CONDITIONS OF USE
Thank you for visiting the website of Klink Technologies, Inc. ("Klink"), the convenient, safe and responsible way to purchase alcohol beverages for direct delivery to your location. We provide online features and related services to you when you: (i) visit or shop at klinkdelivery.com, (ii) utilize Klink's applications for smartphones and similar mobile technology platforms, or (iii) use software provided by Klink in connection with the services we provide for facilitating the safe, convenient and responsible sale of alcohol beverages (collectively, the “Klink Services"). Klink provides the Klink Services subject to the conditions listed below (the “Conditions of Use”).
By using Klink Services, you agree to these Conditions of Use. Please read them carefully.
ACKNOWLEDGMENTS Klink promotes the sale and delivery of alcohol beverages by duly licensed retail merchants. Alcohol beverages are a heavily-regulated commodity. Consequently, as a condition of accessing the Klink Website and using the Klink Services, you expressly and affirmatively acknowledge and agree to the following:
KLINK DOES NOT SELL ALCOHOL BEVERAGES OR PROVIDE DELIVERY SERVICES, AND KLINK IS NOT A TRANSPORTATION CARRIER. ALL SALES AND DELIVERIES OF ALCOHOL BEVERAGES ARE MADE BY DULY LICENSED, PARTICIPATING RETAIL MERCHANTS.
KLINK OFFERS INFORMATION AND A METHOD TO CONNECT DULY LICENSED, PARTICIPATING RETAIL MERCHANTS TO YOU AND OTHER LAWFUL CUSTOMERS SEEKING TO PURCHASE ALCOHOL BEVERAGES; KLINK DOES NOT, AND DOES NOT INTEND TO, MAKE SALES OF ALCOHOL BEVERAGES, PROVIDE DELIVERY SERVICES FOR SUCH PURCHASES, OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER.
EACH PARTICIPATING RETAILER IS THE SELLER OF RECORD FOR THE PARTICULAR PRODUCTS IT PROMOTES VIA THE KLINK WEBSITE AND THE KLINK SERVICES, AND SELLS TO YOU AND OTHER CONSUMERS. KLINK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SALE OF ALCOHOL BEVERAGES OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY PARTICIPATING RETAIL MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR OTHER THIRD PARTY.
KLINK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF ANY PARTICIPATING RETAIL MERCHANT, OR ANY COMMON CARRIER OR DELIVERY AGENT UTILIZED BY SAID MERCHANT, TO EFFECT THE DELIVERY OF PRODUCTS SOLD OR PROVIDED BY ANY PARTICIPATING RETAIL MERCHANTS TO YOU OR ANY OTHER CUSTOMER OR OTHER THIRD PARTY.
KLINK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF YOU OR ANY CUSTOMER THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL BEVERAGES PROMOTED BY OR ACQUIRED THROUGH THE KLINK SERVICE.
YOU WILL NOT USE THE KLINK SERVICES UNLESS YOU ARE 21 YEARS OF AGE OR OLDER, AND YOU WILL NOT FURNISH ALCOHOL BEVERAGES OBTAINED THROUGH THE KLINK SERVICE TO ANY PERSON WHO IS NOT A LAWFUL CONSUMER, i.e., SOMEONE WHO IS EITHER (i) UNDER 21 YEARS OF AGE, OR (ii) OBVIOUSLY INTOXICATED, APPARENTLY INTOXICATED, OR KNOWN TO BE A HABITUAL DRUNKARD WITHIN THE MEANING OF THE LAWS GOVERNING THE STATE IN WHICH YOU RESIDE.
PRIVACY Please review our Privacy Notice, which also governs your use of Klink Services, to understand our practices. You can access our Privacy Notice by clicking here.
ELECTRONIC COMMUNICATIONS When you use any Klink Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, texting or by posting notices on this site or through the other Klink Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included in or made available through any Klink Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Klink 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 Klink Service is the exclusive property of Klink and protected by United States and international copyright laws.
TRADEMARKS A non-exhaustive list of Klink's trademarks, trade dress and other intellectual property can be accessed by clicking here. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Klink Service (“Klink's Intellectual Property”) each and all are trademarks or trade dress of Klink in the United States. Klink's Intellectual Property may not be used in connection with any product or service that does not belong to, or is not controlled by, Klink. Nor can Klink's Intellectual Property be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Klink. All other trademarks not owned by Klink that appear in any Klink Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Klink.
