Terms of Service

Last Revised: [Month Day, Year]

Please read this Terms of Use Agreement (“TOU Agreement”) carefully. This TOU Agreement between Playdate Beverages LLC (“Playdate Beverages,” “Playdate,” “we,” “us,” or “our”) and the user (“you” or “User”) governs the use of: (1) our website https://drinkplaydate.com (“Website”), (2) the services and resources available or enabled via our Website (“Services”), and (3) our educational information and content, including designs, graphics, text, photographs, illustrations, icons, multimedia, and communications (the “Content”) through our Website (collectively, “Our Content”). Collectively, the Website, Services, and Our Content are “Our Features.”

This TOU Agreement applies to all users visiting, accessing, or using Our Features. By making a purchase, browsing our Website, or participating in our programs, you represent that: (i) you have read, understand, and agree to be bound by this TOU Agreement, (ii) you are of legal age to form a binding contract with us, (iii) you have the authority to enter into the TOU Agreement personally or on behalf of the company you named as the User, and to bind that company to the TOU Agreement, and (iv) you have read and understand that your use of the Website and Services is subject to our Privacy Policy, which is expressly incorporated herein and is available at https://drinkplaydate.com/pages/privacy-policy. For clarity, the term “you” refers to the individual or legal entity, as applicable, identified as the User when you registered on the Website. IF YOU DO NOT AGREE TO BE BOUND BY THIS TOU AGREEMENT, YOU MAY NOT ACCESS OR USE OUR FEATURES.

THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS TOU AGREEMENT.

FOR RESIDENTS OF THE UNITED STATES: THE ARBITRATION AGREEMENT IN SECTION 17 (ARBITRATION) CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT AS SPECIFICALLY ADDRESSED BELOW, THESE TERMS ALSO PROVIDE THAT (1) CLAIMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS (NOT AS A CLASS OR REPRESENTATIVE ACTION) AND (2) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR FEATURES WILL BE GOVERNED AND INTERPRETED UNDER THE LAWS OF THE STATE OF [STATE], CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

1. Services

Our Features allow users to browse, view, choose, and purchase various products (“Products”) on our Website. We may provide Our Content to complement our Products, and all Our Content is provided for informational purposes only.

We may, in our sole discretion, change, delete, update, modify, or otherwise alter Products and Our Content at any time without notice. We may also change pricing and availability at any time without notice.

All photos, videos, and other images of Products are for illustrative purposes only. The actual Product may vary. We make reasonable efforts to accurately display attributes of our Products; however, the appearance you see may depend on your device, and we cannot guarantee accurate display.

The inclusion of Products on our Website does not guarantee availability. Current prices can be found on the Website.

2. Ownership

You agree that Playdate Beverages owns all rights, title, and interest in Our Features (including, without limitation, the Website and its functionality, and any related software).

2.1 Copyright

Our Features are protected by copyright and other intellectual property laws.

2.2 Trademarks

The Playdate name and all related graphics, logos, service marks, and trade names used on or in connection with Our Features (the “Playdate”) are our trademarks and may not be used without our prior written permission. Other trademarks that may appear are the property of their respective owners.

2.3 License

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access, and view Our Features made available to users.

3. Updates

Our Features evolve. We may update Our Features with or without notice. You may need to update third-party software to use Our Features.

4. Certain Restrictions

The rights granted to you are subject to these restrictions. You shall not:

• License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit Our Features;
• Copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit any part of Our Features except as expressly permitted;
• Remove or destroy proprietary notices;
• Frame or use framing techniques to enclose Our Features, trademarks, or logos;
• Use “hidden text” using our Marks;
• Modify, translate, adapt, merge, or make derivative works of any part of Our Features; or
• Use manual or automated processes (spiders, robots, scrapers, crawlers, data mining tools, etc.) to scrape or download data from the Website (except that we grant operators of public search engines revocable permission to index materials solely for searchable indices, but not caches or archives).

Any unauthorized use terminates the licenses granted by us.

5. Registering Your Account

To access certain features, you may need a customer account (“Account”). Registered Users may view order history, shipping information, and other relevant details.

Unless expressly agreed to in writing, we have no obligation to store information available on your Account.

5.1 Registration Process

An Account may be created when you place an order. You can access it by visiting our Website and selecting “Account,” then using the email associated with your order.

