TendedBar Terms of Service

Updated On: March 31st, 2022

Welcome to TendedBar. You may register as a member and participate in our services (“Services”) via our websites, mobile applications, TendedBar and other related technologies (collectively our “Sites”). By registering to be a member of TendedBar, you agree to all the terms and conditions set forth here (the “Terms”). If you do not agree with the terms set forth, please do not register to be a member.When you agree to Terms of Service, you are also agreeing to our Biometric Policy, appended to and included in this Terms of Service Policy You may also be subject to any additional terms as posted on our Sites, including but not limited to Terms of Service, Privacy and Biometric Policies (collectively the “Additional Terms”). The Additional Terms are hereby incorporated by reference.

1. USE OF OUR SERVICE

A. Eligibility

To use TendedBar Services, you must register and be approved to be a member. You may register at www.tendedbar.com/registration. This is a contract between you and TendedBar. To be eligible to use TendedBar Services, you must read and agree to these terms and be approved for membership before using the Services. If you do not agree, you will not be eligible to use TendedBar Services. You may use the Services only if you have the legal capacity to form a binding contract with TendedBar, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 21 is strictly prohibited and in violation of these Terms of Service.

B. What is the Service?

TendedBar provides automated beverage distribution services. After registering to be a TendedBar Member, pursuant to and governed by the terms delineated herein, you may use TendedBar, in any TendedBar location, to order and receive high quality beverages more quickly and easily than ever before. When registering, you must provide personal information, identification documents and your biometrics (“photo, facial scan”) to help verify your age, identity, help detect deter fraud or misuse, and to provide a fast, frictionless experience that is compliant with all applicable local, state, national, and international laws, rules and regulations.

C. How Does the Service Work?

First, you must register to be a member of TendedBar. In order to appropriately validate your age and identity, we collect personal information, and we take great care to protect and secure that information. As such, we have partnered with an Identity Company (ID Mission) who we use as a service to help vet and verify your eligibility for membership with TendedBar. Further information about IDmission’s Terms of Service can be found at https://kyc.idmission.com/idmsapps/IdaasTermsofService.html

After registering to be a TendedBar member, you can utilize Services without additional registration. When registering for TendedBar, you have provided relevant payment details and have authorized us to charge for services rendered.

If you want to stop using the TendedBar service, please email dataprivacy@tendedbar.com or call 1-800-530-9593.

D. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the TendedBar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) providing or uploading invalid data through the Services; (vi) collecting or harvesting any personally identifiable information from the Service; (vii) using the Services for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xi) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the TendedBar, in whole or in part; or (xi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

You agree to receive a one-time notification from us via email or text message for authentication purposes. Standard message and data rates apply.

Should you choose to consume any alcoholic beverage in conjunction with the use of the Services, or a TendedBar location, or venue at which TendedBar is located, you agree that such consumption must be in compliance with these Terms of Service and with all applicable local, state, national, and international laws, rules and regulations, including age restrictions and restrictions on operating a motor vehicle or machinery. You agree to drink moderately, to not over consume or combine such consumption with any other drug, prescription or not, and to not drive a vehicle or operate machinery under the influence of alcohol. TendedBar is not liable for any claims, losses, damages, injuries or deaths, fines, or lawsuits related in any way to your use of the Services, any overconsumption or combination of consumption with any other drug, prescription or not, or any operation of a vehicle or machinery, and you expressly release TendedBar and waive any right to pursue such against TendedBar. TendedBar does not encourage the consumption of alcohol nor assume any responsibility for the consumption of such. Any consumption of alcohol is done at your own risk.

2. PROPRIETARY RIGHTS

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “TendedBar Content”), and all intellectual property rights related thereto, are the exclusive property of TendedBar and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any TendedBar Content. Use of the TendedBar Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.

For purposes of clarity, these Terms of Service apply to your use of the Service. Please read these Terms of Service carefully to ensure that you understand each provision. These Terms of Service contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms of Service also significantly reduce TendedBar’s liability for the use of the Services, which could limit any recovery from possible damages, as further delineated herein. Through the use of the Services, and agreement to these Terms of Service, you acknowledge and accept these waivers, and have had an opportunity to review these Terms of Service prior to use of the Service.

3. PRIVACY AND SECURITY

We care about the privacy of our members. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy and Biometric Policies, and to have your personally identifiable information collected, used, and processed at the request of our Licensed Partners.

TendedBar uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You should always use caution before sharing your sensitive personal information online.