PATENTS One or more patents that may be owned by Klink may apply to the Klink Services and to the features and services accessible via the Klink Services. Portions of the Klink Services operate under license of one or more patents. You can access a non-exhaustive list of applicable Klink patents and applicable licensed patents used by Klink by clicking here.
LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Klink or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Klink Services. This license does not include any resale or commercial use of any Klink Service, or its contents; any collection and use of any product listings, descriptions, or prices associated with any good furnished or service provided by any participating retail merchant; any derivative use of any Klink Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or other service terms issued by Klink are reserved and retained by Klink or its licensors, suppliers, publishers, rights holders, or other content providers. No Klink Service, nor any part of any Klink Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Klink. 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 Klink without Klink's express written consent. You may not use any meta tags or any other "hidden text" utilizing Klink's name or trademarks without the express written consent of Klink.
Equally important, all goods and services promoted by Klink and sold by participating retail merchants must be purchased, received and consumed responsibly. You may not misuse the Klink Services. You may use the Klink Services only as permitted by law. This includes the following specific responsibilities:
You must be 21 year of age or older to use the Klink Services, and you must be willing and able to certify that you are of legal age for the purpose of purchasing, receiving and consuming alcohol beverages;
You cannot furnish alcohol to minors or any other person prohibited by law from having or consuming alcohol beverage, i.e., anyone who is (i) under twenty-one years of age; (ii) visibly or obviously intoxicated at the time of delivery to you, or known by you to be a habitual drunkard; or (iii) otherwise legally ineligible to purchase or take possession of alcohol beverages;
You will provide a bona fide government-issued photo identification upon delivery of any products purchased from a participating retail merchant using the Klink Services.
The licenses granted by Klink terminate if you do not comply with these Conditions of Use or any other service terms issued by Klink.
YOUR ACCOUNT If you use any Klink Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Klink promotes and facilitates sales of alcohol beverages by duly licensed retail merchants to lawful adults, who can purchase with a credit card or other permitted payment method. Alcohol listings on Klink are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. If you are under 21 years of age, you may not use the Klink Services. Klink reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT At Klink's sole discretion, the Klink Website may allow visitors to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information. When such functionality is enabled:
You may do so as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, transmitted to underage recipients (i.e., under 21 years of age) or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Klink reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Klink a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Klink and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Klink for all claims resulting from content you supply.
Klink has the right but not the obligation to monitor and edit or remove any activity or content. Klink takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS Klink respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing to us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
Klink's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Klink Technologies, Inc.
6001 Broken Sound Parkway NW
Boca Raton, FL 33487
phone: (877) 236-4041 fax: (877) 236-4041
Please note that this procedure is exclusively for notifying Klink that your copyrighted material has been infringed.
PURCHASING PROTOCOLS Because Klink does not engage in the sale of alcohol beverages, all sales terms and conditions for products promoted through the Klink Services are set and confirmed by the participating retail merchants selling those products. However, the following protocols apply to all sales facilitated by the Klink Services:
The Customer purchasing the products offered through the Klink Services must be the recipient to whom the duly licensed, participating retail merchant delivers those purchased products.
Each Customer purchasing alcohol beverages must provide the retail merchant’s delivery agent with a government-issued photo identification confirming the recipient’s age and identity upon delivery. This identification must be an original instrument, and not a copy, photo or facsimile of an identification document.
The name on the proffered identification must match the name on the credit card used by the Customer who purchased and paid for the order.
If the Customer does not provide sufficient and valid identification to the delivery agent upon delivery (or if the identification is deemed by driver in his/her sole discretion, the expertise of which is acknowledged, to be fraudulent, false, or sufficiently in question to warrant rejection) or if the identification provided does not match the name on the credit card used by the purchaser to pay for the order, the Customer agrees that s/he will forfeit the order and the cost of the order will be paid to the participating retail merchant and/or the common carrier in consideration for the time and effort required to prepare, package, and transport the order to the Customer and back to the retailer. In such a case of an unverified or unverifiable identification, the Customer will not be entitled to any refund or return.
