Terms And Conditions
TERMS AND CONDITIONS
Permitted Use of the Site
You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content. You may use such downloads/print copies only for your own personal use, and you may not remove the copyright and/or other proprietary notices located on any such content.
Your use of the Site must be in accordance with all applicable laws. Your use of the Site is your acknowledgement that you do not acquire any ownership rights in the Site or any portions of its content.
Restrictions on Access to and Use of the Site
DrankUSA does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, web robots, web-scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things, in connection with the Site is prohibited.
In your use of the Site, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided through the Site.
DrankUSA reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.
Copyrights, Trademarks and Other Proprietary Rights
The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to DrankUSA. All trademarks, service marks and trade names are owned by DrankUSA or other respective owners.
DrankUSA has no control over third parties or any links they provide to the Site. If a third party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by DrankUSA, or by any group or individual affiliated with DrankUSA. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame or otherwise incorporate the content or other materials on the Site.
Please note that any unsolicited personal, confidential or proprietary information or material sent to DrankUSA through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending DrankUSA any such information or material, you grant DrankUSA an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information. You also agree that DrankUSA is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Disclaimer of Warranty; Limitation of Liability
THE SITE IS PROVIDED BY DRANKUSA ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRANKUSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRANKUSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DRANKUSA DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.
DRANKUSA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DRANKUSA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THERE ARE DIFFERENT TERMS IN THE TERMS AND CONDITIONS OF SALE, BELOW.
Use Outside the United States
This Site is controlled, operated, and administered by DrankUSA from its offices within the State of Texas, United States of America. DrankUSA makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.
Just as DrankUSA requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, DrankUSA respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please contact us.
© 2020 DrankUSA. All rights reserved.
TERMS & CONDITIONS OF SALE
IMPORTANT NOTICE: DRANKUSA IS WILLING TO SELL PRODUCTS TO YOU VIA THIS SITE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS OF SALE.
BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, DRANKUSA IS UNWILLING TO SELL PRODUCTS TO YOU VIA THIS SITE AND YOU SHOULD NOT PURCHASE PRODUCTS THROUGH THIS SITE.
These Terms and Conditions of Sale are a legal agreement between you, either an individual or authorized representative of a legal entity ("you" or "your"), and SPFM, LP dba DrankUSA ("Drank") applying to the products ("Products") purchased by you through the site (www.drankusa.com) ("Site").
DrankUSA reserves the right, in its sole discretion, to change these Terms and Conditions of Sale at any time. Therefore, we recommend that you read these terms carefully each time you use this Web site. By making purchases via the Site, you agree to be bound by the Terms and Conditions of Sale posted on the Site at the time of the sale.
Registration, Password and Security
You can purchase our product as a guest, or register your information for future purchases by completing DrankUSA's registration process. As part of the registration process you must provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account, and for any and all activities that occur under your account. You agree to notify DrankUSA immediately of any unauthorized use of your account or any other breach of security. DrankUSA will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you could be held liable for losses incurred by DrankUSA or a third party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
After selecting products to your cart you can check out as a guest or you can complete the registration process. You may then submit an order to us for Products pursuant to the order procedure set forth on the Site. By submitting an order via the Site, you offer to purchase the Products you select and submit to DrankUSA pursuant to these Terms and Conditions of Sale. DrankUSA reserves the right to refuse service, reject orders, terminate accounts, remove or edit content, or cancel orders in its sole discretion. All Products purchased hereunder are subject to these Terms and Conditions of Sale.
Price and Payment
Unless otherwise specified on the Site, DrankUSA’s price for the Products is set forth on the Site, however, such prices may not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that DrankUSA may be required to collect or pay upon the sale or delivery of the Products purchased hereunder. Prices are, and all payments shall be made, in U.S. dollars.
If a Product is quoted at an incorrect price due to typographical error or error in pricing information: (a) DrankUSA has the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if DrankUSA has confirmed the receipt of your order and charged your credit or debit card; and (b) if DrankUSA has charged your credit or debit card but subsequently canceled your order, DrankUSA will promptly issue a credit to your credit or debit card account for the amount charged.
