Terms of service | Privacy Policy

TERMS OF CONDITIONS OF USE AGREEMENT

EFFECTIVE DECEMBER 1, 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR PRODUCTS/SERVICES, YOU HEREBY AGREE THAT YOU SIGNIFY YOUR ASSENT TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, DO NOT USE HTL PRODUCTS.

THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICES BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.

Please Note: We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.


This web page represents a legal document and is the Terms and Conditions (“Terms”) for www.handofftech.com and any subdomains of our website (the “Site”), or accessing, installing or using our Application (“App”) , Alexa Skill, Actions for Google, and any other smart speaker devices or electronic devices wherein our services are accessed and used (collectively, HTL Platform(s)), our pages and/or accounts on social media websites (the “HTLSocial Media”), and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site, HTL Platform, or HTLSocial Media. By using our Site, HTL Platforms, and accessing HTLSocial Media, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

GENERAL
The terms “we”, “us”, “HTL”, and “our” refer to Handoff Technologies, LLC, a Colorado Limited Liability Company. The term “Site” refers to www.handofftech.com. The term “HTL Platform” refers to the mobile application developed by HTL for use with Amazon's Alexa service on any Alexa-enabled device, Actions for Google device, or any other device or platform wherein our services are used. The term “HTL Products” collectively refers to the Site, HTL Platforms, and HTLSocial Media. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through HTL Products, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws. On the Site, we provide information related to the remote purchasing and delivery of alcoholic beverages from partnering retailer stores using the HTL Platforms through your smart speaker enabled device (the “Service”).

HTL Products act solely to facilitate communications between partnering retailer stores and users. Unless expressly stated otherwise on HTL Products, the goods and services featured on the HTL Products are offered, provided, sold and delivered by partnering retailer stores, not us.

We are in no way responsible for the quality of goods or services offered by partnering retailer stores. ll questions regarding partnering retailer stores’ products and/or services featured on HTL Products should be directed to the appropriate partnering retailer store.

Use of HTL Products, all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms. These Terms apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.

Subject to these Terms of Use, HTL grants you the right to access and use of HTL Products.

PLACING ORDERS FOR ALCOHOLIC BEVERAGES
By using HTL Products to place orders for alcoholic beverages, you acknowledge and agree:

(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated;

(B) that you are at least twenty one (21) years of age or older;

(C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages; (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b));

(D) that sale and delivery of alcohol beverages to you is made by partnering retailer stores and NOT HTL;

(E) that HTL is a separate business and is not affiliated with any partnering retailer stores selling alcoholic beverages;

(F) that neither HTL nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "HTL Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages or any consequences thereof; and

(G) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless HTL Parties for, from and against 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, result from or are related to: (i) processing of order(s) for alcoholic beverage(s); (ii) purchase of the alcoholic beverage(s); (iii) delivery of the alcoholic beverage(s); (iv) consumption of alcoholic beverage(s), and/or (v) any and all consequences of any of the foregoing.

ORDER PROCESS

The user confirms an order through their smart speaker device, the local retailer accepts the order, the user gets charged on their credit card on file with the HTL Platform, retailer packages the product and delivers the product, checks ID/signature. YOUR CREDIT CARD ON FILE WITH ANY HTL PLATFORM WILL BE CHARGED AUTOMATICALLY WHEN AN ORDER IS PLACED.

PRICES/AVAILABILITY
The information contained on HTL Products regarding prices, specifications and availability of the products and/or services listed therein have been provided by partnering retailer stores. Partnering retailer stores advised us that the prices charged by partnering retailer stores on HTL Products are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or at the time an order for services is fulfilled, as applicable. Although HTL attempts to make certain that the prices, specifications and availability listed on HTL Products and those posted in the stores on the date they are viewed on HTL Products are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on HTL Products. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery date that is different from the date on which you place your order.

Although every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While HTL has undertaken to confirm the accuracy of the information contained on HTL Products, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that HTL Products contain inaccurate information, please let us know by contacting us at info@handofftech.com.

DELIVERY FEES/GRATUITIES
Unless otherwise expressly stated in promotional offer made by HTL only, the delivery of ALL orders are subject to a non-refundable delivery fee charged by HTL. The delivery fee is displayed in your cart and will be added to the total amount due at checkout for the applicable order which you are responsible to pay for. Again, all delivery fees are nonrefundable.
Gratuity (also referred to as a tip) is always optional and up to your own discretion, but is not expected. HTL Products do not provide an option to add a tip to the sub-total of an eligible order at checkout. However, you can always give delivery personnel a cash tip at the time your order is delivered if you so desire.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to HTL that you will not use this site for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use this site in any manner that could damage, disable, overburden, or impair HTL Products or interfere with any other party’s use and enjoyment of HTL Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through HTL Products.

REVISIONS AND ERRATA
The materials appearing in HTL Products could include technical, typographical, or photographic errors. HTL does not warrant that any of the materials on its web site are accurate, complete, or current. HTL may make changes to the materials contained on its web site at any time without notice. HTL does not make any commitment to update the materials.

We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.

COPYRIGHTS
HTL Products contain intellectual property owned by HTL, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the HTL name, logo, all HTL Products, all designs, text, graphics, other files, and the selection and arrangement thereof. Your use of HTL Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of HTL.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any HTL Product or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you and revoke your use of HTL Products, without refund, if you are found to be violating this intellectual property policy.

