Last Revised: September 2021

These terms and any additional terms incorporated by reference herein (collectively, the “Terms”) govern your use of our various products and services (collectively, the “Application”). They are provided to you by Endless Retail, LLC. By using our Application (including but not limited to using our App, e-Commerce Shop, or creating a user account, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have authority to agree to these Terms, whether personally, or behalf of another.

By downloading and/or using our Application, you agree to comply with and hereby agree to be bound by these Terms as a condition of using our Application. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Application after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Application at any time, and we may terminate these Terms or your use of any Application, or generally cease offering or deny access to any portion of the Application, at any time and for any reason in our sole discretion.

These terms include an Arbitration provision that governs any disputes between you and us. This provision will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms within the Application or by posting revisions on our website.

Age Restriction
We will only supply alcohol-based products to persons who are over the legal age, which is 21 years old in the USA and otherwise in full compliance with the law. We will not supply to states or locations that may not accept such shipments.

By placing an order on this site and completing the delivery process which forms part of the contract of sale you thereby confirm that you are over 21, and that someone over the age of 21 will be available to accept delivery for your order, and that delivery will not be accepted by any person under 21 at that address. This also applies in that the end recipient must be 21 years or older. You hereby consent to have your identification checked upon delivery for compliance. We do not allow our product(s) in the hands of minors and do not accept any liability whatsoever for unlawful delivery to or acceptance by any person under 21.

Violations/Law
Any attempts to knowingly circumvent the age restriction, location restrictions, supply to a minor, or otherwise may result in legal consequences and met with the full extent of the law in your governing area. Your information may be forwarded to applicable law enforcement agencies and we reserve the right to assert any and all legal remedies available to us.

Eligibility
The Application is not targeted towards, and use is prohibited by, anyone under the age of 21. A USER MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE APPLICATION. If you are not at least 21 years of age or older, you must immediately cease using this Application.

In order to use certain functions of our Application, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Endless Retail if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You are responsible for maintaining the confidentiality of your account, your password, for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Privacy
Please read the Privacy Policy carefully to understand how Endless Retail, LLC collects, uses and discloses personally identifiable information from its users. By downloading, installing, accessing or using the Application, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Third Party Terms and Conditions; Endless Retail, LLC Policies
These Terms supplement and incorporate by reference (i) the terms and conditions of any site from which User downloads the Application (including Google Play, the Amazon Appstore, and the Android Market) (“Third Party Terms”). If any of the provisions of the Third Party Terms or any applicable Endless Retail, LLC policies conflict with these Terms, these Terms will control solely to the extent such terms apply to the Application, provided that these Terms do not in any way alter your obligations owed to such third parties arising under such Third Party Terms.

Mobile Payment
You may elect to participate in certain functionality of the Application which will allow you to use a Device to purchase Endless Retail products by linking a credit card, debit card or mobile wallet to your account, and using it to pay directly for the products through the Application (“Mobile Payment”). You may also use the Application to order and pay for certain products prior to arrival at the fulfillment location (“MOP”). By electing to use such functionalities, you agree that you: (1) are the authorized and lawful user of such credit card, debit card, or mobile wallet, (2) that you consent to Endless Retail processing, or using third-party payment processers, to process such orders, and (3) shall be solely responsible for any and all overage charges, credit card processing fees, charge-backs, and other related charges or fees associated with purchases made in the Application.

Email Communications, Push Notifications, and In-App Messages
If you sign up for a Endless Retail, LLC account using the Application, you are, by default, opted in to receive promotional email communications from Endless Retail, LLC (“Email Communications”). You may, at the time of sign up, opt out of receiving Email Communications from Endless Retail, LLC and may additionally opt out of receiving Email Communications by adjusting the profile settings in your account.

Similarly, upon download of this Application, you will be provided the option to opt in to receive push notifications from Endless Retail, LLC on your Device. This may include promotional communications, offers, and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). You may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the “Notifications” switch within the Application settings to “off”, or within the Device’s settings application under “Notifications” to completely opt out of Push Notifications. Opting out of Push Notifications will not affect your settings with respect to Email Communications.

Finally, by using this Application, in-app messages will automatically be displayed to you via the Application’s display tiles and/or sent to you via the Application’s inbox, including promotional communications and offers. If you do not wish to see or receive such messages, you must cease use of the Application.

Copyright, Trademarks, and User License
Except as expressly set forth herein, the Application and all content and other materials therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, source code, sound files, other files and the selection and arrangement thereof (collectively, “Application Materials”) are the property of Endless Retail, LLC or its licensors and are protected by U.S. and international copyright laws. Endless Retail, LLC trademarks, service marks, graphics, and logos used in connection with the Application are trade names, trademarks or registered trademarks of Endless Retail, LLC (collectively “Endless Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The Application, the Application Materials, the Endless Marks and Third-Party Marks may not be copied, imitated, distributed, modified, used to create derivative works of, republished, or used, in whole or in part, without the prior written permission of Endless Retail, LLC or the applicable owner thereof. The Application, the Application Materials, the Endless Marks, the Third-Party Marks, and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Endless Retail, LLC or the owner of the same. All rights not expressly granted are reserved.

