Terms of Use

Last Updated: August 12, 2022.


Welcome to Drink 818! These Terms of Use (these “Terms”) of K & Soda, Inc. dba 818 Spirits, Inc. (together, with its affiliates, “818,” “we,” or “us”) are an agreement that describes your rights and responsibilities as a 818 user. This page explains the terms by which you may access and use our online services and website (collectively, the “Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Notice available at drink818.com/privacy-policy (each to the extent applicable, and collectively, the “Agreement”), whether or not you are a registered user of our Site. 818 reserves the right to modify these terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Site (“Users”).
You also agree, if purchasing any applicable goods through the Site, to ReserveBar Holding Corp.’s terms and conditions found here https://www.reservebar.com/pages/terms.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 8.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 8.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 8.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Our Service

1.1 Eligibility

This is a contract between you and 818. You must read and agree to these terms before using the 818 Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with 818, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 21 (or under 18 in Europe) is strictly prohibited and in violation of these Terms. The Site is not available to any Users previously removed from the Site by 818.
1.2 Limited License
Subject to the terms and conditions of these Terms, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Site personal, noncommercial use only as permitted by the features of the Site. 818 reserves all rights not expressly granted herein in the Site and the 818 Content (as defined below). 818 may terminate this license at any time for any reason or no reason.
1.3 Communication
By providing 818 your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers, including marketing and promotional offers for 818. If you do not want to receive such email messages, you may opt out; opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.4 Site Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the 818 servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that 818 grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

YOU MUST TO BE OVER 21 TO VISIT THIS PAGE

ARE YOU OVER 21?