Membership Terms and Conditions

IRS Cocktails Membership Agreement

Last updated July 16, 2020

GENERAL

At IRS Cocktails, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and IRS Cocktails, Inc., and agents (collectively, “IRS Cocktails,” “we,” or “us”) with respect to the solicitation and/or provision of any services or goods to you by IRS Cocktails, including but not limited to your membership in the IRS Cocktails membership program. If you do not agree to these Terms, please do not use or access any IRS Cocktails owned website, micro-site, or social media pages or accounts (collectively, “IRS Cocktails Sites”), any IRS Cocktails-owned mobile applications (collectively, the “Applications”), or any services available on such platforms (together with the IRS Cocktails Sites and the Applications, the “Services”) for any purpose. Additional policies, terms, and conditions applicable to certain IRS Cocktails Services, specific areas of certain IRS Cocktails Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain IRS Cocktails Sites or Applications and, together with these Terms, govern your use of those areas. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the IRS Cocktails Sites or Applications will be controlling with respect to those particular areas. IRS Cocktails reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on IRS Cocktails Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on IRS Cocktails Sites, Applications or any other website in regards to IRS Cocktails, or while contacting any of our Member Services team, will not be tolerated.

You must be at least 21 years of age to use IRS Cocktails sites and purchase alcohol through IRS Cocktails Services. A valid government-issued ID may be required upon delivery.

You understand and agree that IRS Cocktails provides promotional and marketing services related to the sale of alcoholic beverages by licensed sellers, and that IRS Cocktails does not manufacture, distill, bottle, distribute or deliver alcoholic beverages on behalf of its own account. Instead, IRS Cocktails directs and oversees the placement of your order for alcoholic beverages to a licensed seller, who fills the order and delivers it to you. You understand and agree that IRS Cocktails is not a distilled spirits manufacturer or a distilled spirits manufacturer’s agent, does not hold itself out as such, and does not perform activities for which an alcoholic beverage license is required.

PRIVACY

Your use of the IRS Cocktails Sites, Applications and Services is subject to our Privacy Notice located at https://www.irscocktails.com/pages/privacy-policy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by IRS Cocktails.

YOUR ACCOUNT

Registration. If you wish to utilize IRS Cocktails Services, you agree to complete the initial registration process according to the requirements stated on the applicable IRS Cocktails Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through IRS Cocktails, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to IRS Cocktails that your use of a payment card in connection with any purchase you make on or through IRS Cocktails Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify IRS Cocktails if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize IRS Cocktails to charge such amount to your payment card at that time.

All alcohol listings are intended for individuals who are 21 years of age or older. IRS Cocktails reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

IRS COCKTAILS MEMBERSHIP PROGRAM

You may become an IRS Cocktails Member by providing the requested registration information and submitting it to IRS Cocktails through the IRS Cocktails Sites or Applications. By becoming a Member and placing an order, you agree to receive the described quantity of cocktail beverages from IRS Cocktails once a month until you cancel your membership. You may suspend or cancel your membership any time. A shipping charge may apply based on the order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize IRS Cocktails to charge your credit card (including shipping and any applicable tax) for each monthly IRS Cocktails Membership cocktail beverage shipment. Please notify us at least 5 days prior to any shipment to update your account information, payment method, change your address, or to cancel your membership.

CUSTOM COCKTAILS

Member is entitled to a one (1) hour consultation with mixologist to determine cocktail concept and vision for the associated label. Member will be entitled to no more than two (2) revisions of the cocktail once a sample has been provided. Member will be entitled to no more than two (2) revisions of the label’s graphic design, provided that the label must fit within established IRS Cocktail branding guidelines provided during the initial consultation. A revision, as stated above, is defined as a minor variation of the cocktail and/or graphic design, and not a “re-imagining” or repeating of the process outlined above. IRS Cocktails shall retain exclusive rights, privileges, licenses, intellectual property and final determining creative authority with respect to any cocktails, labeling and/or branding created during or derived from this process.

IRS COCKTAILS À LA CARTE ORDERS

You may order cocktail beverage from IRS Cocktails on an à la carte basis by providing the requested information and submitting your order to IRS Cocktails through the IRS Cocktails à la carte page. A shipping charge will apply based on the size of your order. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize IRS Cocktails to charge your credit card (including shipping and any applicable tax) for your à la carte cocktail beverage shipment. Please notify us at least 5 days prior to any shipment to update your account information, payment method, change your address, or to cancel your order.

IRS COCKTAILS' COMMITMENT TO QUALITY

If you are dissatisfied with your IRS Cocktails purchase for any reason, please contact IRS Cocktails Member Services at (760) 348-8344 between 10:00 a.m. and 6:00 p.m. Pacific Time, Monday through Friday, or via the ‘Contact’ page located at www.irscocktails.com, so we can try to resolve your concerns. We may make arrangements for a return or re-ship, if appropriate and at our sole discretion. As a condition of providing you a refund or re-ship, we may require you to return the product to IRS Cocktails. Subject to the conditions set forth here, IRS Cocktails will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. IRS Cocktails Gifts are nonrefundable.

