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Terms

Terms & Conditions

User Agreement
These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Qwiker Liquor LLC ("Qwiker Liquor LLC" or "we"). By using these web sites, apps and any emails or communications received from Qwiker Liquor LLC (collectively called the "Services"), you consent and agree to these terms and conditions. PLEASE NOTE THAT YOUR USE OF ULTRA IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF ULTRA SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY ULTRA FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF ULTRA INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

Our Services
Qwiker Liquor LLC provides an electronic platform for the purpose of connecting consumers and designated partners ("Partners") to retailers to engage in the sale, service, delivery and/or transportation of alcoholic beverages ("Retailers" or "Vendors"), and to the alcohol transportation and delivery service providers of such Retailers. All orders placed through Qwiker Liquor LLC are accepted, reviewed, and ultimately fulfilled by the applicable Retailers. All alcoholic beverage sales and/or alcohol transportation and delivery services through Qwiker Liquor LLC's website and app are solely transacted between you and the applicable Retailers and/or the alcohol transportation and delivery service providers.
Qwiker Liquor LLC itself does not provide or sell alcoholic beverages or alcohol transportation services and is not a licensed alcohol transportation carrier or Retailer. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
No joint venture, partnership, employment, or agency relationship exists between Qwiker Liquor LLC and any business or third party as a result of this License or use of Qwiker Liquor LLC's services. Qwiker Liquor LLC shall not be liable for any sale, service, transportation, delivery, or alcohol purchasing services provided by third parties. Qwiker Liquor LLC is not a vendor or co-vendor of any goods and/or services. If you reside in a jurisdiction which restricts the use of the Qwiker Liquor LLC because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Qwiker Liquor LLC's website or app if you do not meet or exceed such limits. Without limiting the foregoing, Qwiker Liquor LLC's website and app are not available to persons under the age of 21. By using Qwiker Liquor LLC's website, apps and services, you represent and warrant that you are at least 21 years of age. If you do not meet this requirement, you must discontinue usage of the Services immediately.

In reference to each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact us before purchasing the product. Qwiker Liquor LLC. Our Vendors make no representation as to the right of any person to import any product in to any state.

User Obligations
You agree not to do any of the following while using Qwiker Liquor LLC: Intentionally or unintentionally violate any applicable law or regulation. Access, tamper with, or use non-public areas of Qwiker Liquor LLC or Qwiker Liquor LLC's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Frame or link to Qwiker Liquor LLC except as permitted in writing by Qwiker Liquor LLC.

Shipping / Delivery Policy
Qwiker Liquor LLC stores provide local delivery only within their states and legal jurisdictions. All local deliveries are completed on the same day or the day and time requested by the customer. All orders requiring shipping by common carriers will take 2 days to process and ship to the recipient. Expected shipping times can vary between 2-7 business days depending on shipping address.

Refund / Return Policy
Qwiker Liquor LLC stores do not provide refund after the delivery is made unless wrong items were delivered or item was defective. In that case full refund will be issued for that item if Qwiker Liquor LLC store is notified within 7 days of purchase and if legally allowed by law. Customer will be responsible for returning the incorrect or defective items back to the store.

Identification Policy
Stores listed on Qwiker Liquor LLC are required by law to sell alcoholic products to persons of 21 years or older. To comply with this law, only following form of IDs are acceptable.

Valid driver's license from any U.S. state or Canada.
Valid identification issued by a state agency (Non-Driver ID card).
Valid United States military identification.
Valid passport or visa from the United States government or any other country.

If acceptable form of ID is not presented, order will be taken back to the store and a $20 restocking fee charged to the user's account.

Copyright
The compilation (meaning the collection, arrangement and assembly) of all content on Qwiker Liquor LLC is the exclusive property of Qwiker Liquor LLC, and is protected by U.S. and international copyright laws.

Qwiker Liquor LLC and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2012 - 2016 by Qwiker Liquor LLC. Unless otherwise explicitly stated by Qwiker Liquor LLC, you may copy the content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Qwiker Liquor LLC.