Subject to these Terms, Endless Retail, LLC grants you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith these Terms and User License also govern any updates to, or supplements or replacements for, the Application, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply. Endless Retail reserves the right to terminate the User License at any time and for any reason.

Acceptable Use
You hereby agree that your use of the Application and the Content, and any information provided by you while using the Application, including without limitation usernames and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), employer name, or GPS location (“User Information”) transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Endless Retail, LLC, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Endless Retail, LLC or Content that is not authorized by Endless Retail, LLC; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Endless Retail, LLC or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Endless Retail, LLC’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Endless Retail, LLC’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable Third Party Terms (collectively “Acceptable Use”). Endless Retail, LLC reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Mobile Payment or MOP, or remove Content at any time and for any reason. Endless Retail, LLC further reserves the right to assert legal action with respect to Content or use of the Application, including Mobile Payment or MOP, that Endless Retail, LLC reasonably believes is or might be in violation of these Terms, Third Party Terms, or Endless Retail, LLC policies. Endless Retail, LLC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. You are prohibited from using the Application and the Content while driving or when applicable law prohibits use of the Application.

Indemnification
You hereby agree to defend, indemnify, and hold harmless Endless Retail, LLC, its members, subsidiaries and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Endless Retail, LLC Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) (“Claims”) that arise from or relate to your use or misuse of the Application (including Mobile Payment or MOP), violation of these Terms, or violation of any rights of a third party. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Endless Retail, LLC Indemnitee’s sole negligence. Endless Retail, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate in asserting any and all available defenses.

Warranties; Disclaimers
ENDLESS RETAIL, LLC IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND YOU ARE USING THE APPLICATION AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ENDLESS RETAIL, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, THAT YOUR INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT OR MOP) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. THE MATERIALS AND INFORMATION IN THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

Without limiting the foregoing, you agree that Endless Retail, LLC is providing the Application as a software application and platform only, and makes no representations or warranties regarding any product that may be purchased in the Application. All products listed, marketed, described, or sold in the Application are offered by independent third parties and that if you elect to purchase any such products, you are purchasing those products directly from those third parties, not from Endless Retail, LLC. Endless Retail, LLC is not responsible for examining or evaluating, and Endless Retail, LLC does not warrant, the offerings of any of these third parties nor does Endless Retail, LLC assume any responsibility or liability for the actions, product, and content of these third parties. If you purchase any products on the Application, you do so at your sole risk. You agree that any return, refund, or exchange must be handled directly with such third parties and Endless Retail, LLC has no responsibility or liability associated with the same.

No Liability
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER WYOMING LAW, IN NO EVENT SHALL ENDLESS RETAIL, LLC OR ITS MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT OR MOP, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ENDLESS RETAIL, LLC’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN MOBILE PAYMENT OR MOP.
IF YOU RESIDE IN A JURISDICTION OTHER THAN WYOMING, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Third Party Content, Applications, Products and Services (including Advertising and Promotions)
Endless Retail, LLC may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. Endless Retail, LLC does not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Endless Retail, LLC of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Endless Retail, LLC is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you use other applications via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that these Terms as well as any other Endless Retail, LLC terms and policies no longer govern, and that the terms and policies of those third-party applications will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from our Application. You must comply with any applicable third-party terms when using the Application.

Modifications to the Application
Endless Retail, LLC reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that Endless Retail, LLC will not be liable for any modification, suspension or discontinuance of the Application or any part thereof. By using the Application, you understand and agree that any User Information may be deleted or lost upon Endless Retail, LLC’s discontinuance or termination of the Application, and that you are solely responsible for maintaining adequate backup copies of any such User Information.

Arbitration
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of the Application, and your relationship with Endless Retail, LLC. Any dispute or claim arising out of or relating to these Terms or use of the Application and your relationship with Endless Retail, LLC or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to Endless Retail, LLC, by emailing legal@endlessretail.io, to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days of the date that you send such notice to us.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Endless Retail, LLC will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law and Jurisdiction
These Terms and use of the Application are governed by the laws of the state of Wyoming, United States of America, without regard to Wyoming’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void or a dispute between the parties is not subject to arbitration, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Sheridan County, Wyoming, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Termination
Notwithstanding any of these Terms, Endless Retail, LLC reserves the right, without notice and in its sole discretion, to terminate your license to use the Application and to block or prevent your future access to and use of the Application. Endless Retail, LLC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Changes
Endless Retail, LLC reserves the right to change or modify these Terms or any other Endless Retail, LLC policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the Endless Retail, LLC website. Continued use of the Application following such changes or modifications to the Terms or other Endless Retail, LLC policies will constitute acceptance of such changes or modifications. If you do not agree to such changes or modifications, you must uninstall and discontinue any further use of the Application immediately.

Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions so long as the material benefits and burdens arising hereunder remain in full force and effect.

Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Application is Endless Retail, LLC, 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801. To file a complaint regarding the Application or to receive further information regarding use of the Application, send a letter to the above address or contact Endless Retail, LLC via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 1-800-952-5210.

Contact
Any questions, complaints, or claims regarding the Application should be directed to:
Endless Retail, LLC
legal@endlessretail.io
1309 Coffeen Avenue STE 1200
Sheridan, WY 82801