gopuff within 180 days of the arbitration demand filed on Your behalf, and the law firm or collective of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together.  If more than 25 arbitration demands of a substantially similar nature are filed against Gopuff by the same law firm or collection of law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved in an individual manner.  This Class Action Wavier does not prevent You or Gopuff from participating in a classwide settlement of claims.  Notwithstanding any other clause contained in this Arbitration Provision or the Agreement, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void, voidable, or has been breached, shall be determined only by a court of competent jurisdiction and not by an arbitrator.  In any case in which (1) the dispute is filed as a class, collective, coordinated, and/or mass action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, coordinated, and/or mass action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that remains enforceable shall be enforced in arbitration. Gopuff may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver and seek dismissal of such class, collective, coordinated, and/or mass actions or claims.  The Class Action Waiver shall be severable in any case in which the severance is necessary to ensure that the individual action proceeds in arbitration.

Notwithstanding the foregoing, we also both agree that you or we may bring suit in court for temporary or preliminary injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.

Contact.  If you are having difficulty accessing or navigating the Sites or Apps or have other questions about the Services, please send an e-mail to support@gopuff.com.

Applicable Law, Venue, and Jurisdiction. By using any Service, you agree that the Federal Arbitration Act, applicable federal Law, and the Laws of the State of Delaware, without regard to principles of conflict of Laws, will govern this Agreement and any dispute of any sort that might arise between you and Gopuff.

Miscellaneous. This Agreement may not be modified by you except by a writing executed by the duly-authorized representatives of Gopuff. This Agreement will inure to the benefit of and will be binding upon each party’s successors and assigns. Gopuff’s failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. This Agreement and the licenses granted hereunder may be assigned by Gopuff but may not be assigned by you without the prior express written consent of Gopuff. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of this Agreement but are for convenience only. You and Gopuff agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement. Your use of the Services may also be subject to other local, state, national, or international Laws. You may contact us regarding the Services or this Agreement at: GoBrands, Inc., 537 North 3rd Street, Philadelphia, PA 19123, 855-400-7833, or by email to our customer support team at support@gopuff.com.  You agree that use of our online customer chat functions and phone calls with our customer support team may be monitored and recorded for quality control and training purposes.

This Agreement sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

GOCASH POLICY

By purchasing and/or using GoCash as defined below, you accept the following terms and conditions:

"GoCash," means: (i) loaded value in the form of a Gift Card or “Card” (as defined below and subject to the Gift Card Policy below), and (ii) in other cases, purchase refund value provided to you by Gopuff, at its discretion. 

GoCash may only be redeemed via the Gopuff app.  No portion of GoCash is transferrable to another party.

The value of GoCash in the form of a Card(s) never expires; the value of GoCash provided to you by Gopuff, however, may expire as determined by Gopuff. You will receive notice of any applicable expiration date upon receipt of Gopuff-provided GoCash.  

GoCash is not refundable, returnable, or redeemable for cash except where required by law. Gopuff is not responsible for unauthorized use of GoCash. Gopuff reserves the right to suspend or void GoCash if it suspects that the GoCash was obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement.

GIFT CARD POLICY

The following gift card terms and conditions (the “Card Policy”) apply to the purchase, receipt and use of e-gift cards, digital gift cards, and other gift cards or gift certificates that may be issued by Gopuff (all such cards collectively referred to herein as “Cards”). Your purchase, receipt and use of Cards constitutes your agreement to follow and be bound by this Gift Card Policy. Gopuff reserves the right to change this Card Policy from time to time in its discretion, subject to compliance with all applicable laws. The most current version of this Card Policy will be available on this page and will supersede all previous versions of this Card Policy. Your continued use of a Card is your acceptance of all then-current terms and conditions. Void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.  Use of Cards are further governed by the End-User License and Terms of Service set forth above.

Cards have no expiration date, and you will not be subject to any dormancy fee, transaction fee, or other fees for use or non-use of this card. The Card is not a credit card and cannot be used as one. Cards are assigned a fixed monetary value. Use of the Card is limited to the amount of funds held on the Card and it is your responsibility to know the amount of available funds on your Card at all times. Cards may be redeemed for online purchases on https://www.gopuff.com. Card balances may not be used to purchase other gift cards and cannot be reloaded, resold or transferred for value. For combinations with other offers, restrictions may apply.

