Terms of Service

Effective March 18, 2020

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEB SITE, OUR ANDROID OR OUR IOS APPLICATION (collectively, our "Site").

These Terms of Service, together with the UES NYC Privacy Policy (the "Privacy Policy") incorporated herein by reference (collectively with the Terms of Service, the “Agreement”) is an agreement between you and LLJ Inc. d/b/a The UES NYC Cocktail Ala Mode ("UES NYC Cocktail Ala Mode") that states the terms and conditions under which you may use the Site and receive UES Cocktail Ala Mode service, which includes providing a marketing and technology platform for product orders (the "UES NYC Cocktail Ala Mode"). Your use of the UES NYC Cocktail Ala Mode Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the UES NYC Cocktail Ala Mode Service.

I. Applicability & Acceptance of These Terms of Service

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Service and the Privacy Policy as a binding legal agreement between you and UES NYC Cocktail Ala Mode Delivery, without limitation or qualification. The term "you" or "user" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. You further confirm that you are at least 21 years of age and that you will provide photo identification upon delivery to verify your age.

If you do not agree to these Terms of Service and the Privacy Policy, then you may not use the Site. UES NYC Cocktail Ala Mode Delivery reserves the right to modify these Terms of Service at any time without prior notice.

You agree that each visit you make to the Site shall be subject to the then-current Terms of Service and Privacy Policy, and continued use of the Site now or following modifications in these Terms of Service and Privacy Policy confirms that you have read, accepted, and agreed to be bound by such modifications.

II. Processing Information

UES NYC Cocktail Ala Mode provides a market service, and a market service only, for our liquor store partners (each, a "Delivery Agent"), through which all orders and purchases are processed. At time of purchase, your credit card will be charged by a third party credit card processing provider who will transfer and deliver funds to the Delivery Agent. All credit card transactions will be listed as UES NYC Cocktail Ala Mode DELIVERY.

In processing any alcoholic beverage order(s), neither UES NYC Cocktail Ala Mode Delivery nor any officer, director, employee, shareholder or agent of UES NYC Cocktail Ala Mode Delivery shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.

User shall indemnify and hold harmless UES NYC Cocktail Ala Mode Delivery and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, delivery agents, merchants, or licensors (collectively, " UES NYC Cocktail Ala Mode Delivery Parties") from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to User’s improper or illegal: (a) processing of the alcoholic beverage order; (b) purchase of the alcoholic beverage(s); (c) receipt of delivery of the alcoholic beverage(s); or (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.

III. Alcohol Delivery Rules and Restrictions

PURCHASE OF ALCOHOLIC BEVERAGES.

By completing a purchase through the Site, the User agrees that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages.

All deliveries of alcoholic beverages MUST be signed for by an individual capable of proving he or she is 21 years of age or older. The order signee must provide a valid form of photo identification at time of delivery.

Alcoholic beverage delivery can be accepted by a building attendant (doorman). Building attendants accepting delivery in this way must be at least 21 years of age and must sign for and take charge of the delivery contents immediately.

Alcoholic beverages cannot be dropped off or left unattended for any reason. If a building attendant has signed for alcoholic beverages, the Delivery Agent must leave those beverages with the building attendant.

If no person at the delivery address is at least 21 years of age and/or cannot provide valid photo identification of his or her age, the Delivery Agent will not render services. All products will be cleared from the order and returned to their local vendor(s), and a $20 return-delivery fee will be charged to the User’s credit card account. No refunds will be issued under this circumstance.

The Delivery Agent reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons.

DELIVERY OF PRODUCTS.

The Delivery Agent will make every attempt to complete the User’s order in one delivery, but please note large orders may have to be completed in multiple deliveries.

FAILED DELIVERY OF PRODUCTS

In the case of a failed delivery, due to incorrect order information or failure to accept the delivery at the time the Delivery Agent is present, the order may be subject to a $5 redelivery fee or $20 cancellation fee.

ORDER CANCELLATION AND REFUNDS.

If an order needs to be canceled, please call our customer service team at (646) 559-5889 immediately. Please note: orders are processed for delivery as soon as possible to meet UES NYC Cocktail Ala Mode Delivery’s 60 minute delivery window. Due to these circumstances, neither UES NYC Cocktail Ala Mode Delivery nor the Delivery Agent can guarantee the availability of changes or cancellation to any order once it has been placed. Cancelled orders may be subject to a $20 delivery and restocking fee. Neither UES NYC Cocktail Ala Mode Delivery nor the Delivery Agent, will make any refunds or exchanges for orders that were delivered and signed for.

IV. Government Warning

ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of twenty-one years; or any visibly intoxicated person.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

V. FDA Disclosure

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.

