Terms & Conditions

TERMS OF USE OF IRS COCKTAILS’ WEBSITE AND SERVICES

BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.irscocktails.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by IRS Cocktails, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

In exchange for your agreement to these Terms of Use, Company hereby grants you a revocable, non-transferable, non-exclusive license to access and use the Site and the Service. You may be required to open an account to use or access the Site or Service, in which case you must complete the registration process by providing complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of anyone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

These Terms of Use include a binding arbitration provision set forth below which includes a waiver of class actions and provisions for opting out of arbitration.

PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the Site or Service (“User Content”), you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content or any other information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to not to knowingly expose the Site to any virus, Trojan horse, worm, time bomb, cancelbot, corrupted files, metatag searches, or any form of computer code that is harmful or injurious to Company or others. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Geffen Law and Mediation

Attn: Marc A. Geffen

4405 Manchester Ave. Suite 203

Encinitas, CA 92024

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes in its sole discretion that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY RESERVES THE RIGHT TO WITHDRAW OR AMEND THE SITE AND/OR THE SERVICE WITHOUT NOTICE.
LIMITED LIABILITY. Company’s liability to you is limited. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY, OR IN CONNECTION WITH THE WITHDRAWAL OR AMENDEMENT THEREOF. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. Company has no control over, and shall have no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Any external hyperlinks on the Site are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Company. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
PROHIBITED USES. Company imposes restrictions on your permissible use of the Site and the Service. You agree that you will not use the Site or the Service for any unlawful purpose or in a manner that is in any way contrary to these Terms of Use. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. Specifically, you agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, the Service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Company, 603 Seagaze Dr. #1020, Oceanside, CA 92054. All rights reserved.
MEDIATION OF DISPUTES. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, the Site, the Service, or any resulting transaction, through JAMS Mediation (or any other mediation provider or service mutually agreed by all Parties) before resorting to arbitration or court action. Mediation shall consist of at least five (5) hours of mediation time. Either party may commence mediation by providing JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings, which shall take place in San Diego County, USA. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

At no time prior to the completion of five (5) hours of mediation shall either side initiate arbitration or litigation except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to mediate after a request has been made.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable solely as a result of its use in the mediation. Notwithstanding any other provision of these Terms of Use, any written settlement agreement signed by the parties shall be admissible in court for the purposes of interpreting or enforcing its terms, whether or not it was the product of mediation.

If, for any dispute or claim to which this paragraph applies, any Party (i) commences litigation or arbitration without first attempting to resolve the matter through mediation, or (ii) before commencement of litigation or arbitration, refuses to mediate after a request has been made, then that Party shall not be entitled to recover prevailing party attorney fees even if they would otherwise be available to that Party in any such action.

CLASS ACTION WAIVER AND ARBITRATION. Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Company’s Site or Service that is not resolved through mediation will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Company or Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains 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 party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these or any prior Terms of Use were adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms of Use. This agreement to arbitrate expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and s hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Company agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND COMPANY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in San Diego County, California, USA, or any other location we mutually agree to. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Company on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Company at arbitrationoptout@IRSCocktails.com and providing the requested information as follows: (1) your name, (2) your mailing address, (3) your mobile phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. To be effective, this opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions. Late opt-out statements will have no force or effect.

Further, unless both you and Company agree otherwise, the arbitrator(s) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator(s) may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above. If a claim proceeds in court rather than through arbitration,we each waive any right to a jury trial.

PREVAILING PARTY ATTORNEYS’ FEES. If any arbitration or action in any court is brought to enforce or interpret the terms of this Agreement, or to recover damages for breach of this Agreement, regardless of whether the claim arises out of breach of contract, tort, or any other legal theory or form of action, the prevailing party in such arbitration or action shall be entitled to recover their reasonable attorney fees, as well as costs and disbursements (including expert witness fees), in addition to any other relief to which the prevailing party may be entitled.
GOVERNING LAW; VENUE. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. Unless we both agree otherwise, in the event that the above agreement to arbitrate is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding between us shall be instituted exclusively in the federal or state courts located in San Diego County, California, USA, and you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA for any such legal suits, actions or proceedings.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
SERVICES LIMITED TO CALIFORNIA MARKETING AND PROMOTION. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of, or access to, the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. You understand and agree that Company provides marketing and promotional services related to the sale of alcoholic beverages by licensed sellers, and that Company does not manufacture, distill, bottle, distribute or deliver alcoholic beverages on behalf of its own account. Instead, Company directs and oversees the placement of your order for alcoholic beverages to a licensed seller, who fills the order and delivers it to you. You understand and agree that Company is not a distilled spirits manufacturer or a distilled spirits manufacturer’s agent, does not hold itself out as such, and does not perform activities for which an alcoholic beverage license is required.
MODIFICATIONS. These Terms of Use may not be modified verbally. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and supersedes all oral or written agreements and understandings made and entered into by the parties before the date hereof.

