Terms & Conditions

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TERMS OF SERVICE

Last Updated: 12/22/21

OVERVIEW

This website is operated by Sake High!, Inc. Throughout the site, the terms “we”, “us” and “our” refer to “Sake High!”. Sake High! offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or made available to you. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Service also apply to your use of our mobile apps, if any, and our official social media channels, including without limitation on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services, information, or materials contained on this site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website with or without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – GENERAL TERMS AND CONDITIONS

You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service. Our collection and use of such data and certain other information about you are governed by our Privacy Policy.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. By using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sake High! reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

SECTION 2 - ALCOHOL BEVERAGE LEGAL REQUIREMENTS; SHIPPING

Sake High! does not sell to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. If you are under 21 years of age, you are not authorized to use the Service. By using this Service you are representing that you are at least 21 years of age, that the person placing any orders and to whom any product is being shipped is also at least 21 years of age, and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Sake High! is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Sake High! shall have the right to take action against you or seek indemnification from you for any suit to which Sake High! may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Sake High! hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

Please note that current laws prohibit Sake High! from shipping alcoholic beverage products to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. If Sake High! is unable to ship directly to your state, we will contact you to discuss alternative shipping options, such as sale and shipment of our products through a third party.

Certain states prohibit the direct shipment of alcohol from parties in other states. Orders placed for address within those states may be canceled and you will be issued a complete refund. It is your sole responsibility to know whether you may receive shipments from out-of-state. Sake High! makes no representation as to any laws, rules or regulations regarding the sale, service, transportation or delivery of alcoholic beverages to you. You agree to indemnify and hold harmless Sake High! for any loss or damage arising from your failure to comply with the terms set forth in these Terms of Service or compliance with any applicable laws.

All orders are processed at, and shipped from, Park Street Imports. We ship by ground and air using FedEx and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your order is picked up by the common carrier for delivery, title to all products is transferred to you and the products immediately becomes your responsibility. Sake High! is not responsible for, and will not replace products that are damaged as a result of weather conditions or otherwise during shipment.

Sake High! will notify you by email when your products are ready to be shipped. Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your products. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your products, please ensure that an adult (21 years of age or older) will be present and available to sign for your shipment. Sake High! will not be held responsible for any shipment delays (or products damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the products are delivered.

SECTION 3 - OWNERSHIP

You agree that Sake High! and its suppliers own all rights, title and interest in the Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accessing any Service

The Sake High! name and logos are trademarks and service marks of Sake High! (collectively the “Sake High! Trademarks”). Other Sake High!, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Sake High!. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Sake High! Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Sake High! Trademarks will inure to our exclusive benefit.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Sake High! shall be held harmless for any such errors. In all cases, you will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. By purchasing any products or services through the Service, you agree to the pricing and payment terms for such products or services, as we may update them from time to time. Failure to pay these fees may result in the cancellation of your purchase. All products sold on the site shall be subject to applicable state and local sales taxes.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

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 anytime without notice, at the sole discretion of us. 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.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order 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 and/or billing address/phone number provided at the time the order was made. 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 made at our store. 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 and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION; PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy at the following link: here.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) impersonates any person or entity, including any employee or representative of Sake High!; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – SAKE HIGH! COMMUNICATIONS

By agreeing to these Terms of Service, you agree to receive certain communications from us, which shall be further governed by and subject to our Privacy Policy. You can view our Privacy Policy at the following link: here.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SAKE HIGH! EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE.

Except to the extent caused by Sake High!'s gross negligence or willful misconduct, in no case shall Sake High!, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“Sake High! Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

TO THE FULLEST EXTENT PROVIDED BY LAW, SAKE HIGH! PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO SAKE HIGH! BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SAKE HIGH! PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A SAKE HIGH! PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (ii) ANY INJURY CAUSED BY A SAKE HIGH! PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sake High! and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these Terms of Service or the documents they incorporate by reference, (ii) your use of the Service in violation of these Terms of Service, (iii) your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

These Terms of Service are effective so long as you continue using our Services and our site.

If in our sole judgment, we find that you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may immediately deny you access to our Services (or any part thereof). You will at all time remain liable for all amounts due to Sake High!, including without limitation any amounts owed for purchasing any products or services through the Service.

SECTION 19 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service, including without limitation the Privacy Policy, constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 20 - GOVERNING LAW

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA AND CONTROLLING UNITED STATES FEDERAL LAWS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

To the extent the parties are permitted under these Terms of Service to initiate litigation in a court, both you and Sake High! agree that all claims and disputes arising out of or relating to the Service will be litigated exclusively in the state or federal courts located in the State of California.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at joey@sakehigh.com.

If you have any questions, complaints or claims with respect to the Service, please contact us at: 248-425-0814. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

SECTION 22 – DRINK RESPONSIBLY

Sake High! does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.

SECTION 23 – LICENSE AND SITE ACCESS

Sake High! grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sake High!. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sake High!. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sake High! without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sake High!'s name or trademarks without the express written consent of Sake High!. Any unauthorized use terminates the permission or license granted by Sake High!. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Sake High! so long as the link does not portray Sake High!, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sake High! logo or other proprietary graphic or trademark as part of the link without express written permission.

SECTION 24 – SOCIAL MEDIA RULES

Sake High! enjoys engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on Sake High!'s Social Media Sites. You must be 21 or over to visit or post on Sake High!'s Social Media Sites and any communications regarding Sake High! products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. Sake High! reserves the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that Sake High! deems offensive, inappropriate or unacceptable in its sole discretion, but we do not regularly review posted content. Sake High! takes no responsibility for any content posted by you or any third party.

• Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Treat others fairly and with respect. Nudity and sexually explicit content is not permitted.
• Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
• Don’t Infringe. Do not use images or other items unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
• Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
• 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.

Finally, you must also abide by the terms of use of the social media platform.