VI. User License

SCOPE. UES NYC Cocktail Ala Mode Delivery grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download, email, share via social networking or print individual pages from the Site in accordance with this Agreement and solely for the purpose of placing an order with UES NYC Cocktail Ala Mode Delivery and for your personal and non-commercial use of the UES NYC Cocktail Ala Mode Delivery Service, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not misuse the UES NYC Cocktail Ala Mode Delivery Service. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by UES NYC Cocktail Ala Mode Delivery, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from UES NYC Cocktail Ala Mode Delivery. You may like or follow UES NYC Cocktail Ala Mode Delivery or share links to the Site via social networking technology referenced on the Site. The licenses granted by UES NYC Cocktail Ala Mode Delivery terminate if you do not comply with this Agreement. UES NYC Cocktail Ala Mode Delivery reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

USER CONDUCT. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:

· to comply with US law and local laws or rules regarding online conduct and acceptable material;

· not to use the Site to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;

· by using this site, the User swears and affirms that he or she is over the age of 21. UES NYC Cocktail Ala Mode Delivery reserves the right to prosecute to the fullest extent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use UES NYC Cocktail Ala Mode Delivery to provide alcohol to a person under the age of 21. UES NYC Cocktail Ala Mode Delivery makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21.

· not to access the Site or services using a third-party's account/registration without the express consent of the account holder;

· not to use the Site for illegal purposes;

· not to commit any acts of infringement on the Site or with respect to content on the Site;

· not to use the Site to engage in commercial activities apart from sanctioned use of UES NYC Cocktail Ala Mode Delivery services;

· not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;

· not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;

· not to copy, publish, advertise or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers. We retain the right to deactivate or invalidate any promo code at any time in our discretion;

· not to attempt to gain unauthorized access to other computer systems from or through the Site;

· not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site;

· not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

· not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).

HARM FROM COMMERCIAL USE. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that UES NYC Cocktail Ala Mode Delivery will be entitled to temporary and permanent injunctive relief to prohibit such use.

PROPRIETARY RIGHTS. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of UES NYC Cocktail Ala Mode Delivery. All Site content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to, UES NYC Cocktail Ala Mode Delivery.

VII. Termination and Modifications to the Site

UES NYC Cocktail Ala Mode Delivery reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site' features, look and feel, and functional elements and related services.

VIII. Access to the UES NYC Cocktail Ala Mode Service

You acknowledge that from time to time the UES NYC Cocktail Ala Mode Delivery Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs with UES NYC Cocktail Ala Mode Delivery may undertake from time to time; or (iii) causes beyond the control of UES NYC Cocktail Ala Mode Delivery or which are not reasonably foreseeable by UES NYC Cocktail Ala Mode Delivery.

IX. Warranty Disclaimer; Limitation of Liability; Indemnification

THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. UES NYC COCKTAIL ALA MODE DELIVERY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE.

UES NYC COCKTAIL ALA MODE DELIVERY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. UES NYC COCKTAIL ALA MODE DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICES. UES NYC COCKTAIL ALA MODE DELIVERY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, UES NYC COCKTAIL ALA MODE DELIVERY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, DELIVERY AGENTS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "UES NYC COCKTAIL ALA MODE DELIVERY PARTIES") (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE OR THE UES NYC COCKTAIL ALA MODE DELIVERY SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

UES NYC COCKTAIL ALA MODE DELIVERY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

The material in the Site is provided for lawful purposes only. UES NYC Cocktail Ala Mode Delivery operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify, and hold UES NYC Cocktail Ala Mode Delivery Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

X. Your account, password, and security

Use of Site services requires that you register and/or create an account ("Account") or use the Site as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Site's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UES NYC Cocktail Ala Mode Delivery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UES NYC Cocktail Ala Mode Delivery has the right to refuse any and all current or future use of the Site (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify UES NYC Cocktail Ala Mode Delivery of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. UES NYC Cocktail Ala Mode Delivery will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

XI. Links

As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services from businesses that are not owned or operated by UES NYC Cocktail Ala Mode Delivery. UES NYC Cocktail Ala Mode Delivery has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. UES NYC Cocktail Ala Mode Delivery makes no representations or warranties of any kind, express or implied, regarding such products, information or services received from such third-party websites. References to products or services within any such third-party website pages do not constitute or imply an endorsement by UES NYC Cocktail Ala Mode Delivery.

XII. Trademarks

"UES NYC Cocktail Ala Mode Delivery", all UES NYC Cocktail Ala Mode Delivery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of UES NYC Cocktail Ala Mode Delivery or otherwise proprietary to UES NYC Cocktail Ala Mode Delivery and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by UES NYC Cocktail Ala Mode Delivery (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UES NYC Cocktail Ala Mode Delivery or its affiliates and you do not acquire any ownership rights in such marks, logos or names by using this Site of the UES NYC Cocktail Ala Mode Delivery Service.

These services are not affiliated with the UES NYC COCKTAIL ALA MODE restaurant or Jose Andres.

XIII. Consideration

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

XIV. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by UES NYC Cocktail Ala Mode Delivery in the State of New York, U.S.A. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. UES NYC Cocktail Ala Mode Delivery makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with this Agreement, or services available on or through the Site must be filed in a federal or state court located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

XV. General

ENTIRE AGREEMENT. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Site, these Terms of Service and our Privacy Policy constitute the entire agreement between you and UES NYC Cocktail Ala Mode Delivery, superseding all prior agreements regarding the Site.

NO WAIVER. The failure of UES NYC Cocktail Ala Mode Delivery to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

HEADINGS & CONSTRUCTION. The section titles in the Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

CONTACT UES NYC COCKTAIL ALA MODE DELIVERY. For purposes of providing notice of cancellation or termination of an account, contact us at: (646) 559-5889.