5.2 Registration Data

By creating an Account, you agree:

• To provide accurate, current, and complete information and promptly update it;
• You are at least twenty-one (21) years old and legally able to form a binding contract;
• You are responsible for all activity under your Account and will restrict use by minors;
• You will not maintain more than one Account;
• You will not share your password and will notify us immediately of unauthorized use;
• You will not create an Account using false information or on behalf of someone else;
• You will not use an Account for reselling Products or unauthorized commercial purposes;
• If information is untrue or incomplete, we may suspend or terminate your Account and refuse current or future use.

6. User Content

Users may be able to upload or submit content (“User Content”). You acknowledge that the user who originated User Content—and not Playdate Beverages—has sole responsibility for it.

We have no obligation to pre-screen content but reserve the right to remove any content in our discretion.

You retain ownership of Your Content, but by making it available on Our Features, you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, distribute, and display it to operate and improve Our Features.

6.1 Feedback

If you submit ideas or suggestions (“Feedback”), you do so at your own risk and we have no confidentiality obligations regarding such Feedback. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide right to use Feedback for any purpose.

6.2 Consent to Recording and Monitoring

You acknowledge and agree that we and our vendors may record and monitor communications (including customer support calls or chats) for training, quality assurance, and business purposes as described in our Privacy Policy at https://drinkplaydate.com/pages/privacy-policy.

7. Your Conduct

You agree not to use Our Features for any unlawful purpose or any purpose prohibited by this TOU Agreement. You shall not:

• Infringe intellectual property rights;
• Engage in unlawful, deceptive, abusive, harassing, defamatory, or obscene conduct;
• Send unauthorized advertising or spam;
• Impersonate any person or entity;
• Interfere with or disrupt Our Features;
• Attempt to bypass security measures or introduce harmful code.

8. Investigations

We may monitor or review Our Features at any time. If we suspect violations, we may investigate and terminate your access without notice.

9. Terms of Sale

9.1 Payment Methods

When you place an order (“Order”), you must provide valid payment information. By submitting payment information, you authorize us (and our payment processors) to charge your payment method for amounts due.

We may use third-party service providers for payment processing and fraud protection. Payment values are in U.S. dollars unless otherwise specified.

9.2 Orders

Submitting an Order constitutes an offer to purchase. Confirmation of receipt does not mean acceptance. We accept Orders when Products ship.

If you do not receive confirmation, contact Customer Service at help@playdate.com.

9.3 Verification

We may verify personal information (including age eligibility), payment information, and creditworthiness.

9.4 Order Issues

We reserve the right to limit, modify, deny, or cancel Orders for any reason, including errors in pricing, suspected fraud, unavailability, or suspected abuse of policies.

9.5 Pricing Information

Pricing and shipping costs are displayed at checkout. Prices and availability may change at any time.

9.6 No Resale / Promotions Without Consent

Resale of Products for profit without our prior written consent is prohibited. Unless expressly authorized, Products may not be used as prizes in contests, sweepstakes, raffles, or lotteries.

9.7 Disclaimers Regarding Orders

We reserve the right to refuse any Order, correct errors, and cancel Orders, even after confirmation, and to limit Orders that appear to be placed by resellers or unauthorized parties.

9.8 Returns

Due to the consumable nature of beverage products, returns may be limited or not accepted. All purchases are subject to our Returns/Refund Policy located at https://drinkplaydate.com/pages/returns.

9.9 Product Issues / Limited Warranty

If you offer a limited warranty, reference it here: https://drinkplaydate.com/pages/returns. For questions, contact help@playdate.com or write to:
Playdate Beverages LLC
3115 W Armitage Ave, Chicago, IL 60647
ATTN: Legal Department

9.10 Product Recall

You agree to cooperate with us in the event of a recall. If you suspect a recall issue, notify us at:
Playdate Beverages LLC, 3115 W Armitage Ave, Chicago, IL 60647, ATTN: Legal Department

9.11 Taxes

You are responsible for applicable taxes as required by law.

9.12 Discounts and Promo Codes

Promo codes may be issued at our discretion and are subject to additional terms. Promo codes have no cash value, may expire, and may be disabled at any time.

10. Hemp Product Notice & Eligibility

Our Products may contain hemp-derived ingredients. You are responsible for ensuring purchase, possession, and use is legal in your jurisdiction. We do not ship to locations where our Products are prohibited by law.

