Terms of Service

Thank you for using Beer Butler! (Gopherit, Inc.)! These Terms of Service (“Terms”) govern your use of the Gopherit, Inc., “Beer Butler” services, including our website, our mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Gopherit, Inc., “Beer Butler” (the “Services”), and are entered into by you and (d/b/a Gopherit, Inc., “Beer Butler”), a New York corporation (“Gopherit, Inc.).

By using the Services, you agree to be bound by these Terms and acknowledge our Privacy Policy, which explains how we collect, use, and share information.

The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts from which you can select goods for picking, packing and delivery by individual personal shoppers (“Personal Shoppers”) to your location. In some cases, picking, packing or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).

When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers that are selected. Unless otherwise specified, you acknowledge and agree that Gopherit, Inc., “Beer Butler” and the Personal Shopper are acting as your agents in picking, packing and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer that was selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that Gopherit, Inc., “Beer Butler” or the applicable retailer will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the retailer and any separate Gopherit, Inc., “Beer Butler” fees, and your card will be charged for the goods purchased by you and any applicable fees.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Gopherit, Inc., “Beer Butler”, Gopherit, Inc., “Beer Butler” does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

  1. Your Use of the Services

Gopherit, Inc., “Beer Butler” grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.

Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Gopherit, Inc., “Beer Butler” a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Gopherit, Inc., “Beer Butler” may, in its sole discretion, remove or take down any content that you upload or submit to the

Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Gopherit, Inc., “Beer Butler” on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that your are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. Gopherit, Inc., “Beer Butler” reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant Gopherit, Inc., “Beer Butler” the right to use such feedback or comments for any purpose without restriction or payment to you.

  1. Gopherit, Inc., “Beer Butler” Communications

By creating an Gopherit, Inc., “Beer Butler” user account, you agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Gopherit, Inc., “Beer Butler”, its affiliated companies and/or Shoppers, including but not limited to communications concerning orders placed through your account on the Gopherit, Inc., “Beer Butler” platform. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account settings. You may also opt-out of receiving text messages from Gopherit, Inc., “Beer Butler” by replying “Off” from the mobile device receiving the messages.

  1. Billing and Payments

We accept Visa, MasterCard, American Express and Discover. In using our services, you may be charged local sales tax. By registering to become a member and providing your payment information, you agree that we may save your payment information for your convenience.

If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.

The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.

  1. Transactions involving Alcohol

You agree that you will comply with all applicable laws and not cause Gopherit, Inc., “Beer Butler”, your Personal Shopper, or any retailer to contravene any applicable laws. If you receive your delivery, you agree that you are 21 year of age or older if you order alcohol products. If you order alcohol products, you understand and acknowledge that neither Gopherit, Inc., “Beer Butler” nor Personal Shopper can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Personal Shopper delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Gopherit, Inc., “Beer Butler” reserves the right to cancel the alcohol-related portion of your order.

Gopherit, Inc., “Beer Butler” does not, and does not intend to, make sales of alcohol beverages. Each retailer is the seller of record for the particular products promoted on Gopherit, Inc., “Beer Butler” and sells to you. Gopherit, Inc., “Beer Butler” HAS NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY RETAILERS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL PRODUCTS PROMOTED OR ACQUIRED THROUGH Gopherit, Inc., “Beer Butler”.

We reserve the right, in our sole discretion, to refuse to offer the delivery of certain items. In the event we choose to refuse to offer certain products after you have placed your order but before the product is delivered to you, we may cancel the portion of your order related to that product and issue a credit to your bank or credit card account in the amount of your cancelled charge.

  1. Third-party Products and Content

You agree that Gopherit, Inc., “Beer Butler” does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Gopherit, Inc., “Beer Butler” will have no liability based on such purchase, use or access.

  1. Intellectual Property Rights

The Site and the content of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by Gopherit, Inc., “Beer Butler”, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. Subject to these Terms, Gopherit, Inc., “Beer Butler” grants you a limited, non-exclusive, non-transferable license to download, install and use the Site for your personal, non-commercial use on a mobile device or computer owned or otherwise controlled by you. You may not:

  1. Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site or material from the Site;
  2. Copy the Site or modify copies of any materials from the Site;
  3. Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site;
  4. Create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Site (without prior written approval by Gopherit, Inc., “Beer Butler”);
  5. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
  6. Use the Site for any unlawful purposes or in any way that violates any applicable federal, state, local or international law or regulation;
  7. Use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  8. Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam; or
  9. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Gopherit, Inc., “Beer Butler” or users of the Site or expose them to liability.

