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Terms & Conditions

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.

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.

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, upon purchasing any of our products or services your consent is assumed for our company’s mailing list emails detailing sales offers and other information.

 

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.

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.

Governing Law, Etc.

This Agreement shall be a contract made under the laws of the State of New York and for all purposes shall be governed by and interpreted in accordance with the laws of the State of New York (except to the extent the same are superseded by federal law). Company and Client hereby expressly submit to the jurisdiction of any federal or state court sitting in the State of New York and specifically in the County of Monroe for purposes of any suit, action, or proceeding arising out of or related to this Agreement.

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.

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.

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.

Payment
Personal/Business Checks, Visa, and Mastercard are all acceptable methods of payment. Our Terms are payment in full upon the execution of a Sale or Service Agreement for product advertising.  Any balance that remains outstanding after the due date will incur a late payment fee of $9.95, or the highest amount allowed by law, whichever is lower. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In the advent of legal action in the process of collection, you agree to pay all costs and expenses of collection, including reasonable attorney’s fees, whether or not litigation is commenced.

 

Returned checks will incur a $50.00 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement. Consequently, all programming updates and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered 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.

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.

The client understands that the execution of a Service Agreement or payment of an invoice/order does not constitute an agreement for exclusivity. 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 are available for purchase by client’s through the execution of an Exclusivity Agreement and subject to the additional terms and conditions contained therein.

Results may vary from client to client and we make no representations, warranties, or guarantees of outcome.

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.

Termination of Agreements and Refunds Policy

Both the Client and We have the right to terminate any Sale or Service Agreement for any reason, including the ending of services that are currently underway. 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.

Availability 
Unless otherwise stated, the services and products featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely, or error-free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.

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.

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.

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.

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 TM,SM and this Company’s logo are  trademarks of this Company, both in the United States and other countries, and may not be used without permission. The names of other companies, products and services are the property of their respective owners.  


We have several different e-mail addresses for different queries. These, & other contact information, can be found throughout our website or via Company literature or via the Company’s stated telephone number.

 

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. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

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 of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 

General
The laws of the United States govern these terms and conditions. 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 of the provisions set out in these Terms and Conditions and any Agreement, 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. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

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 and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with 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 New York 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.

Terms and Conditions

 

By “Opting In” to or using a Sip-Up™ “Text Message Service” (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes with Sip-Up™ through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.

Opting In

By Opting In to a Text Message Service:

  • You authorize Sip-Up™ to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize Sip-Up™ to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.

  • You are signing your Opt-In to the Text Message Service.

  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please call 1-888-237-8289. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.


After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
 

About the Text Message Services and Opting Out

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Sip-Up™ may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST Sip-Up™ ARISING OUT OF OR RELATING IN ANY WAY TO ANY Sip-Up™ TEXT MESSAGE SERVICE.

Definitions

  • “Text Message Service” includes any arrangement or situation in which Sip-Up™ sends (or indicates that it may send, or receives a request that it send) one or more text messages.

  • “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.

Texting Terms & Conditions

Texting
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