Terms of use.
This Terms of Use Agreement ("Agreement") between each user (“User” or “you”) and Eaves LLC and all subsidiaries and other affiliated companies (collectively, "Eaves" or "we") governs your use of our websites including but not limited to Eaves Blind (“Sites”). By using the Sites, you agree that you have: (1) read this Agreement completely; and (2) agree to be bound by this Agreement. You may not use, access, or otherwise utilize the Sites if you do not agree to the terms and conditions contained in this Agreement. The terms of this Agreement may change from time to time; it is your responsibility to review this Agreement regularly. Material changes will be posted on the Sites for a reasonable period of time after such changes are made. The “Last Updated” stamp located at the bottom of this page will be updated whenever a change is made. By continuing to use the Sites after changes have been made, you agree that you have: (1) read and understand the changes; and (2) agree to be bound by the updated terms of this Agreement. Any additional guidelines or policies incorporated into the Sites are hereby incorporated by reference into this Agreement.
Usage of Sites. You may need to establish an account on the Sites in order to use the Sites. You agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Sites; and (2) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Sites facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or EAVES has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, EAVES has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you.
To download, install, access or use the App, you must be 21 years of age or over. If EAVES suspects you are under 21 years of age, EAVES has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you. By using the Sites, you swear and affirm that you are over the age of 21. Without exception, every person using the Sites or receiving a shipment of alcoholic beverages must be over the age of 21. Parents, consider installing a commercially available parental control service or program on your computer to prevent your children from accessing age-restricted content.
You agree not to reproduce, duplicate, copy or re-sell the Sites or any part of the Sites save as may be permitted by these Terms of Use.
You must provide your own mobile device and other necessary equipment in addition to Internet connectivity and telecommunication links to access the Sites. We have no responsibility or liability for any costs that you incur due to your use of the Sites.
Any alcohol purchased via the Sites must be for personal consumption and not for resale.
You may need to create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (1) immediately notify EAVES of any unauthorized use of your password or account or any other breach of security; and (2) ensure that you exit from your account at the end of each session.
You agree that, when you provide the sites with your credit or debit card details, you are confirming that you are the card holder or have permission from the card holder to use the card on this site. For your own safety, we reserve the right to contact your card issuer for the purposes of carrying out security checks.
We reserve the right to cancel any orders that cannot be fulfilled for any reason. If you order is cancelled, we will contact you to explain why and refund any money you have paid us for that order.
Several states restrict the maximum volume of liquor a single person or single household can receive in a given time period, e.g., month or year. If your order exceeds the allowable volume in your state, we will cancel the order, contact you, and refund any money you have paid us for that order.
We reserve the right to change the price and availability information without notice. The Sites shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, discount, or containing any other incorrect information or typographical errors.
You agree to use the Sites only for lawful purposes. Further, you agree that you are responsible for all use of the Sites under your account. You agree not to use any of the Sites in any manner that interferes with its normal operation or with any other user's use and enjoyment of any of the Sites. You further agree that you will not access any of the Sites by any means except through the interface provided by EAVES for access to any of the Sites.
EAVES makes no representation that products described and referred to in the Sites are available in all jurisdictions especially those outside the United States, or that this Agreement complies with the laws of any other country besides the United States. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not EAVES, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or EAVES. You may terminate this Agreement by discontinuing your use of the Sites. EAVES may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to any of the Sites, if in EAVES's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or EAVES. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from any of the Sites, as well as all copies of such materials, whether made under the terms of use or otherwise. EAVES reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Sites (or any part thereof) with or without notice.
You agree that EAVES may terminate or suspend your access to all or part of any of the Sites, without notice, for any conduct that EAVES, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or EAVES.
You agree to refrain from interfering with or disrupting any of the Sites or servers or networks connected to any of the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to any of the Sites, collect or store personal data about other users of any of the Sites, and gain access to unauthorized areas of any of the Sites or our network or servers.
We make no warranty that your access to the Sites will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Sites may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
We do our best to ensure that shipments arrive quickly and in good condition. For that reason, if the weather is too hot or too cold, we may delay shipment until conditions are more favorable. We will keep you notified if this happens.
We deliver only to people aged 21 and over. You will need to show a valid ID to receive your shipment.
If your order goes missing or is damaged between dispatch and delivery, we will send you a replacement order as soon as we can. If we are unable to dispatch replacement goods within 30 days, we will offer you a full refund.
Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of any of the Sites, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
Information Collected. We will be collecting the following information directly from you in order to create your user profile on our Sites:
Name
Username
Email
Address
Shipping and billing addresses,
Phone number,
Credit card information,
Order details
Use of Information. EAVES will use your information for the following purposes:
Establish and manage your account;
Identify and authenticate your account;
Provide customer and technical support and respond to inquiries;
Communicate with you regarding news updates, notices, special promotional offers, advertisements and marketing materials, our products and services, or other information that may be of interest to you;
Communicate about, and administer participation in, special events, programs, promotions, offers, surveys, focus groups and market research;
Communicate about, and administer participation in, special events, programs, promotions, offers, surveys, focus groups and market research;
Increase and maintain the safety and security of our products and the Online Channels and prevent misuse;
Operate, administer, evaluate, develop, manage and improve our business (including operating, administering, analyzing and improving our products and services; developing new products and services; performing analytics (including market research, trend analysis, financial analysis, and anonymization and aggregation of personal information); managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
Protect against, identify, and prevent fraud and other criminal activity, claims and other liabilities; and
Comply with and enforce applicable legal requirements and relevant industry standards and policies, such as this Agreement.