All trademarks, service marks and trade names of Gopherit, Inc., “Beer Butler” on the Site are trademarks or registered trademarks of Gopherit, Inc., “Beer Butler” or their respective owners. You may not use such marks without Gopherit, Inc., “Beer Butler”’s or the respective owner’s prior written consent or as provided below in “Third Party Links and Sites”.

You acknowledge and agree that the Site is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms or any other rights thereto other than to use the Site in accordance with these Terms. Gopherit, Inc., “Beer Butler” and its licensors reserve and retain their entire right, title and interest in and to the Site, except as expressly granted to you in these Terms.

Through your use of the Site, you may be able to submit, upload, publish or otherwise make available to Gopherit, Inc., “Beer Butler” textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and Gopherit, Inc., “Beer Butler”, any Content that you provide remains your property. However, by providing Content to Gopherit, Inc., “Beer Butler”, you grant Gopherit, Inc., “Beer Butler” and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Site.

  1. Third-Party Links and Sites

The Site may link to other websites operated by third parties. We have no control over these linked sites, each of which has a separate privacy and data collection practices independent of Gopherit, Inc., “Beer Butler”. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

The following organizations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval:

  1. Government agencies;
  2. Search engines;
  3. News organizations;
  4. Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
  5. Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.

The above-listed organizations may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

  1. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gopherit, Inc., “Beer Butler” DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, Gopherit, Inc., “Beer Butler” MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Gopherit, Inc., “Beer Butler” DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

YOU AGREE THAT NEITHER Gopherit, Inc., “Beer Butler” NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER Gopherit, Inc., “Beer Butler” NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.

If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release Gopherit, Inc., “Beer Butler” (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. Furthermore, you expressly waive any rights you may have under New York Civil Code (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL Gopherit, Inc., “Beer Butler” (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL Gopherit, Inc., “Beer Butler” (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Gopherit, Inc., “Beer Butler”, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Gopherit, Inc., “Beer Butler” FOR THE PAST 12 MONTHS OF THE SERVICES.

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless Gopherit, Inc., “Beer Butler” and its officers, directors, employees, agents, shareholders, affiliates,and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

  1. Disputes & Arbitration

If you have a dispute with Gopherit, Inc., “Beer Butler” arising out of your use of the Services, this Section 9 applies. You agree to contact us first and attempt to work out any such dispute amicably.

For residents of the United States, you agree to the following mandatory arbitration provisions:

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Gopherit, Inc., “Beer Butler” agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Gopherit, Inc., “Beer Butler” ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.

PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at arbitration-opt-out@Gopherit, Inc., “Beer Butler”.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.

The arbitration will be held in the United States county where you live or work, Utica, New York, or any other location we mutually agree upon in writing.

Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, Gopherit, Inc., “Beer Butler” will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). Gopherit, Inc., “Beer Butler” will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

  1. Termination

You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice. In the event of Termination, Section 1 and Sections 4-15 survive and continue to apply to you.

  1. Controlling Law

These Terms will be governed by the laws of the State of New York, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 9 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Oneida County, New York, USA, and you and Gopherit, Inc., “Beer Butler” consent to the personal jurisdiction of those courts.

  1. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with Gopherit, Inc., “Beer Butler”, shall constitute the entire agreement between you and Gopherit, Inc., “Beer Butler” with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

  1. No Waiver

Gopherit, Inc., “Beer Butler”’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

  1. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Gopherit, Inc., “Beer Butler” may assign its rights, licenses, and obligations under these Terms without limitation.

  1. Changes to the Terms

We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

  1. Copyright Policy

Gopherit, Inc., “Beer Butler” respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Gopherit, Inc., “Beer Butler” will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.

If you believe any content posted or made available on the Gopherit, Inc., “Beer Butler” Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Gopherit, Inc., “Beer Butler”’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Gopherit, Inc., “Beer Butler” Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Gopherit, Inc., “Beer Butler”

ATTN: Copyright Agent

711 Columbia St.

Utica, NY 13502

copyright@Gopherit, Inc., BeerButlerServices.com

  1. Contact Information

If you have any questions, complaints or comments about the Services contact us at:

Gopherit, Inc., Beer Butler Services

711 Columbia St.

Utica, NY 13502

legal@BeerButlerServices.com

For customer service inquiries visit our Help Center.