All payments will be made via credit or debit card at the time you make your purchase. You agree to pay the amount specified, including any applicable sales or other taxes, and shipping and handling charges. No discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction.
This Site is controlled, operated, and administered by DrankUSA from its offices within the State of Texas, United States of America. DrankUSA will ship Products ordered via the Site to addresses outside the United States of America, but will not make sales to customers who use non-U.S. credit or debit cards via the Site.
DrankUSA shall deliver the Products to the location set forth in your order within the United States of America. Risk of loss and title to the Products remains with DrankUSA until the Products are delivered to the location you specified in the order. Thereafter, you assume the risk. You must inform DrankUSA within 10 days of receipt of your order if you believe any part of your purchase is missing, damaged or incorrect. International customers assume the risk of loss and title to the Products upon delivery from DrankUSA.
Intellectual Property Rights
You acknowledge that DrankUSA retains all right, title and interest in all intellectual property rights in and to the Products.
Limited Warranties, Exclusive Remedies, Disclaimers, Limitations on Liability
DrankUSA's limited warranties and exclusive remedies for some Products are located here, Our Return Policy, which terms form part of these Terms and Conditions of Sale.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS ARE SOLD ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES AT ALL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRANKUSA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (OR IF DISCLAIMING IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, DRANKUSA EXPRESSLY LIMITS THE DURATION OF ALL OTHER WARRANTIES TO THIRTY DAYS FROM RECEIPT OF THE APPLICABLE PRODUCT), WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you, and you may also have other rights which vary from state to state.
IN NO EVENT SHALL DRANKUSA BE LIABLE FOR DAMAGES ARISING AS A RESULT OF ANY DELAY BY DRANKUSA UNDER THESE TERMS AND CONDITIONS OF SALE. IN NO EVENT SHALL DRANKUSA BE LIABLE, AS A RESULT OF SELLING A PRODUCT HEREUNDER OR UNDER THESE TERMS AND CONDITIONS OF SALE, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER DRANKUSA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. DRANKUSA'S AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS AND CONDITIONS OF SALE WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other rights which vary from state to state.
At DrankUSA we believe strongly in our products and their performance. If an item has not met your expectations, you can send it back. We also guarantee the product selection advice offered through our catalog, website, and staff. If an item you’ve purchased based on this advice turns out to be unsuitable, you can send it back. In either case, simply return the item for exchange, refund, repair, or credit.
If you have any questions about our guarantee or require a return, please email us on our Contact Page or give us a call at 1-800-678-7841. Our office hours are 8am-5pm, CST, Monday through Friday. Within the US: Returned items must be sent via prepaid Regular US Mail with delivery confirmation. Ensuring your return allows you to track your parcel with the US Postal Service. Please Note: We cannot accept CODs or courier deliveries. Outside the US: Please contact our customer service department for shipping instructions and always ship goods prepaid. To avoid unnecessary delays, please write “U.S. Goods returning” on the outside of the package. If you are requesting an exchange, please remember to include sufficient payment for the return postage. Where applicable, please contact your local customs office for information about any taxes or duties that may be assessed on a return shipment. Please note: Our Processing Center cannot accept returns in person. Mail returns to DrankUSA, 4310 West Ave. San Antonio, TX 78213. For further return information, or for warranty information, please go to www.DrankUSA.com or contact us via email.
You agree to indemnify DrankUSA and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the Products, including but not limited to your violation of these Terms and Conditions of Sale.
DrankUSA will not be liable for performance delays or non-performance due to causes beyond DrankUSA’s reasonable control, including due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or unforeseen circumstances. These Terms and Conditions of Sale and the details on the order form for the Products constitute the final, complete, exclusive and entire agreement between you and DrankUSA with respect to your purchase of Products hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The parties expressly reject the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms and Conditions of Sale. The failure of either party at any time to enforce any provision of these Terms and Conditions of Sale shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions of Sale shall be held to be unenforceable, the remaining portions of these Terms and Conditions of Sale shall remain in full force and effect.
These Terms and Conditions of Sale shall be governed by, and construed and enforced in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non convenient. Process may be served on you in the manner authorized by applicable law or court rule.
If you have any questions regarding these Terms and Conditions of Sale, please contact us.