Process orders and payments.
We also may use the information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.
Sharing Information. We do not sell or otherwise share personal information
about you except as described in this Agreement. We may share your personal information with: (1) our affiliates; and (2) our service providers who perform services on our behalf, such as mailing services and billing services. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may disclose information about you: (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation)
Protection. We maintain safeguards designed to protect personal information
against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Children’s Personal Information. The Sites are designed for a general audience
and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of 21 (or other relevant age, as applicable pursuant to relevant law) through the Sites. If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records.
California Consumer Privacy Statement. This California Consumer Privacy Statement
supplements the Privacy Policy and applies solely to California consumers. This Statement does not apply to EAVES personnel. This California Consumer Privacy Statement uses certain terms that have the meanings given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
Notice of Collection and Use of Personal Information. We may collect the following categories of personal information about you:
Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as device identifier, telephone number, customer number, cookies, beacons, pixel tags, mobile ad identifiers and similar technology), online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers
Commercial Information: Account balance, order history, customer service contacts, and other purchasing or consuming histories or tendencies.
Protected Classifications: characteristics of protected classifications under California or federal law, such as gender, age, race, and veteran and disability status
Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may use the categories of personal information listed above for the purposes described in this Policy. In addition, we may use these categories of personal information for certain business purposes specified in the CCPA, as described in this table:
Purposes
Categories of Personal Information
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
Debugging to identify and repair errors that impair existing intended functionality
Undertaking internal research for technological development and demonstration
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
Identifiers
Protected Classifications
Inferences
Facilitation of access and use of the Sites
Purchase of our products
Assist in communicating with you and resolving your inquiries
Ensure compliance with laws and regulations
Commercial Information
Sources of Personal Information. We may have obtained personal information about you from various sources, as described below.
Categories of Sources of Data Collection
Categories of Personal Information
Directly from you through the Sites
Identifiers
Protected Classifications
Inferences
Commercial Information
Sharing of Personal Information. We may share your personal information with certain categories of third parties, as described below.
Categories of Third Parties
Categories of Personal Information
Our affiliates
Vendors who provide services on our behalf
Professional Services Organizations, such as auditors and law firms
Joint Marketing partners
Online advertising services
Government entities
Our business partners
Internet service providers
Data analytics providers
Operating systems and platforms
Identifiers
Protected Classifications
Inferences
Commercial information
Do Not Track Setting. The Sites do not track users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.
California Consumer Privacy Rights. You have certain choices regarding your personal information, as described below.
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected.
Deletion: You have the right to request that we delete certain personal information we have collected from you.
How to Submit a Request. To submit an access or deletion request, email _______________.
Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign in to your account or requiring you to respond to an email from the email address associated with your account. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access or deletion request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).
Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. Please contact _______________ to request this Statement in an alternative format.
Jurisdiction. This Agreement shall be governed by and interpreted and construed in accordance with the laws of the Commonwealth of Kentucky, U.S.A., regardless of the principles of conflicts of laws applied by Kentucky or any other jurisdiction. This is the entire agreement and understanding of the parties. Any suit, action or other proceeding seeking to enforce any provision of, or based upon any right arising out of, this Agreement, shall be brought in the appropriate court in northern Kentucky. Each party irrevocably consents and submits to the jurisdiction and venue of this court and irrevocably waives any objection which it may now or hereafter have to the laying of the venue of any suit, action or proceeding brought in this court and any claim that the suit, action or proceeding has been brought in an inconvenient forum.
Dispute Resolution and Waiver of Class, Consolidated and Representative Claims
IT IS IMPORTANT THAT YOU READ THIS SECTION OF THE AGREEEMENT CAREFULLY.
This Section 6 of the Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.
Any dispute or claim relating in any way to your use of any of the Sites or your receipt of any communications from EAVES (including, but not limited to, any text messages or emails) shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL EAVESACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, either party must send a letter requesting an arbitration and describing the claim to the other party. To begin an arbitration proceeding against EAVES, you must send a letter requesting arbitration and describing your claim to ____________. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. EAVES will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Survival. Sections 5-15 shall survive any termination of this Agreement.
Warranties. Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law. We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
You represent and warrant that (a) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
Operators. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”). Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.
Limitation of Liability. You hereby release Eaves LLC, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App users.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
Indemnification. You agree to indemnify and hold EAVES and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Severability; Interpretation. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof.
Miscellaneous. Any failure by EAVES to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
Contact Information. If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.
Last Updated: 10-23-2020
Effective Date: 10-01-2020