Terms of service

GENERAL TERMS OF SERVICE AND USER CONDUCT GUIDELINES

This Site is operated by Liberty in a can LLC (“Liberty”). (Throughout the site, the terms “we,” “us” and “our” refers to Liberty. Please read these terms of use (“Terms,” “Terms of Service”) carefully before you start to use our site.

This Site is intended solely for the personal use of individuals who are legally allowed to buy and consume hemp-infused beverages in locations where the sale, promotion, and consumption of these beverages is permitted by law. By accessing and using this Site, you represent that you are of adequate age to buy and consume our products, and that you accept and agree to comply with these Terms herein. If you do not agree to comply, please cease using this Site immediately.

Please exit our Site immediately if you are not of legal age for consuming hemp-infused beverages in the country, state, territory or other locality in which you are located, or if you are accessing our Site from a locality where the use of our Site is not permitted.

By accessing or making a purchase from our Site, you engage in our Service and agree to be bound by the terms and conditions ("Terms," "Terms of Service") outlined below. This includes any additional terms, conditions, or policies referenced herein or made available through a hyperlink. The following Terms apply to all users without exception, including costumers, browsers, vendors, merchants, or content contributors. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We may revise these Terms of Use at any time by amending this page. We also reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice.

It is the responsibility of the user to review the most current version of the Terms of Service when using this Site. User is hereby made aware that we reserve the right to add new features or tools, including features or tools that are added to our store, and that these will also be subject to the Terms. Your ongoing use of or access to the website after such changes have been posted signifies that your acceptance to any such changes or updates.

By accessing and utilizing our Site, you agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service, including access and any content available through the website that delivers the Service, unless you have our explicit written approval. Additionally, you agree not to use our products or services for any purposes that are illegal or not authorized under the laws or regulations of your jurisdiction. This prohibition includes, but is not limited to, refraining from any activities that could violate any laws or regulatory requirements applicable to you.

SITE SECURITY AND PROHIBITED USES 

You are prohibited from using our site or its content for unlawful purposes. This includes, but is not limited to, engaging in activities that compromise the site's integrity, functionality, or security. Prohibited activities include, but are not limited to, violating any law or regulations; engaging in or soliciting illegal acts; introducing malicious code such as viruses, worms, or Trojan horses; unauthorized access to data; using our site to collect personal information without consent, or for phishing, spamming, or similar activities; discriminatory behavior; using the service for obscene or immoral purposes; or any action that infringes upon the intellectual property or privacy rights of others. Additionally, you must not engage in denial-of-service attacks, spamming, or other disruptive or deceptive practices that can negatively affect our site.

We are not liable for any damages arising from these activities and maintain the right to limit or end service usage if these terms are violated. Any attempt to bypass security measures, misuse personal data, or exploit the service for unauthorized, improper, or illegal purposes may lead to the immediate termination of your access to our services.

Our Site is not responsible for any loss or damage resulting from attacks such as DDoS or from malicious code that might be downloaded from the site or linked sites such as third-party links on our Site. To the fullest extent authorized by law, we disclaim liability for any loss or damage that may result from security breaches, data breaches, data loss, or related harm. This includes damage to computer equipment, programs, data, and other proprietary materials of the users due to security breaches or attacks.

Furthermore, you acknowledge and agree that your content, except for credit card details, may be transmitted in an unencrypted form. This includes potential transmissions across various networks and modifications necessary to adapt and conform to the technical specifications of connecting networks or devices. However, please be assured that credit card information is always encrypted when being transferred over networks.

PRICING, PRODUCT CHANGES, AND SERVICE MODIFICATIONS

Prices for our products are subject to change without notice, and we reserve the right to modify or discontinue the Service, or any part of it, at any time without notice. Online purchases must adhere to our Shipping & Returns Policy.

Product pricing, descriptions, and availability are subject to change at any time and without notice, at our discretion. This means we can increase or decrease prices, alter details or descriptions, or discontinue any product without prior notice. We do not guarantee that the quality of products, services, information, or other materials purchased will meet your expectations, nor do we promise that any errors in the service will be corrected. While we strive to maintain service quality, not every issue may be resolved to the customer’s satisfaction.