Cards are not redeemable for cash, and Cards may not be returned for cash or other refunds, either prior to or subsequent to redemption, except to the extent required by applicable law. Except to the extent required by applicable law, any unused Card balance will otherwise remain in the recipient's Card account and such balances are not transferable. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. If a purchase made with a Card exceeds the amount of the Card, you must pay the balance as otherwise required by Gopuff’s standard terms of sale and Terms and Conditions.

Cards and their use on the Gopuff website are subject to the Gopuff Privacy Policy, which is available at https://legal.gopuff.com/policies/en. For any questions concerning your Card, please contact our Customer Service Help Center at help.gopuff.com. Use of this Card for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.

Cards are subject to verification, and any Card that we believe in our sole discretion to have been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund. We are not responsible for hardware issues related to your device's access to the service so please check with the applicable device maker for compatibility. The use of Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Gopuff is prohibited without prior written approval.

THEFT, DIVERSION, REPRODUCTION, TRANSFER, SALE OR PURCHASE OF ANY GIFT CARD IS PROHIBITED. GOPUFF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT A CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE RISK OF LOSS AND THE TITLE FOR CARDS PASS TO THE PURCHASER UPON OUR PHYSICAL OR ELECTRONIC TRANSMISSION TO THE RECIPIENT, WHICHEVER  IS APPLICABLE. ANY USE OF CARDS FOR UNAUTHORIZED PURPOSES IS STRICTLY PROHIBITED.  GOPUFF IS NOT RESPONSIBLE FOR ANY CARD THAT IS LOST, STOLEN, DESTROYED OR USED WITHOUT YOUR PERMISSION.  IN NO EVENT WILL GOPUFF BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.

FAM SUBSCRIPTION TERMS AND CONDITIONS

Fam Membership Program. The Fam Membership Program, including Student FAM (collectively, “Fam”) is offered as a monthly or yearly subscription that provides (i) free deliveries (no additional delivery fee) on orders, subject to a minimum order amount, placed through the Services (“Free Deliveries”) and (ii) other benefits or offers as may be specified by Gopuff from time-to-time. By signing up for Fam and providing us with your payment account information, you expressly acknowledge and agree that you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then-current applicable fee associated with the Fam subscription.

Membership Term. If you sign up for the monthly Fam subscription, you will be charged your first monthly subscription fee and any applicable taxes, including sales tax, on or about  the date you purchase your subscription or, if your subscription includes a free trial, on or about the day after your free trial ends. Your subscription will automatically continue on a monthly basis, and you will continue to be charged on a monthly basis at the then-current price (including any applicable taxes, which may include sales tax), until you cancel your subscription as described herein or we terminate it. If you sign up for the yearly subscription, you will be charged your first upfront, non-refundable (except as described below) yearly subscription fee and any applicable taxes including sales tax, on or about  the date you purchase your subscription or, if your subscription includes a free trial, on or about the day after your free trial ends. Your subscription will automatically continue on a yearly basis at the then-current price (including any applicable taxes which may include sales tax), and you will continue to be charged on a yearly basis, until you cancel your subscription as described herein or we terminate it. You may cancel your subscription at any time through “Manage Subscription” in your Gopuff account settings. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid yearly or monthly subscription, you will not receive any refund. If you cancel your monthly or yearly subscription, you will be able to use your Fam subscription for the remainder of your pre-paid subscription term.

If your Fam subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial you may be required to provide a credit card in order to ensure uninterrupted access to Fam and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid Fam subscription and your payment method will be charged the applicable fee and any applicable taxes (including sales tax) unless you have canceled your Fam subscription. You may cancel your Fam subscription as described above. You may not receive a notice from us that your free trial has ended or that the paying portion of your Fam subscription has begun.

If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your Fam subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information in the app. You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment of your membership fee. We may cancel your Fam subscription with or without notice if your payment method is invalid for any reason.