RISK OF LOSS All items purchased using the Klink service are sold by a duly licensed, participating retail merchant, who is responsible for both the sale and delivery of the purchased products. When the participating retail merchant uses a common carrier to deliver products purchased by you through the Klink Services, this means that the risk of loss and title for such items pass to you upon the retail merchant’s delivery of those purchased products to the common carrier.
RETURNS, REFUNDS AND TITLE Klink at no time owns, sell, takes title to, or otherwise possesses any products sold to you by a participating retail merchant through your use of the Klink Services. Consequently, any returns must be effected directly through and with the retail merchant who sold such items to you. At the participating retail merchant’s sole discretion, a refund may be issued to you without requiring a return. For more information about our returns and refunds, please contact the specific retail merchant who sold the products for which you seek a refund or return.
PRODUCT DESCRIPTIONS Klink attempts to be as accurate as possible. However, Klink does not warrant that product descriptions or other content of any Klink Service is accurate, complete, reliable, current, or error-free. If a product promoted by Klink itself is not as described, your sole remedy is to return it in unused condition and on a timely basis to the retail merchant who sold it to you in accordance with that retail merchant’s return/refund policy.
PRICING Except where noted otherwise, the List Price or Suggested Price displayed for products on any Klink Service represents the full retail price listed on the product itself plus Klink's service fee (i.e., the amount charged and received by Klink in consideration for the informational, technological, and processing services provided to you the customer). We cannot confirm the price of an item until you order. Despite Klink's best efforts, a small number of the items listed on our Website may be mispriced relative to the participating retail merchant’s actual pricing . If the correct price of an item featured by Klink is higher than our stated price, either Klink or the participating merchant retailer will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
KLINK SOFTWARE TERMS The following terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Klink Services (the "Klink Software"):
OTHER BUSINESSES Duly licensed retail merchants and parties other than Klink operate stores, provide the services, or sell the products promoted on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. Klink is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these participating retail merchants, businesses or individuals, or the content of their respective websites. Klink does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE KLINK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KLINK SERVICES ARE PROVIDED BY KLINK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KLINK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KLINK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KLINK SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KLINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KLINK DOES NOT WARRANT THAT THE KLINK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KLINK SERVICES, KLINK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KLINK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, AND AS CONSIDERATION FOR YOUR USE OF OUR WEBSITE AND THE KLINK SERVICES, YOU EXPRESSLY AND AFFIRMATIVELY WAIVE ALL CLAIMS ASSERTING LIABILITY AGAINST KLINK OR ENTITLEMENT TO DAMAGES FROM KLINK, SO THAT KLINK WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KLINK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KLINK SERVICE, INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
INDEMNIFICATION. You agree to defend, indemnify, and hold Klink and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Conditions of Use.
ARBITRATION OF DISPUTES Any dispute or claim relating in any way to your use of any Klink Service, or to any products or services promoted through the Klink Services, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send Klink a letter using our address as provided below requesting arbitration and describing your claim.
The arbitration will be conducted by the American Arbitration Association (AAA) or a similar professional arbitration organization under the organization’s rule for resolving consumer-related commercial disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the arbitration organization’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Klink will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 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.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW By using any Klink Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Klink.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Klink reserves the right to make changes to our Website, policies, service terms, and these Conditions of Use at any time. If we modify these Conditions of Use, any such modifications will take effect proactively, upon your subsequent access to the Klink Website. Please feel free to print out a copy of these Conditions of Use for your records. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Klink Technologies, Inc.
6001 Broken Sound Parkway NW
Boca Raton, FL 33487
phone: (877) 236-4041 fax: (877) 236-4041
HOW TO SERVE A SUBPOENA If you have a subpoena to serve on Klink, please note that Klink does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Klink Technologies, Inc., in accordance with applicable Florida law.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a retail merchant for seller information.
NO REVERSE ENGINEERING. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Klink Software, whether in whole or in part, or create any derivative works from or of the Klink Software.
UPDATES. In order to keep the Klink Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
GENERAL APPLICABILITY OF THESE CONDITIONS OF USE. These Conditions of Use shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both you and Klink submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida, in the judicial district that includes Boca Raton, Florida. Subject to the Arbitration provision set forth above, you and Klink further agree that any cause of action arising under these Conditions of Use not governed by arbitration shall be brought exclusively in the aforementioned Florida courts.
HEADINGS. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
NO WAIVER BY KLINK. Klink failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.