ARBITRATION

In the event of any dispute or controversy arising out of or in any way related to this Agreement (a “Dispute”), the Parties will attempt in good faith to resolve such Dispute through negotiation. Either Party may initiate negotiations of any Dispute by providing written notice to the other Party, setting forth the subject of the Dispute. The recipient of such notice will respond in writing within ten (10) calendar days with a statement of its position on and recommended solution to the Dispute. If the Dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority will meet at a mutually agreeable time and place within thirty (30) calendar days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the Dispute.

If the Dispute is not resolved by these negotiations, such Dispute shall be settled exclusively by final and binding arbitration in Fort Lauderdale, FL in accordance with Commercial Arbitration Rules of the American Arbitration Association currently in effect.

The Parties submit and consent to the exclusive jurisdiction of the state courts in Fort Lauderdale, FL to compel arbitration, to confirm an arbitration award or order, or to handle other court functions exclusively in accordance with the Revised Florida Arbitration Code. The Parties may seek recognition and enforcement of any Florida state court judgment confirming an arbitration award or order in any U.S. state court or in any court outside the United States and its territories. The Parties expressly waive any right of removal to the United States federal courts, and the Parties expressly waive any right to compel arbitration, confirm any arbitral award, or seek any aid or assistance of any kind in the United States federal courts. By entering into this Agreement, the Parties are waiving their constitutional right to have any Disputes decided in a court of law or before a jury and waive the right of appeal, and instead of relying on said rights, each Party is solely and knowingly accepting the use of arbitration as a means of resolution of any Disputes. The Parties agree that this clause has been included to rapidly and inexpensively resolve any disputes between them with respect to this Agreement.

The laws of the State of Florida, including the Revised Florida Arbitration Code, shall apply exclusively as the laws governing this arbitration agreement between the Parties, with the sole exception of the Florida choice of law provisions, which shall not apply.

SALES RESTRICTIONS AND ORDER ACCEPTANCE POLICY

Offers for any products or services made on this Site are invalid where prohibited by law. We reserve the right to to restrict the sale of our products or services to specific individuals, geographic areas, or jurisdictions as deemed necessary. Such restrictions may be imposed at our discretion on an individual case basis, determining eligibility for purchasing its products and the destinations to which these products may be delivered. Furthermore, we may also exercise the right to cap the quantities of any products or services available for purchase, potentially limiting the number of items a customer can buy.

We, further, reserve the right to refuse any order placed with us for any reason. We also reserve the right to impose limits on quantities of items that can be purchased. This can include but is not limited to limits per person, per household, per order, per billing or shipping address, or per credit card. These requirements are, in part, put in place to, at our discretion, limit or prevent bulk purchasing that might indicate resale or distribution rather than personal use.

Payment authorization is performed Bankful/Valmar. By making a purchase, you authorize our payment processor Bankful and/or Valmar and Shopify to verify the card information you supply and to debit the card for the total amount of your order. Orders that fail authorization or fraud screening may be automatically cancelled. If an order is modified or cancelled, we will attempt to inform you through the email provided at the time of order.

While this Site is operated by Liberty in a Can LLC, our online store and checkout are powered by the Shopify platform (including Shop Pay accelerated checkout). As such, Site use or purchase is also subject to Shopify’s Terms of Service.

Prices shown are charged in U.S. dollars; final charge may include tax calculated by Shopify’s tax engine or by Bankful at checkout.

ACCURACY OF CUSTOMER INFORMATION AND USER CREDENTIALS

Abiding by our Terms requires that you provide us with accurate, truthful, complete, and current information for any and all transactions made at our store. It is your sole responsibility to update your account and related details—including, but not limited to, your email, shipping or billing address, and credit card information—so that we can process your transactions timely and efficiently.

If you are given a username as part of registration, you must keep this username and any associated passwords confidential and not disclose them to any third party. We are not responsible or liable for any loss or damage that may occur as a result of unauthorized use of your username and password by a third party. We reserve the right to disable any user identification code or password at any time if we believe you have not adhered to any of the provisions of these terms of use.