YOU MUST BE 21+ TO PURCHASE. By ordering, you represent that you are at least 21 years old.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

This section does not limit any rights you may have under applicable law or any express product warranty we provide (if any).

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLAYDATE BEVERAGES LLC OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA ARISING OUT OF OR RELATED TO YOUR USE OF OUR FEATURES.

IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (II) THE MINIMUM AMOUNT REQUIRED BY LAW.

Some jurisdictions do not allow certain limitations, so some may not apply to you.

13. Copyright Infringement Claims (DMCA)

If you believe your copyrighted work has been posted in a way that constitutes infringement, please send a notice to our designated agent:

DMCA Agent:
Playdate Beverages LLC
3115 W Armitage Ave, Chicago, IL 60647
ATTN: Legal Department
Email: legal@playdate.com

Include: signature, description of work, location of material, contact info, good-faith statement, and statement under penalty of perjury.

14. Violations

If we determine you breached this TOU Agreement, we may investigate, cooperate with law enforcement, disclose information as required by law, deactivate accounts, cancel orders, and take other action we deem appropriate.

15. Term and Termination

This TOU Agreement starts when you first use Our Features and continues while you use them. We may suspend or terminate access at any time if we believe you violated these Terms.

Sections that should survive termination will survive (including ownership, disclaimers, limitations of liability, and arbitration).

16. International Users

Our Features are controlled and offered from the United States. We make no representations that they are appropriate outside the U.S. Users who access from other countries do so at their own risk and are responsible for compliance with local law.

17. Arbitration

Please read this Arbitration Agreement carefully. It affects your legal rights.

17.1 Applicability

Any dispute relating to your use of the Website, Services, Products, or your relationship with Playdate Beverages will be resolved by binding arbitration rather than court, except:
(i) claims in small claims court (if eligible, individual basis), and
(ii) either party may seek injunctive relief for intellectual property misuse.

17.2 Rules and Forum

The Federal Arbitration Act governs. To begin arbitration, you must send a letter requesting arbitration to:
Playdate Beverages LLC, 3115 W Armitage Ave, Chicago, IL 60647, ATTN: Legal Department.

Arbitration will be administered by [Provider] under its applicable rules. The arbitration may be conducted by phone, written submissions, or in person in your county of residence or another mutually agreed location.

17.3 Authority of Arbitrator

The arbitrator has exclusive authority to resolve disputes, including enforceability of this Arbitration Agreement. The arbitrator may award relief available under applicable law on an individual basis.

17.4 Waiver of Jury Trial

YOU AND PLAYDATE BEVERAGES WAIVE THE RIGHT TO A JURY TRIAL EXCEPT AS SPECIFIED ABOVE.

17.5 Waiver of Class Actions

ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED.

17.6 Thirty-Day Right to Opt Out

You may opt out of arbitration by sending written notice within 30 days of first becoming subject to this Agreement to:
Playdate Beverages LLC, 3115 W Armitage Ave, Chicago, IL 60647, ATTN: Legal Department
Include your name, address, account email, and a clear statement you want to opt out.

17.7 Severability / Survival

If any part is unenforceable, the remainder remains in effect. This Arbitration Agreement survives termination.

18. California Residents

In accordance with California Civil 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.

(Remove or change this section if your governing state is not California.)

19. General Provisions

19.1 Electronic Communications

You consent to receive communications electronically and agree electronic notices satisfy legal writing requirements.

19.2 Assignment

You may not assign these Terms without our written consent.

19.3 Force Majeure

We are not liable for delays caused by events outside our reasonable control.

19.4 Exclusive Venue (If Litigation Allowed)

To the extent litigation is permitted, the parties agree disputes will be litigated in state or federal courts located in [Cook County, IL].

19.5 Governing Law

These Terms are governed by the laws of [IL], consistent with the Federal Arbitration Act.

19.6 Notice

You are responsible for keeping your email current. You may give notice to:
Playdate Beverages LLC, 3115 W Armitage Ave, Chicago, IL 60647.

19.7 Export Control

You may not use or export Our Features except as authorized by U.S. law and applicable local laws.

19.8 Entire Agreement

These Terms are the complete agreement regarding Our Features and supersede prior agreements relating to the same subject.

19.9 Waiver / Severability

Failure to enforce any provision is not a waiver. If any provision is invalid, the remainder remains enforceable.