Terms of service
SERVICE IS FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICE BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS & CONDITIONS. BY USING THIS SERVICE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE OR AT LEGAL AGE TO RECEIVE, POSSESS AND CONSUME ALCOHOLIC BEVERAGES IN YOUR JURISDICTION.
1. OVERVIEW
Welcome to Fulproof (“Fulproof,” “we,” “us,” or “our”). Fulproof provides software, technology, and related services that enable consumers to discover, browse, and place orders for alcoholic beverages through independent, properly licensed alcoholic beverage retailers (each, a “Licensed Retailer”) (collectively, the “Services”).
Fulproof is a technology and services provider only. Fulproof is not a retailer, wholesaler, distributor, importer, or manufacturer of alcoholic beverages and does not sell, offer for sale, ship, deliver, warehouse, or take title to alcoholic beverages at any time.
By accessing or using the Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, you may not use the Services.
2. ACCESS AND ACCOUNT
To use the Services, you must be at least 21 years of age. You may not permit any person under 21 to access or use the Services in any manner.
You may be required to provide personal, billing, payment, and shipping information. You represent and warrant that all information provided is accurate, current, complete, and that you are authorized to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
3. ROLE OF FULPROOF AND LICENSED RETAILERS
Fulproof provides a technology platform that facilitates transactions between consumers and Licensed Retailers. When you place an order through the Services, you are making an offer to purchase alcoholic beverages directly from a Licensed Retailer, not from Fulproof.
Each Licensed Retailer is the seller of record and is solely responsible for:
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Accepting or rejecting orders;
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Pricing, promotions, and taxes;
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Compliance with all applicable federal, state, and local laws;
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Age verification and adult signature requirements;
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Order fulfillment, delivery, and returns.
Fulproof does not control and is not responsible for the business practices or legal compliance of Licensed Retailers.
4. PRODUCTS AND AVAILABILITY
Product descriptions, images, pricing, and availability are provided by Licensed Retailers and may change without notice. Product appearance may vary due to device or display settings.
Because alcoholic beverage laws vary by jurisdiction, product availability and delivery options may differ based on your location. Orders may be modified, delayed, refused, or canceled by a Licensed Retailer to comply with applicable law.
5. ORDERS
Placing an order constitutes an offer to purchase from a Licensed Retailer. An order is not accepted until confirmed by the Licensed Retailer and payment is successfully processed.
Once an order is accepted, cancellation or modification may not be possible. Returns, refunds, or exchanges are governed by the Licensed Retailer’s applicable policies.
Orders are for personal or household use only and may not be resold or exported.
6. PRICING AND BILLING
Prices, discounts, and promotions are determined by Licensed Retailers and may change without notice. Prices may differ from those offered in physical stores or on third-party websites.
Unless expressly stated otherwise, prices do not include applicable taxes, shipping, or handling charges.
You represent and warrant that you are authorized to use the payment method provided and that all charges will be honored.
7. SHIPPING, DELIVERY, AND TRANSFER OF TITLE
Delivery times are estimates only and are not guaranteed. Fulproof is not responsible for delays caused by carriers, weather, regulatory review, or events outside its control.
Transfer of Title and Risk of Loss
All alcoholic beverage products purchased through the Services are sold solely by Licensed Retailers.
Title to and ownership of alcoholic beverages pass directly from the Licensed Retailer to you in the state where the order is processed, in accordance with applicable law, typically at the time the Licensed Retailer transfers the order to a licensed carrier for delivery. Upon such transfer, risk of loss or damage passes to you.
Fulproof does not take possession of, hold title to, or assume risk of loss for alcoholic beverages at any time. The sales transaction is deemed complete upon acceptance of the order by the Licensed Retailer.
8. THIRD-PARTY CONTENT, BRANDS, AND ACCESSIBILITY
Certain content, product information, imagery, pricing, and marketing materials made available through the Services are provided by Licensed Retailers and participating brands (“Third-Party Content”).
Each Licensed Retailer and brand is solely responsible for ensuring that its content, websites, and consumer-facing experiences comply with all applicable laws, including accessibility requirements such as the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), and similar state or local laws.
Fulproof does not control, create, or verify Third-Party Content and does not guarantee its accuracy, accessibility, or legal compliance.
9. INTELLECTUAL PROPERTY
All content and materials provided through the Services are owned by Fulproof or its licensors and are protected by intellectual property laws. You may use the Services solely for personal, non-commercial purposes.
10. THIRD-PARTY LINKS AND SERVICES
The Services may include links or access to third-party websites or tools. Fulproof is not responsible for third-party content, products, or services. Use of third-party services is at your own risk.
11. RELATIONSHIP WITH SHOPIFY
The Services are powered by Shopify. All sales transactions are between you and the applicable Licensed Retailer. Shopify is not responsible for any aspect of such transactions, and you release Shopify and its affiliates from related claims.
12. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, FULPROOF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH LICENSED RETAILERS.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fulproof and its affiliates from any claims, losses, damages, or expenses arising out of your use of the Services, your violation of these Terms, or the acts or omissions of any Licensed Retailer or brand, including claims relating to alcohol compliance, accessibility, or Third-Party Content.
15. TERMINATION
Fulproof may suspend or terminate your access to the Services at any time, subject to applicable law. Obligations incurred prior to termination will survive.
16. SEVERABILITY
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.
17. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Fulproof regarding the Services and supersede all prior agreements or understandings.
18. ASSIGNMENT
You may not assign these Terms without Fulproof’s prior written consent. Fulproof may assign these Terms without notice.
19. GOVERNING LAW
These Terms are governed by the laws of the state where Fulproof is headquartered, without regard to conflict-of-laws principles. Venue shall lie exclusively in the state or federal courts located therein.
20. CHANGES TO TERMS
Fulproof may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
21. CONTACT INFORMATION
Questions regarding these Terms may be sent to customerservice@fulproof.io.