ACCURACY OF SITE INFORMATION

We reserve the right to correct any errors, inaccuracies, or omissions in the information provided on the service or any associated websites. This includes the authority to change or update information and cancel orders if any information is found to be incorrect, even after an order has been submitted by a customer.

We are under no obligation to continuously update, amend, or clarify information presented, including pricing or other critical data, unless required by law. This means that the information available on the Site at any given time may not be the most current or accurate. No update or refresh date mentioned on the service or any related website should be taken as an assurance that all the information on these platforms has been modified or updated.

INCORPORATION OF PRIVACY POLICY

By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is hereby incorporated into these Terms of Service by reference. If you do not agree to our Privacy Policy, you must immediately cease using the Site and Services.

RISK OF LOSS 

When you purchase physical items from our store, the sale is subject to a shipment contract. Under this contract, the ownership and risk of loss of the items transfer to you when we hand over the items to the shipping carrier.

THIRD PARTY TOOLS AND THIRD-PARTY MATERIALS

Our Site may provide you with access to tools developed and maintained by third parties (“third-party tools”), which our Site does not monitor or control. Such tools are offered "as is," which means we do not provide warranties, guarantees, or representations regarding their quality, performance, accuracy, or reliability. Additionally, we do not endorse any of these tools; our Site simply provides access to them without official support or recommendation.

We hereby explicitly make you aware that you use these third-party tools are at your own discretion and risk. We advise that you familiarize yourself with and agree to the terms of service and privacy policies of these third-party tools before using them, as these terms will govern your use. Our Site disclaims any liability related to the use of third-party tools, and we are not responsible for any damage or loss that may result from their use.

While using our site, you may encounter third-party materials, including links to third party websites (“third-party links”), content, products, or services not affiliated with us. Clicking on these links will direct you to websites owned by third parties, which are neither controlled nor maintained by us. Before using, purchasing, or otherwise engaging with any third-party website, you are hereby advised to familiarize yourself with and agree to the terms of use/service and privacy policy of these sites. We are not liable for third-party interactions, which means that if something goes wrong while you interact with them, we are not responsible for any resulting damages. If you have any issues with a third party's product or service, you must address these issues directly with the third party.

THIRD PARTY SERVICE PROVIDERS

We reserve the right to use third-party providers to operate key parts of the Service, including but not limited to Shopify (cart and checkout platform), Bankful/Valmar Merchant Services (payment processing), and Klaviyo (email and SMS communications). By transacting on our Site, you agree to be bound by the separate terms, conditions, and policies of these providers. We are not responsible for their acts, omissions, or service interruptions. It is your responsibility to review their terms before using our Site. If you do not agree to their terms, you should not use our Site. For more information, please refer to:

• Shopify Terms and Conditions;
• Bankful Terms of Service;
• Klaviyo Terms of Service;

You, furthermore, agree that services provided by Shopify, Bankful/Valmar Merchant Services, Klaviyo, and any other third party used in connection with our products or services are offered “as is” with no uptime or performance commitments. Each vendor may suspend or alter its service at any time—see their own terms and policies for details and remedies. 

USER SUBMISSIONS, COMMENTS, AND CONTENT RESPONSIBILITY

When you submit materials, ideas, comments, feedback, or any other content to our site—whether voluntarily or in response to, for example, a contest—you grant us an irrevocable, non-exclusive license to use, edit, copy, publish, translate, display, and distribute your submissions in any format without restriction. You acknowledge that by providing content, you waive any rights to confidentiality, compensation, and other proprietary interests in your submissions. This content may remain visible on our site and to third parties even if deleted by you, due to prior interactions. It is your responsibility to ensure you have all necessary rights and permissions to submit such content. We are not responsible for, nor liable to any third party for, the accuracy or content of any materials posted by you or any other user of our site. All materials you submit will be treated as non-confidential and non-proprietary, unless a written agreement between you and us specifies otherwise.