4. THIRD-PARTY LINKS AND INFORMATION

The Service may contain links to third-party materials that are not owned or controlled by TendedBar. TendedBar does not endorse nor assume any responsibility for any such third-party sites, information, materials, products, or services or the content therein. If you access a third-party website or service from the Services on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Service and TendedBar’s Privacy Policy do not apply to your use of such sites. You expressly relieve TendedBar from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TendedBar shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

5. INDEMNITY

You agree to defend, indemnify and hold harmless TendedBar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you, and any consumption of alcohol; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your TendedBar Credentials or any other content that is submitted by you including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct or gross negligence, including, but not limited to overconsumption of alcohol or combining any drug, prescription or not, with alcohol; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

6. NO WARRANTY

The Service is provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from TendedBar or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, TendedBar, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.

TendedBar does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Services or any hyperlinked website or site, and TendedBar will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms of Service give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service will not apply to the extent prohibited by applicable law.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall TendedBar, its affiliates, agents, directors, employees, suppliers or licensors be liable for any actual, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Services. All use, or anything related to the use, of the Services is at your own risk. To the maximum extent permitted by applicable law, you waive all rights to pursue TendedBar, its affiliates, agents, directors, employees, suppliers or licensors for any such damages, and by any use, or anything related to the use, of the Services, you expressly assume the risk of the use, or related to the use, of the Services, including, but not limited to the consumption of alcohol in any fashion. Under no circumstances will TendedBar be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the information contained therein.

To the maximum extent permitted by applicable law, TendedBar assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, death, or property damage, of any nature whatsoever, resulting from your access to or use of our site, the Services, or any consumption of alcohol;

8. GOVERNING LAW AND CLASS ACTION/JURY TRIAL WAIVER

A. Mandatory Governing Law and Jurisdiction. You agree that: (i) the Service shall be deemed solely based in the State of Florida, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the 13th Judicial Circuit Courts of Hillsborough County, Florida, or the Middle District of Florida, as applicable, and waive all rights and defenses of such jurisdiction or forum non conveniens. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. You agree to submit to the personal jurisdiction of the federal and state courts located in Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as permitted by law, including any provisional relief required to prevent irreparable harm. You agree that Florida is the proper forum for any appeals or for trial court proceedings.

B. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that, by entering into these Terms of Service, you and TendedBar are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

9. GENERAL

A. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TendedBar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to these Terms of Service. TendedBar may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by TendedBar in our sole discretion. TendedBar reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. TendedBar is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. TendedBar may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review, and agree to review, this page periodically. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the top of this page and may notify you that material changes have been made to these Terms of Service. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Services.

C. Entire Agreement/Severability. These Terms of Service, together with any amendments and any additional agreements you may enter into with TendedBar in connection with the Services, shall constitute the entire agreement between you and TendedBar concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

D. No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TendedBar’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

E. California Residents. The provider of Services is TendedBar. You may contact TendedBar at 1-800-530-9593 or at dataprivacy@tendedbar.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

F. You agree that you have the legal capacity and ability to agree to these Terms of Service and do so willingly, voluntarily, and in full acknowledgment of the rights, obligations, and restrictions delineated herein. You agree that you have read these Terms of Services, and any accompanying terms delineated in other TendedBar agreements for use of the Services regarding privacy and biometrics, and agree to and acknowledge such rights, obligations, and restrictions.

NOTICE AND CONSENT REQUEST FOR COLLECTION OF BIOMETRIC DATA AND OTHER PERSONAL DATA

The TendedBar Services, as defined in the TendedBar Privacy Notice, collect and use certain Biometric Data to confirm your identity, and collect and use video and audio recordings.

This notice and consent request explains what Biometric Data and certain other personal data we are asking for your permission to collect, how we will use it, and how long we will retain it. For the purpose of this notice, “Biometric Data” means a scan of your face geometry, along with information based on that scan that is used to authenticate your identity.

You are free to decline consent to provide Biometric Data and recordings to TendedBar. However, if you do so you will be unable to become a member of TendedBar. If you become a member of TendedBar and subsequently revoke your consent your TendedBar membership will be terminated and your Biometric Data deleted.

When you use a TendedBar, the system will capture your photo and associated biometric data that will be compared to other photos and scans that you have provided as part of the registration and use of TendedBar. During registration, you will be prompted to grant us permission to use your device’s camera and to allow TendedBar’s to capture photos, videos and biometric data to provide TendedBar Services. We use third party service providers to process your Biometric Data solely to verify your identity, but they have no other rights to access nor use your Biometric Data, recordings, or other personal data for other purposes. TendedBar will only use your Biometric Data to verify your identity during your membership. We will never sell your Biometric Data.

We may use your Biometric Data, photos, the recordings, and other personal data to help us better understand how TendedBar Services perform. We may anonymize, aggregate and/or de-identify the Biometric Data, photos, recordings, or other personal data to use for legally permissible purposes, including, but not limited to, improving our Services, research and product development.

We will retain your Biometric Data, photos, and the video and audio recordings for up to three years after your last interaction with the TendedBar Services, or as otherwise required by law, after which we will delete the data. However, at any time you may request that we delete your Biometric Data, photos, recordings, or other.