You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of HTL Products does not grant you any ownership right to our Content.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to info@handofftech.com

ADVERTISEMENTS AND LINKS
HTL Products and App may contain ads and links to third party web sites (e.g., co-branding, links, links to services, or reference links). These third-party Web sites are not under our control and we are not responsible for any linked third-party Web sites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS.

However, if you experience a problem with a third-party site, please let us know by contacting HTL and we will investigate the link and take appropriate action.

INTERACTIVE AREAS
You may be permitted to access and use blogs, comments sections, and email forms, and other forms electronic communications through HTLSocial Media (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.

We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.

USER CODES
In connection with your use of or access to HTL Products, we from time to time may provide you with user names, passwords and/or other unique identifiers (“User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing HTL Products on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes, a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes, or an Alexa-enabled device recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of HTL Products. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.

HTL PLATFORMS
You understand that the use of any HTL Platform is voluntary. By using the HTL Platforms on Amazon's Alexa service on any Alexa-enabled device (e.g., Amazon Echo), Google Actions, or any other HTL Platform you can use voice commands to communicate with us regarding your ordering, purchase, and delivery of alcoholic beverages from partnering retailer stores and other features enabled by your device. Your communication with HTL using the Alexa service constitutes an authorized communication by you. You are solely responsible for all communications with HTL using the HTL Platform of your choice. Please ensure that others do not interact with HTL Platforms on your behalf, and, if you do not want to be overheard, ensure that you are out of earshot when interacting with HTL Platforms. It is possible that your device or HTL Platform (and the equipment HTL Platform is installed on) and/or Amazon, Google, or Apple will record your interactions with their smart speaker enabled devices. Consult your agreements with your chosen Platform for more details about how these interactions are treated by the third-party Company and your device.

Additionally, by installing an HTL Platform, any interactions you have with HTL using the HTL Platform are subject to HTL's Privacy Policy. By installing the HTL Platform, you are authorizing HTL to perform the actions and/or share with Amazon the information communicated to HTL, or requested from HTL. The interactions you have with the HTL Platform take place through the third-party providing the platform. For example, if you ask Alexa to open the Skill and ask, “What IPAs do you have,” HTL transmits the relevant information through Amazon. Therefore, you hereby authorize HTL to share that information with Amazon or any other third-party in response to your interactions with the HTL Platforms.

Alexa and your Alexa-enabled device were not designed or manufactured by HTL, and HTL does not have control over the software that runs on the device, which includes other third party applications. Alexa may not function without error, and may incorrectly process words, conduct translations, or give responses. By accepting these Terms, you understand and agree that HTL is not responsible for inaccuracies in your interactions with HTL using the HTL Platforms.

The HTL Platform is provided on an "as is," "without any warranty," and "without any liability" basis. You bear the risk of using it. HTL does not guarantee the quality, accuracy, completeness, or timeliness of the HTL Platform. HTL does not warrant that the functionality or operation of the HTL Platform will be uninterrupted or free from error that any defects in the HTL Platforms will be corrected, or that the HTL Platforms or the servers that make it available are free of viruses or other harmful conditions or components. The HTL Platforms may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation HTL Platform design, network coverage, government regulation, and situations beyond HTL's control. Neither HTL nor its affiliates, suppliers, nor will have any liability to you for any losses suffered as a result of that arise out of or in connection with your use of the HTL Platform. To the maximum extent permitted by law, HTL expressly disclaims all warranties of any kind with respect to the HTL Platforms, including without limitation, those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and noninfringement.

Once you set up your device with the HTL Platform, you are authorizing HTL to provide information to the device based on the device's security settings. By enabling the HTL Platform on your enabled device, you are responsible for how the HTL Platform is used (including any communication to or from HTL from your device).

ACCESS TO AMAZON.COM ACCOUNT
You agree to permit HTL access to your email account through Amazon.com, only for the purpose of allowing HTL to verify and authenticate your account. HTL will not store this information after the verification process is completed.

DISCLAIMER OF WARRANTIES
HTL Products are intended for business and informational purposes only.

HTL does not promise that HTL Products will be error-free, uninterrupted, nor that this site will provide specific results from your use of any content, search or link on it. We do not warrant or represent that files you download from this site will be free of viruses or other harmful features.

HTL PRODUCTS AND ALL CONTENT CONTAINED WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HTL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HTL MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR CONTENT CONTAINED ON THIS SITE

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HTL, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS SITE. IN NO EVENT SHALL HTL’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF HTL'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO HTL FOR ACCESSING THIS SITE.

INDEMNITY
You agree to indemnify and hold HTL and its partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

USER CONTENT
You grant us a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us and any affiliates, a license to use the User Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Website or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.

OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and HTL.

YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:

MODIFICATION; TERMINATION
We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of HTL Products (including the Content therein or hours of availability) and/or your access to or use of HTL Products and/or the content therein. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, HTL modifies, suspends, terminates or discontinues your access to or use of HTL Products and/or the content therein, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of HTL Products and/or the content therein, and your relationship with us.

FORCE MAJEURE
None of the HTL Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of HTL, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of HTL Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

GOVERNING LAW/DISPUTE RESOLUTION
This Agreement shall be governed in all respects by the laws of the State of Colorado without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Colorado, City of Denver, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Any cause of action by you with respect to HTL Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. HTL’s 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. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between you and HTL with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Denver, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights or property of you and us pending the completion of arbitration.

UPDATED 12/3/2018