Please read these Terms & Conditions carefully before you start to use the Website.

 

By using the Website, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy.  If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Sip-Up Advertising, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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Privacy Statement.
We are committed to protecting your privacy. Authorized employees within the Company on a need-to-know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Federal Law has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
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Confidentiality.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than as legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.  Furthermore, by purchasing products or services or submitting information through the Website, you consent to receive communications from Sip-Up Advertising, LLC, including promotional and marketing emails, subject to applicable law and opt-out rights.

 

Disclaimer of Warranties.  
Except for the express warranties provided, We do not make any warranty, express or implied, with respect to the Company, the Website, the products, the Services rendered by its personnel, or the results obtained from their work, including, without limitation, any Implied Warranty of Merchantability or Fitness for a Particular Purpose.
 
Limitation of Liability.
In no event shall We be liable for any indirect, incidental, or consequential damages including lost profits arising out of or otherwise relating to the Services, Products, or performance of the Website or any components thereof, however, caused, even if we have been advised of the possibility of such damages.
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Limitation of Remedy.
It will be extremely difficult to determine the actual damages that may result from the failure to perform our duties.  YOU AGREE THAT WE ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES WE PERFORM OR THE PRODUCTS WE SELL. IF IT IS DETERMINED THAT WE ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE PRICE YOU PAID US. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, PRODUCT FAILURE, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
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Governing Law, Etc.
These Terms & Conditions shall be governed and interpreted in accordance with the laws of the State of North Carolina and applicable United States federal law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and the parties consent to the jurisdiction of such courts.
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Product Order Language.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange. We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. We are not responsible for any drinkware that is not put into use by the restaurant to which it is delivered, we are not responsible for any errors made by the restaurant, including but not limited to ordering errors or their refusal to use said product. Once an order has been delivered to the restaurant our involvement in the order is completed it’s out of our hands and we have no further responsibility or liability. We reserve the right to refuse to complete any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order sent to us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions in a timely manner.
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You represent and warrant that you have the right to use all logos, copy, artwork, slogans, and materials that you provide or we create and that such use will not violate any trademarks, tradenames, patents, or copyrights. You acknowledge and agree that if any action for any infringement of trademark, tradename, patents, or copyrights is commenced that we are not responsible for any such infringement and that you will indemnify and hold us harmless against all such claims. The client understands and agrees that any of the client’s artwork, logos, copy, prints, designs, text, or other items that are provided by Client to us may be used by Sip-Up Advertising, LLC and its affiliates for marketing collateral and related uses and you grant Sip-Up Advertising, LLC a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the artwork, logos, copy, prints, designs, text and any other item provided to us.
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The client is responsible for the final review and approval of all artwork, design, and copy of the advertising. Once the client has given such approval we are not responsible for any incorrect information or errors, and no refunds or corrections will be given. We have no control over shipping and delivery and are not responsible for any errors, or delays.
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Payment.

Personal checks, business checks, ACH payments, Visa, Mastercard, and other approved payment methods accepted by Sip-Up Advertising, LLC may be used for payment. Payment in full is required at the time an order is placed unless otherwise agreed to in writing by Sip-Up Advertising, LLC.

A non-refundable 3% processing fee may be added to all payments made by credit card or other electronically processed payment methods where permitted by applicable law. Any balance that remains outstanding after the due date may incur a late payment fee of  the maximum amount permitted by applicable law, whichever is lower. Sip-Up Advertising, LLC reserves the right to seek recovery of any unpaid balances sixty (60) days from the invoice date through collection agencies, legal action, or other lawful means. In the event of collection efforts or legal proceedings, you agree to pay all reasonable costs of collection, including attorneys’ fees and court costs, whether or not litigation is commenced. Returned checks, rejected ACH payments, chargebacks, payment disputes, or insufficient funds transactions may incur a fee of up to $50.00 per occurrence or the maximum amount permitted by law, whichever is less. Sip-Up Advertising, LLC reserves the right to require certified funds, ACH, wire transfer, or credit card payment after any failed or disputed payment transaction. Sip-Up Advertising, LLC further reserves the right to suspend, delay, cancel, or terminate any pending orders, services, deliveries, advertising placements, or future business transactions until all outstanding balances, fees, and costs have been paid in full.

 Sales Taxes.
If applicable, we shall automatically charge and withhold the applicable sales tax for purchases. You shall be solely responsible for all sales taxes, national, state, local laws of the user’s locale, or other taxes, on your purchases.
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Advertising Policies.
All restaurant/Bar advertising locations are first-come, first-serve, and based on the needs of each location. We are not responsible for any delays in putting advertising materials into rotation at a location, including but not limited to delays due to previous orders or shipments. Locations use drinkware as needed, and we have no control over this timeframe. We are not in control of a restaurant locations usage of drinkware. Drinkware is occasionally purchased by the location or given to them by beverage distributors. We do not guarantee the timeline of the usage of your advertising materials. Results may vary from client to client and we make no representations, warranties, or guarantees of outcome. Sip-Up Advertising, LLC does not guarantee any specific advertising performance, customer traffic, lead generation, sales increase, business growth, return on investment, impressions, or marketing results from any product or service offered.
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The purchase of products or services, payment of an invoice, or participation in any Sip-Up Advertising, LLC program does not constitute exclusivity unless expressly stated in a separate written exclusivity agreement. This includes but not limited to the different products or services that a restaurant/bar receives from us. No business is exclusive to Sip-Up Advertising, we represent many clients in many professions and at any time may be providing marketing and advertising services to clients that are directly or indirectly competitors with each other.
 