Protection of Content Provided by Qwiker Liquor LLC and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on Qwiker Liquor LLC ("Site Content") are copyrighted materials owned by or licensed to Qwiker Liquor LLC or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Qwiker Liquor LLC and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Qwiker Liquor LLC, its affiliates, or third parties. "Qwiker Liquor LLC" is a trademark of Qwiker Liquor LLC. Unless authorized in writing by an officer of Qwiker Liquor LLC, Qwiker Liquor LLC's trademarks may not be used in connection with any product or service that is not Qwiker Liquor LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Qwiker Liquor LLC. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Qwiker Liquor LLC or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use Qwiker Liquor LLC. Nothing contained in Qwiker Liquor LLC shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Qwiker Liquor LLC, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Qwiker Liquor LLC, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement
Qwiker Liquor LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Qwiker Liquor LLC's Designated Agent the following information:

Qwiker Liquor LLC's Policy Concerning Claims of Infringement
Written Notice of Copyright Claims
Claims of infringement should be in writing and should be directed to Qwiker Liquor LLC's designated agent as specified below. Please include the following information:

A signature of a person authorized A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Submit the information above to the following designated copyright agent: support@orderultra.com This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence Received and Communication
Qwiker Liquor LLC reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Qwiker Liquor LLC may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Qwiker Liquor LLC. You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Qwiker Liquor LLC any information that (i) restricts or inhibits any other user from using or enjoying Qwiker Liquor LLC, (ii) in Qwiker Liquor LLC' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Notices
Qwiker Liquor LLC will give you any necessary notices by posting them on Qwiker Liquor LLC. You authorize Qwiker Liquor LLC to send notices via electronic mail as well if Qwiker Liquor LLC decides, in its sole discretion, to do so. You agree to check Qwiker Liquor LLC for notices, and that you will be considered to have received a notice when it is made available to you by posting on Qwiker Liquor LLC.

Disclaimer No Warranty
Qwiker Liquor LLC makes no representations or warranties as to the accuracy of the Content. Qwiker Liquor LLC is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Qwiker Liquor LLC of the error or omission; however, Qwiker Liquor LLC does not warrant that such error or omission will be corrected.

All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Qwiker Liquor LLC has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

ALTHOUGH QWIKER LIQUOR LLC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON ULTRA, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON ULTRA. QWIKER LIQUOR LLC DOES NOT WARRANT THAT YOUR USE OF ORDERULTRA.COM, OR THE OPERATION OR FUNCTION OF ORDERULTRA.COM, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF ORDERULTRA.COM IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. QWIKER LIQUOR LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ORDERULTRA.COM. ORDERULTRA.COM CONTENT 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.

Limitation of Liability
IN NO EVENT SHALL QWIKER LIQUOR LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ORDERULTRA.COM, THE USE OR PERFORMANCE OF ORDERULTRA.COM, THE DELAY OR INABILITY TO USE ORDERULTRA.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ORDERULTRA.COM, OR OTHERWISE ARISING OUT OF THE USE OF ORDERULTRA.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QWIKER LIQUOR LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ORDERULTRA.COM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ORDERULTRA.COM. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS QWIKER LIQUOR LLC'S LIABILITY OR YOUR REMEDIES.

You agree to indemnify, defend, and hold harmless Qwiker Liquor LLC and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. Qwiker Liquor LLC reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Qwiker Liquor LLC.

Qwiker Liquor LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Qwiker Liquor LLC does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Qwiker Liquor LLC make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. QWIKER LIQUOR LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Qwiker Liquor LLC shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Qwiker Liquor LLC by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Qwiker Liquor LLC. Qwiker Liquor LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Qwiker Liquor LLC by anyone other than authorized Qwiker Liquor LLC employees acting in their official capacities. External sites The Qwiker Liquor LLC may contain links to other web sites or resources. You acknowledge and agree that Qwiker Liquor LLC is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on Qwiker Liquor LLC does not imply that Qwiker Liquor LLC endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Qwiker Liquor LLC and its sites do not constitute an endorsement by Qwiker Liquor LLC of any third party products or services.

Modification
Qwiker Liquor LLC may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Qwiker Liquor LLC reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

Privacy Policy
Your use of Qwiker Liquor LLC is governed by Qwiker Liquor LLC Privacy Policy.

Force Majeure
Qwiker Liquor LLC shall be excused from performance under this Terms of Service if Qwiker Liquor LLC is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Qwiker Liquor LLC.

Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Qwiker Liquor LLC, Limitation of Liability, Indemnity and General Provisions.

General Provisions
You agree that Qwiker Liquor LLC and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to Qwiker Liquor LLC may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Qwiker Liquor LLC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Qwiker Liquor LLC in writing. The Terms of Service, along with Qwiker Liquor LLC Privacy Policy, comprises the entire agreement between you and Qwiker Liquor LLC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Qwiker Liquor LLC. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Qwiker Liquor LLC shall be null and void. These Terms of Service will inure to the benefit of Qwiker Liquor LLC's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in New York County, in the State of New York, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

Acceptance; Miscellaneous
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Qwiker Liquor LLC. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Qwiker Liquor LLC with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises. If you have any questions about these Terms of Service, please email us at support@orderultra.com

Third Party Copyrights
Content and images owned by VisualPharm may not be used without their prior approval. Visit www.visualpharm.com for more information.