We may change the Fam subscription terms or fees at any time, without notice on a going forward basis at our discretion. If the pricing for your subscription increases, we will notify you prior to the increase, and provide you an opportunity to change your subscription or cancel your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change or cancel your subscription before the changes become effective. Your continued use of Fam after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you do not change or cancel the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

We may terminate your subscription for Fam at our discretion and without any notice. If we cancel your yearly subscription for Fam, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that Gopuff will not be obligated to provide you a refund if we terminate your Gopuff account or your Fam subscription because we determine, in our sole discretion, that your actions or your use of the Fam or the Services violates these Terms or has harmed another user.

ClubBev! TERMS & CONDITIONS

GENERAL

The ClubBev! program (“ClubBev!” or the “Program”) is sponsored by Beverages & More, Inc. (“BevMo!”, “we”, “us” or “our”). Membership is voluntary, free and is open to legal residents of the United States (including Puerto Rico) who are 21 years of age or older. No purchase is necessary to become a member. Commercial customers and others purchasing items for resale are not eligible for membership. By becoming a ClubBev! member (“Member”), you (i) represent that you are 21 years of age or older and (ii) agree to the terms of the Agreement and these separate Program Terms and Conditions (these “Terms”). BevMo! reserves the right to refuse membership to any applicant and membership is revocable without cause. A member may cancel his or her membership at any time by contacting BevMo! by phone at 1.877.77.BEVMO (23866).

MEMBERSHIP

You can enroll in ClubBev! by either requesting membership at one of our stores by completing the ClubBev! registration form at the checkout stand or by creating an account online. When you enroll in ClubBev! in-store, you will be provided an identification card containing a member number (collectively “Membership ID”). You may then visit the BevMo! website and create an online profile so that you can access the online benefits of the Program. If you enroll in ClubBev! online, you will not be provided a membership identification card, but you will be provided a membership number at the time of registration. Limit one membership per person and per phone number and email address. Membership is non-transferable. In the event of a dispute over ownership of the Program account, the registration will belong to the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms, the “authorized account holder” for the email address is the natural person who is over the age of 21 and is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event there is no email address associated with the Program account, the registration will belong to the authorized account holder of the phone number submitted at the time of registration. The “authorized account holder” for the phone number is the natural person who is over the age of 21 and is assigned to the phone number by a telecommunications service provider or other organization that is responsible for assigning phone numbers associated with the submitted phone number.

Access and Updating Account Information

When you sign up for a ClubBev! account online, or when you link an account created in-store to an online profile, you will also be able to access information about your ClubBev! points and other information specific to you and the Program through your online account. You are responsible for creating a complex password to protect your online ClubBev! account and for ensuring that you do not share your password with others. To receive all benefits associated with the Program, including receipt of and access to 5% Savings Rewards information, you must fill out the profile information form completely. For information about an individual ClubBev! account or any other Program-related questions or information, contact BevMo! via phone at 1(877)- 77BEVMO (23866). A Member can view his or her ClubBev! activity online at bevmo.com. Each ClubBev! Member is responsible for maintaining accurate and updated personal information in his or her account profile. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (for example, you consent to receiving text messages on your mobile phone number), you are obligated to alert BevMo! of any change in contact information. Please contact BevMo! via phone at 1(877)-77BEVMO (23866) or go online to bevmo.com and update your account. In the event you lose your Membership ID, you may contact BevMo! via phone at 1(877)-77BEVMO (23866). In the event BevMo! cannot locate your prior account information, you will have the option of opening a new Membership account.

Earning Points and Points Expiration

Once you become a ClubBev! Member, when you provide your Membership ID when you shop at BevMo! stores or when shopping online at bevmo.com if you are logged into your ClubBev! account, you will automatically receive one (1) point into your ClubBev! Program account for every $1 spent on any eligible product purchase (a “Qualifying Purchase,” as further described below). Alternatively, if you are shopping at a BevMo! store you may, at your election, use your telephone number to identify yourself as a ClubBev! member. Qualifying Purchases include regular and sale priced merchandise in BevMo! stores and online. Purchases of the following items are not Qualifying Purchases and points will not be earned on them: (a) the amount of purchase covered by the redemption of a 5% Savings Reward; (b) any other coupon or discount voucher; (c) gift cards; (d)sales tax;(e) CRV; (f) deposits and shipping charges; or (g) other excluded charges specified by BevMo! from time to time. Your point total is accumulated each night, with updated progress shown on BevMo.com the following day. Once your spending reaches an increment of $250 (or 250 points), we will send you a 5% Savings Reward as stated below. A maximum of four rewards can be earned per member per week.