Exclusive territories may be available for purchase subject to a separate written exclusivity agreement and any additional applicable terms and conditions.. The views and opinions expressed in the advertisement on the products we sell are those solely  of the client who ordered them and do not necessarily reflect the views, opinions, official policy, or position of Sip-Up Advertising, LLC, its client’s, affiliates, subcontractors, or partners. Any content provided by our clients is of their opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything.
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Termination of Agreements and Refunds Policy.
Both the customer and Sip-Up Advertising, LLC reserve the right to cancel or terminate any order, service, or business relationship at any time, including services that are currently underway, subject to these Terms & Conditions. No refunds shall be offered, where a service or order is deemed to have begun and is, for all intents and purposes, underway, been partially paid or paid in full and after products have been delivered. Any monies that have been paid to us which constitute payment in respect of the provision of unused products or services shall not be refunded.
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Availability.
Unless otherwise stated, the services and products featured on this Website are available throughout the United States. Sip-Up Advertising, LLC provides products, advertising services, and promotional campaigns to clients, restaurants, bars, venues, and partners nationwide. All advertising and services are intended solely for the United States market and are governed by applicable federal, state, and local laws.

 

Accessibility Statement.

Sip-Up Advertising, LLC is committed to making its Website accessible and usable for all individuals, including persons with disabilities. We strive to maintain accessibility consistent with applicable standards and continuously work to improve the user experience for everyone. If you experience any difficulty accessing any part of this Website or require assistance, please contact us and we will make reasonable efforts to provide the information, products, or services you seek through an alternative communication method or accessible format.

 

Electronic Communications.

By using this Website, submitting information, or purchasing products or services from Sip-Up Advertising, LLC, you consent to receive electronic communications from us including invoices, approvals, notices, disclosures, updates, marketing communications, and other business-related correspondence. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.

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SMS Communications.

By providing your phone number to Sip-Up Advertising, LLC, you consent to receive calls and text messages related to orders, services, account updates, marketing, and promotional communications. Message and data rates may apply. Consent is not a condition of purchase. You may opt out at any time by replying STOP.

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User Content and Submissions.

Any comments, reviews, testimonials, feedback, suggestions, or other materials submitted to Sip-Up Advertising, LLC through the Website, email, social media, or other communication channels may be used by Sip-Up Advertising, LLC for marketing, promotional, or business purposes unless otherwise prohibited by law. You represent that any materials submitted by you do not violate the rights of any third party.

 

Website Use Restrictions.

You may not reproduce, duplicate, copy, sell, resell, scrape, exploit, or commercially use any portion of the Website, its content, graphics, layouts, branding, text, or materials without prior written permission from Sip-Up Advertising, LLC.
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Log Files.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission.
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Cookies.
Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies for which we are not responsible or liable.
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Links From This Website.
We do not monitor or review the content of other party’s websites that are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
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Copyright Notice.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

​“Sip-Up®” is a registered trademark of Sip-Up Advertising, LLC with the United States Patent and Trademark Office (“USPTO”). All Sip-Up logos, branding, slogans, service marks, trademarks, trade dress, and related intellectual property are the exclusive property of Sip-Up Advertising, LLC and may not be used, copied, reproduced, modified, distributed, or displayed without prior written permission. All other company names, trademarks, products, and services referenced on this Website are the property of their respective owners.
 
Force Majeure.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood, pandemic, federal or state mandate, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If such an event occurs, the affected party shall make reasonable efforts to notify the other party and resume performance as soon as reasonably possible.
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Our company shall not be held liable for any failure to perform any obligation under an Agreement, which is due to an event or action executed, by one of our partners.  This includes, but is not limited to, business failure, temporary closures or changes in hours due to state or federal mandates, change of ownership, breach of contract, or discontinuance of any services, business, or agreement.
 
Copyright Infringement.
Reporting to Copyright Agent (DMCA Policy)
If you are a copyright owner or agent thereof and believe that any of the content on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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.
 
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
 
Our Copyright Agent can be reached as follows:
 
By mail: ATTN: Copyright Agent
_________________________
_________________________
By e-mail: ________________
 
 
Counter Filing (DMCA)
Pursuant to 17 U.S.C. § 512(g) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider and you feel you must submit a counter notification regarding the content that has been removed from our Website, you must submit – in writing – a counter notification that includes the following: (i) your physical or electronic signature; (ii) your name, address and phone number; (iii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iv) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (v) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.) or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and (vi) your consent to accept service of process from the person who provided the notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
 
Our Copyright Agent can be reached as follows:
 
By mail: ATTN: Copyright Agent
_________________________
_________________________
By e-mail: ________________
 
Please note that you may be liable for any damages (including costs and attorneys’ fees) if you materially misrepresent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content or activity infringes on the copyrights of others, we advise you to consult with an attorney.
 
Waiver.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision unless expressly acknowledged in writing by Sip-Up Advertising, LLC.
 
General.
These Terms & Conditions are governed by the laws of the State of North Carolina and applicable United States federal law. By accessing this website, and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any provision of these Terms & Conditions shall not constitute a waiver of such provision or any other provision., or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. Sip-Up Advertising, LLC reserves the right to amend, modify, update, or replace these Terms & Conditions at any time by posting updated terms on the Website.

Notification of Changes.
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site, customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis as they will be binding on you. These Terms & Conditions govern your access to and use of the Website and any products or services offered by Sip-Up Advertising, LLC. By accessing or using this Website, purchasing products or services, submitting information, or otherwise interacting with Sip-Up Advertising, LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
 
Geographic Restrictions.
Sip-Up Advertising, LLC is a United States-based company providing services throughout the United States. We provide this Website for use by persons and businesses located within the United States. We make no representation that the Website or any of its content is appropriate or available outside the United States. Persons who choose to access the Website from outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
 
Arbitration.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.
 
Severability.
Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.