CONTENT DISCLAIMER

The content provided on our Site is offered "as is" with no guarantees, conditions, or warranties as to its accuracy. We, along with our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, specifically disclaim:

1. All types of conditions, representations, or warranties, whether they are express or implied: this includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and any other terms that might be implied by statute, common law, or laws of equity;
2. All liability for any form of loss or damage that may be suffered by users as a result of engaging with our Site, User Services, or any linked websites and posted materials: this encompasses not just direct, but also indirect or consequential damages which include loss of profits, business, anticipated savings, data, goodwill, as well as wasted management or office time, and other similar losses, whether arising through tort (including negligence), breach of contract or otherwise, and even if such losses were foreseeable.

In jurisdictions where exclusions or limitations on liability for consequential or incidental damages are not allowed, our liability will be limited to the maximum extent permitted by law.

Furthermore, we do not guarantee the accuracy, completeness, or timeliness of the information provided on this site, which is intended for general informational purposes only. Any reliance on the material on this site is at your own risk. We, further, disclaim all liability and responsibility for reliance placed on such materials by visitors to our site, or by anyone informed of its contents.

SERVICE AVAILABILITY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY

We do not guarantee that our Service will always operate as expected; it may at times be delayed, interrupted, or contain errors, and the outcomes from using our Service may not always align with 7

your expectations. We reserve the right to suspend or discontinue any part of our services at any time without prior notice.

You acknowledge that your use of, or inability to use, the Service is solely at your risk. The Service, along with all products and services delivered through it, are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied. This exclusion of warranties includes, but is not limited to, implied warranties or conditions of merchantability, quality fit for a particular purpose, durability, title, and non-infringement.

By using our services, you agree that the service provided is “as is” and “as available,” which means that we do not make any promises about the quality or conditions of the products that you receive through it.

Liberty, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any type of injury, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, revenue, savings, data loss, replacement costs, or similar damages resulting from your use of the Service or any products procured using the Service. This liability limitation applies whether the claim is based in contract, tort (including negligence), strict liability, or otherwise, and even if we are aware of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so in such jurisdictions, our liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Liberty in a Can LLC, along with our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any losses, damages, costs, or expenses, including reasonable attorneys' fees, incurred due to claims made by any third party. These may arise from your breach of these Terms of Service, your use of our site, any services you provide or access through our site, your violation of any laws or the rights of a third party, or your submission of any content that violates any law or infringes on the rights of a third party, including but not limited to claims related to defamation, invasion of privacy, breach of confidence, or infringement of intellectual property rights. We retain the exclusive right to defend and control any claims related to the above issues, and you must fully cooperate with us in these defenses.

TERMINATION

We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. The company can, for example, end the agreement at their discretion without notice if they believe, solely based on their judgment, that you have not complied with the terms or if they suspect non-compliance. As another example, we may also immediately suspend, terminate, or restrict access if necessary to protect the Site or its users from fraud, malware, spam, cybersecurity threats, or data breaches, or if legally required. 8 

Upon termination, you are still responsible for any charges incurred up until the termination date. Following termination for non-compliance, the company may also deny you access to their services, completely or partially.

Any user can terminate these terms at any time by informing the company that you no longer wish to use their services, or simply by stopping the use of their site.

Any obligations and liabilities that were established before the agreement was terminated will continue to be in effect after termination.

ENTIRE AGREEMENT

These Terms of Service, along with any additional policies or operational rules we post on this Site or in relation to the Service, form the complete agreement and understanding between you and us. They govern your use of the Service and replace all previous agreements, communications, and proposals, both verbal and written, between you and us (this includes earlier versions of the Terms of Service).

Our failure to act on or enforce any section of these Terms of Service does not constitute a waiver of any right or provision.

Should there be any uncertainty in the interpretation of these Terms of Service, such ambiguities will not be interpreted against drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and the United States.

HEADINGS

The headings in this Agreement are inserted for convenience or reference only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Terms or any provision herein.

SEVERABILITY

If any term(s) are found to be invalid, void, or unenforceable for any reason, such term(s) will be considered severable and will not impact the validity and enforceability of the remaining term(s).

OUR CONTACT INFORMATION

Questions about the Terms of Service should be directed to [info@drinklic.com]

LIBERTY IN A CAN LLC

• 561-465-9568
• 707 Georgia Ave #401 Chattanooga, TN 37402