POINTS HAVE NO CASH VALUE. POINTS THAT REMAIN ON A MEMBER’S ACCOUNT WILL BE FORFEITED IF THE PROGRAM IS TERMINATED OR THE MEMBER’S ACCOUNT IS TERMINATED OR CLOSED. If you make a Qualifying Purchase and did not provide your Membership ID or telephone number at the time of the purchase, you may request credit for the Qualifying Purchase within 15 days of the purchase by emailing customer service through the form on our website bevmo.com and include the following formation, which is found on your receipt: (a) your name; (b) your phone number and/or ClubBev! account number; (c) store location; (d) transaction date; (e) register number; (f) invoice number; and, (g) total amount of the sale. Once it is confirmed that the purchase was a Qualifying Purchase for which a return did not occur, the appropriate points will be added to your ClubBev! Program account. BevMo! reserves the right to correct inaccurate points represented in your ClubBev! account.

5% Savings Rewards

If you provided BevMo! with your email address, your 5% Savings Rewards will be sent to you at the email address associated with your ClubBev! account approximately one week after they have been earned. However, you are responsible for updating your Program account in the event your email changes and BevMo! will not be held responsible for 5% Savings Rewards sent to an email address you no longer have access to or no longer use. If you have not provided your email address, the 5% Savings Rewards will be mailed to you at the postal address you provided. Please allow up to 14 days for receipt. BevMo! is not responsible for communications, including 5% Savings Reward, lost due to change of address or other contact information, and/or a Member’s failure to keep their account information up to date. 5% Savings Rewards can be used in participating BevMo! stores or at bevmo.com. To redeem your 5% Savings Rewards in store, you must provide your 5% Savings Reward at the time of purchase. To redeem your 5% Savings Reward online you will need to enter the unique identifier on your 5% Savings Reward when completing your checkout process.

5% SAVINGS REWARDS MAY ONLY BE USED ONCE (REWARDS USED IN STORE MUST BE SURRENDERED AT THE TIME OF REDEMPTION), MAY NOT BE USED ON PAST PURCHASES, HAVE NO CASH OR MONETARY VALUE, ARE NOT REDEEMABLE FOR CASH, AND NO CHANGE OR CURRENCY WILL BE GIVEN FOR 5% SAVINGS REWARD REDEMPTION. WE WILL NOT RETURN OR REISSUE TO YOU ANY 5% SAVINGS REWARD YOU USED TO PURCHASE A PRODUCT, OR ADD POINTS TO YOUR CLUBBEV! IF OR WHEN YOU RETURN THE PRODUCT TO US. THIS IS BECAUSE 5% SAVINGS REWARDS HAVE NO CASH VALUE AND CAN BE USED ONLY ONCE. UNLESS OTHERWISE NOTED ON THE 5% SAVINGS REWARD, EACH 5% SAVINGS REWARD WILL EXPIRE ON THE EXPIRATION DATE SHOWN ON THE 5% SAVINGS REWARD (WHICH WILL BE APPROXIMATELY90 DAYS FROM THE ISSUANCE DATE -- NOT THE DATE THE 5% SAVINGS REWARD IS RECEIVED BY THE MEMBER) AND EXPIRE AT 11:59 PM PACIFIC TIME ON THE EXPIRATION DATE SHOWN ON 5% SAVINGS REWARD.

No photocopies or facsimiles of 5% Savings Rewards will be accepted. Lost, stolen, or expired 5% Savings Rewards may be replaced in the sole discretion of BevMo!. The 5% Savings Reward is not valid with any other offers or employee discounts. Also, the 5% Savings Reward is not applicable on purchases of gift cards. Taxes and CRV not included. Additional exclusions and limitations may be specified on the 5% Savings Reward at the discretion of BevMo!. Members may be notified of additional eligible and ineligible products at the point of redemption.