NO OTHER RELATIONSHIPS CREATED: This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than as expressly set forth herein.

ACKNOWLEDGEMENT. By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.

TEXT MESSAGING MARKETING PROGRAM – TERMS & CONDITIONS

General Terms and Conditions:

By enrolling in the IRS Cocktails text messaging program you consent to receive recurring autodialed text messages from or on behalf of IRS Cocktails at the mobile phone number you provided to opt-in. You understand that consent is not a condition of purchase. Text messaging may not be available in all areas in which IRS Cocktails conducts business. Message frequency will depend upon your account activity and number of purchases. Message and data rates may apply, depending on your mobile phone service provider, for which you are responsible. If you would like to be removed from the IRS Cocktails text messaging program, text STOP to 760-348-8344 to opt-out. You may also text HELP to 760-348-8344 for help or contact customer service at https://irscocktails.myshopify.com/pages/contact-us. You can view our privacy policy by visiting: https://irscocktails.myshopify.com/pages/privacy-policy.

You must be at least 21 years old to use the IRS Cocktails text messaging program. By opting in to the program, you are expressly warranting and representing that you are at least 21 years old.

You must have access to a device capable of receiving and sending text messages to use the IRS Cocktails text messaging program. You understand and agree that delivery of text messages is dependent on your having compatible hardware, software and service provider transmission capability that is beyond our control.

You agree to notify us immediately if your mobile number changes. IRS Cocktails is not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. IRS Cocktails recommends using password-protecting mobile devices and enabling encryption, if available.

You agree to indemnify, defend and hold IRS Cocktails harmless from and for any damages, costs, liabilities or fees it incurs resulting from your unauthorized or misuse of the IRS Cocktails text messaging program, or your breach of any provision or warranty contained in these terms and conditions.

IRS Cocktails reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under these alert programs.

Additional Terms and Conditions:

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENROLLING IN THE IRS COCKTAILS TEXT MESSAGING PROGRAM. BY PARTICIPATING IN THE IRS COCKTAILS TEXT MESSAGING PROGRAM, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS AS WELL AS IRS COCKTAILS TERMS OF USE AND PRIVACY POLICY. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH IRS COCKTAILS ARE RESOLVED.

Mediation Of Disputes: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, the Site, the Service, or any resulting transaction, through JAMS Mediation (or any other mediation provider or service mutually agreed by all Parties) before resorting to arbitration or court action. Mediation shall consist of at least five (5) hours of mediation time. Either party may commence mediation by providing JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings, which shall take place in San Diego County, USA. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

Class Action Waiver And Arbitration: Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Company’s Site or Service that is not resolved through mediation will be resolved by binding arbitration, rather than court.

Opt-Out Of Agreement To Arbitrate: You can decline this agreement to arbitrate by emailing Company at arbitrationoptout@IRSCocktails.com and providing the requested information as follows: (1) your name, (2) your mailing address, (3) your mobile phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. To be effective, this opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions. Late opt-out statements will have no force or effect.

Prevailing Party Attorneys’ Fees: If any arbitration or action in any court is brought to enforce or interpret the terms of this Agreement, or to recover damages for breach of this Agreement, regardless of whether the claim arises out of breach of contract, tort, or any other legal theory or form of action, the prevailing party in such arbitration or action shall be entitled to recover their reasonable attorney fees, as well as costs and disbursements (including expert witness fees), in addition to any other relief to which the prevailing party may be entitled.

Limitation of Liability:

To the fullest extent permissible pursuant to applicable law, IRS Cocktails is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees arising out of or related in any way to your use of the IRS Cocktails text message program. We are not responsible for circumstances beyond our control, including, without limitation, acts or omissions of others, atmospheric conditions or acts of god. We do not promise100% error-free service. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to the effective transmission from your network operator.

Disclaimer of Warranties:

To the extent permitted by law, we make no representations or warranties regarding the text messaging service or content that you receive from us, and disclaim any warranties or representations, express or implied. The IRS Cocktails text messaging program is offered strictly on an “as-is” basis.

Governing Law; Venue:

Except as otherwise provided herein, these terms and conditions shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. Unless we both agree otherwise, in the event that the above agreement to arbitrate is found not to apply to you, or to a particular claim or dispute, any legal suit, action or proceeding between us shall be instituted exclusively in the federal or state courts located in San Diego County, California, USA, and you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA for any such legal suits, actions or proceedings

No Implied Waiver:

The failure of any party hereto to insist, in any one or more instances, on the performance of any of the obligations required by the other shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.

Severability:

If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

Changes to Terms:

These terms and conditions are subject to change at any time by IRS Cocktails without notice.