RISK OF LOSS

All items purchased from IRS Cocktails are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser/recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, IRS Cocktails (in its sole discretion) may issue a replacement for the balance shown in its records. IRS Cocktails is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

RESTOCKING AND RESHIPMENT FEES

Orders returned to IRS Cocktails may be subject to a reasonable restocking fee. IRS Cocktails reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

DISCLAIMER OF WARRANTIES

THE IRS COCKTAILS SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE IRS COCKTAILS SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND IRS COCKTAILS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER IRS COCKTAILS NOR ANY PERSON ASSOCIATED WITH IRS COCKTAILS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE IRS COCKTAILS SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER IRS COCKTAILS NOR ANYONE ASSOCIATED WITH IRS COCKTAILS REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE IRS COCKTAILS SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LIMITATION OF LIABILITY

IN NO EVENT WILL IRS COCKTAILS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE IRS COCKTAILS SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND IRS COCKTAILS’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless IRS Cocktails and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of IRS Cocktails Sites, Applications or Services.

TRADEMARKS

The trademarks and service marks displayed on the IRS Cocktails Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of IRS Cocktails and its licensors. For a list of IRS Cocktails trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any IRS Cocktails Sites, Applications and Services are trademarks, service marks or trade dress of IRS Cocktails in the U.S. and other countries. IRS Cocktails’ trademarks, service marks and trade dress may not be used in connection with any product or service that is not authorized by IRS Cocktails, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IRS Cocktails. All other trademarks not owned by IRS Cocktails that appear in any IRS Cocktails Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IRS Cocktails.

All content included on or made available through any IRS Cocktails Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of IRS Cocktails or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any IRS Cocktails Sites, Applications and Services is the exclusive property of IRS Cocktails and protected by U.S. and international copyright laws.

SUBMITTED MATERIALS AND IDEAS

While we appreciate your interest in IRS Cocktails and our business, IRS Cocktails does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of IRS Cocktails might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on IRS Cocktails Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

LINKS TO THIRD-PARTY WEBSITES

IRS Cocktails Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. IRS Cocktails has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the IRS Cocktails Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

DISPUTE RESOLUTION

Mediation Of Disputes. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, the IRS Cocktails Sites, the Services, or any resulting transaction, through JAMS Mediation (or any other mediation provider or service mutually agreed by all Parties) before resorting to arbitration or court action. Mediation shall consist of at least five (5) hours of mediation time. Either party may commence mediation by providing JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings, which shall take place in San Diego County, California, USA. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

At no time prior to the completion of five (5) hours of mediation shall either side initiate arbitration or litigation except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to mediate after a request has been made.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable solely as a result of its use in the mediation. Notwithstanding any other provision of these Terms, any written settlement agreement signed by the parties shall be admissible in court for the purposes of interpreting or enforcing its terms, whether or not it was the product of mediation.

If, for any dispute or claim to which this paragraph applies, any Party (i) commences litigation or arbitration without first attempting to resolve the matter through mediation, or (ii) before commencement of litigation or arbitration, refuses to mediate after a request has been made, then that Party shall not be entitled to recover prevailing party attorney fees even if they would otherwise be available to that Party in any such action.

Class Action Waiver And Arbitration. Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of the Company's Site or Service that is not resolved through mediation will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Company or Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains 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 party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these or any prior Terms of Use were adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms of Use. This agreement to arbitrate expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and s hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Company agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND COMPANY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in San Diego County, California, USA, or any other location we mutually agree to. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Company on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at arbitrationoptout@IRS Cocktails.com and providing the requested information as follows: (1) your name, (2) your mailing address, (3) your mobile phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. To be effective, this opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions. Late opt-out statements will have no force or effect.

Further, unless we both agree otherwise, the arbitrator(s) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator(s) may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.

PREVAILING PARTY ATTORNEYS’ FEES.

If any arbitration or action in any court is brought to enforce or interpret the terms of this Agreement, or to recover damages for breach of this Agreement, regardless of whether the claim arises out of breach of contract, tort, or any other legal theory or form of action, the prevailing party in such arbitration or action shall be entitled to recover their reasonable attorney fees, as well as costs and disbursements (including expert witness fees), in addition to any other relief to which the prevailing party may be entitled.

GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any IRS Cocktails Sites, Applications or Services, or any products sold or distributed by IRS Cocktails or through IRS Cocktails Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Unless you and IRS Cocktails agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any IRS Cocktails Sites, Applications or Services, or any products sold or distributed by IRS Cocktails or through IRS Cocktails Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in San Diego, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No Implied Waiver. The failure of any party hereto to insist, in any one or more instances, on the performance of any of the obligations required by the other shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.

Severability. If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation

UNITED STATES ONLY

Unless otherwise specified, the IRS Cocktails Services are presented solely for the purpose of promoting products and services available in the United States. IRS Cocktails makes no representation that the IRS Cocktails Services are appropriate or available for use in other locations. If you access IRS Cocktails Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

ENTIRE AGREEMENT

These Terms, together with our website Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and IRS Cocktails with respect to the IRS Cocktails Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

MODIFICATIONS

IRS Cocktails reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the IRS Cocktails Referral Program, at any time. If IRS Cocktails makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at irscocktails.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at (760) 348-8344 between 10:00 a.m. and 6:00 p.m. Pacific Time, Monday through Friday, or via the ‘Contact’ page located at www.IRScocktails.com. If you choose to continue using the IRS Cocktails Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

The date these Terms were last updated is set forth at the top of this page.

CONTACT INFORMATION

If you have questions or comments about these Terms or the IRS Cocktails Sites, Applications or Services, please write, phone or email us via the contact information listed on the ‘Contact’ page.