Terms & Conditions

These Terms and Conditions have last been updated onMay 1, 2020.

These Terms & Conditions govern your access to and use of jacksliquor.com (“the Website”). The Website isowned and operated by Toor Stores LLC dba Jack’s Liquor, a Wisconsin Limited Liability Company, authorized to do business in the State of Wisconsin and sell alcoholic beverages in the City of Milwaukee, Wisconsin.

These Terms & Conditions apply to all persons accessing the resources of this website (“Visitor”), regardless of a Visitor’s use of the Website. In these Terms, "you" and "your" refer to each Visitor and his or her agents), and "we", "us" and "our" refer collectively to Jack’s Liquor.

By accessing and using the Website in any way, with any device, you are explicitly agreeing to the Terms and Conditions and our Privacy Policy in their entirety. If you do not intend on agreeing completely, please do not access the Website. These Terms and Conditions and Privacy Policy may change from time to time. Please read these Terms and Conditions each time you use the site to ensure that you understand the most up to date agreement. Our Privacy Policy can be found at www.jacksliquor.com/privacy.

You may only use or view this Website if you are 21 years old or older. Visitors under the age of 21 are not authorized to use this Website.

PARENTAL CONTROL PROTECTIONS

Parental controls are features which may be included in digital television services, computer and video games, mobile devices and software that allow parents to restrict the access of content to their children. These controls were created to assist parents in their ability to restrict certain content viewable by their children. This may be content they deem inappropriate for their age, maturity level or feel is aimed more at an adult audience. These features are commercially available and your responsibility. Please ensure that proper parental controls are installed on your devices. Examples of parental controls can be found at www.internetmatters.org.

SECURITY

Our website is kept up to date with commercially available security protections to reasonably protect us and you. However, no security software can guarantee 100% effectiveness. As with all website, you should exercise caution when transmitting sensitive data over the internet.

USER AGREEMENT

By accessing the Website, you agree not to do any of the following:

  • Intentionally or unintentionally violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • post, share, send, or otherwise use the website to doanything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • use automated methods to use the Website nor use any means to scrape or crawl any Web pages or content contained in the Website (although us may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and we reserves the right to revoke these exceptions either generally or in specific cases);
  • attempt to circumvent any technological measure implemented by us or any ofour providers or any other third party (including another user) to protect the Website;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You are responsible for your use of the Website, and for any use of the Website made using your account. Your use of theWebsite is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access of theWebsite.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others.

COPYRIGHT NOTICE

The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to us. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without our written permission. You are authorized to use this material only for personal, non-commercial purposes.

ACCURACY

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

RETURNS

Returns of alcoholic beverages are not permitted in the State of Wisconsin. All sales are final. Product purchased in store or on the Website cannot be returned or exchanged.

PICK UP

All orders are subject to product availability and will be available for pickup according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. The person who placed the order is the only individual allowed to pick-up the order.You must be aged 21 or older and must present valid government-issued photo identification and the credit card used for purchase. The name on both of these items must match.

RIGHT OF USE

Your right to use the Website and its content is at the sole discretion of us. We may terminate your account or prevent use of the Website with or without cause at any time. You are personally liable for all use of the Website. We reserve the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.

FORCE MAJURE

We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

GOVERNING LAW

This agreement will be governed by and construed in accordance with the laws of the State of Wisconsin.

DISCLAIMER OF WARRANTIES

We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Website. OUR WEBSITE, THEIR CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE WEBSITE, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF ONE DOLLAR ($1.00). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIALDAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

If you are dissatisfied with any portion of Website, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Website and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Website or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

INDEMNITY

You agree to indemnify, defend, and hold harmless Toor Stores LLC, its affiliates, employees, officers, agents, vendors and service providers (“Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of theEntities.

ARBITRATION AGREEMENT

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

In the event that you have any problem or dispute arising from the use of the Website, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Toor Store LLC, 5300 S. 108th Street, Suite 15-247, Hales Corners, WI 53130, Attn: Legal Department, Re: Customer Dispute. You then agree to negotiate with us in good faith about your problem or dispute. In the event that your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Website and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Wisconsin shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Wisconsin shall apply.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the Entities, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including such claim or award. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND ENTITIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than two (2) years after the cause of action arose.

CONTACT

If you have questions or concerns about our specific terms, please send an e-mail to support@jacksliquor.com.