1. Acceptance of These Terms

These Terms of Service (“Terms”) form a binding agreement between you and Cobalt Payments Inc (“Company,” “Cobalt Payments,” “we,” “us,” or “our”) governing your access to and use of the Liquor Store Near Me mobile application, website, and related services (collectively, the “Services”). By creating an account, downloading, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Services.

2. Eligibility

You may use the Services only if you: (a) are at least twenty-one (21) years of age; (b) are located within the United States of America; (c) are able to form a binding contract with the Company; and (d) are not barred from using the Services under applicable law. The Services are intended exclusively for persons of legal drinking age. You may not purchase or attempt to purchase alcoholic beverages for any person under twenty-one (21) years of age. We may require verification of your age and identity at any time, and we may refuse, suspend, or terminate access where eligibility cannot be confirmed.

3. Description of the Services

The Application is a technology platform that serves as a directory of licensed alcohol retailers (“Retail Partners”) and facilitates the placement of consumer orders for in-store pickup.

IMPORTANT: The Company is a technology platform provider. We do not sell, distribute, deliver, or take title to any alcoholic beverages. All sales of alcoholic beverages are made exclusively by independently owned and operated, licensed Retail Partners. The Retail Partner — not the Company — is the seller of record for every order. The Company does not hold any liquor license, and nothing in the Services constitutes the sale or offer to sell alcoholic beverages by the Company.

4. Accounts and Registration

To use certain features you must create an account and provide accurate, current, and complete information, including your legal name, date of birth, and a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. You may not share your account, create an account using false information, or maintain more than one account without our permission. You may delete your account at any time through the account deletion page.

5. Age Verification and Alcohol Compliance

Age verification is performed at registration (through your date of birth) and again at the time an order is placed and collected. You agree to present a valid, government-issued photo identification demonstrating that you are at least twenty-one (21) years of age upon pickup. The Retail Partner is required by law to refuse to complete any transaction where the purchaser cannot produce valid identification, appears to be under the influence, or is otherwise prohibited from purchasing alcohol. If a transaction is refused for any such reason, you remain responsible for any applicable charges as described in Section 7, and neither the Company nor the Retail Partner is liable for the refusal. You agree to comply with all federal, state, and local laws governing the purchase and possession of alcoholic beverages.

6. Orders, Pickup, and Fulfillment

When you submit an order through the Application, you are making an offer to purchase from the selected Retail Partner. The order is not binding until the Retail Partner accepts and confirms it. The Company facilitates communication of the order but does not guarantee product availability, pricing accuracy, or that any order will be accepted. All orders are for in-store pickup only; the Company does not provide delivery. Pickup times are estimates. Title to and risk of loss for products pass from the Retail Partner to you upon pickup. The Retail Partner is solely responsible for the products it sells, including their quality, condition, labeling, and fitness.

7. Pricing, Payment, and Fees

Prices are set by the Retail Partner and may change without notice. Applicable taxes, service fees, and other charges will be disclosed before you complete an order. Payments for orders processed through the Cxbolt Payment Gateway are handled by PCI DSS-certified third-party payment processors. Sensitive cardholder data (full card numbers, CVV, magnetic stripe data) is never transmitted to, processed by, or stored on the Company’s systems — see our Privacy Policy for details. You authorize the Company and its processors to charge your selected payment method for the total amount of your order, including taxes and fees, and you represent that you are authorized to use that payment method. Where a transaction cannot be completed (for example, a failed age check at pickup), charges, authorizations, and any refund are handled in accordance with the Retail Partner’s policies and applicable law.

8. Subscriptions and Auto-Renewing Services

The Services may offer optional paid subscriptions (such as a consumer “Pro” tier or a Retail Partner listing subscription). Unless otherwise stated, subscriptions automatically renew at the end of each billing period until cancelled. You may cancel at any time; cancellation takes effect at the end of the then-current billing period, and fees already paid are non-refundable except where required by law. Where a subscription is purchased through the Apple App Store or Google Play Store, billing, renewal, and cancellation are governed by the applicable app store’s terms, and you must manage the subscription through your app store account.

9. Cancellations, Refunds, and Returns

Because of laws governing the sale of alcoholic beverages, alcohol products are generally not returnable or refundable once a transaction is complete, except where a product is defective or where required by applicable law. Refund, cancellation, and return decisions for orders rest with the Retail Partner that made the sale. The Company will, on request, assist in communicating a refund or cancellation request to the Retail Partner but does not itself issue refunds for alcohol sales it did not make.

10. User-Generated Content

You may submit ratings, reviews, comments, and other content (“User Content”). You retain ownership of your User Content, but you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, display, distribute, and create derivative works of your User Content in connection with operating and promoting the Services. You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. You agree not to submit content that is false, misleading, defamatory, obscene, harassing, or that promotes the abuse of alcohol or its sale to minors. We may, but are not obligated to, review, moderate, or remove User Content at our discretion.

11. Acceptable Use and Prohibited Conduct

You agree not to:

• Use the Services to purchase alcohol for, or facilitate its provision to, any person under twenty-one (21) years of age;
• Provide false, inaccurate, or misleading information, including regarding your age or identity;
• Use the Services for any unlawful, fraudulent, or unauthorized purpose, or in violation of any alcohol-beverage law or regulation;
• Resell, redistribute, or commercially exploit alcoholic beverages obtained through the Services;
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services or related systems;
• Use any automated means (bots, scrapers, crawlers) to access the Services or collect data without our prior written consent;
• Reverse engineer, decompile, or attempt to extract the source code of the Application except as permitted by law;
• Infringe the intellectual property or other rights of the Company or any third party.

12. Intellectual Property

The Services, including all software, text, graphics, logos, trademarks, and other content (excluding User Content and Retail Partner content), are owned by or licensed to the Company and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. No other rights are granted. “Liquor Store Near Me,” “Liquor.Wine,” and associated logos are marks of the Company and may not be used without our prior written permission.

13. Third-Party Services and Retail Partners

The Services rely on and link to third parties, including Retail Partners, payment processors, and other service providers. The Company does not control and is not responsible for the acts, omissions, products, pricing, licensing, or policies of Retail Partners or other third parties. Your interactions and transactions with a Retail Partner are solely between you and that Retail Partner. Any dispute regarding a product, sale, refusal of sale, or pickup must be resolved with the applicable Retail Partner.

14. Disclaimers of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT PRODUCT INFORMATION, PRICING, OR AVAILABILITY DISPLAYED THROUGH THE SERVICES IS ACCURATE OR COMPLETE. THE COMPANY MAKES NO WARRANTY REGARDING ANY PRODUCTS SOLD BY RETAIL PARTNERS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY. THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any law; (c) your User Content; or (d) your violation of any right of a third party, including any Retail Partner.

17. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except for disputes that qualify for small claims court, you and the Company agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court. You and the Company waive any right to a jury trial and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You may opt out of this arbitration agreement by sending written notice to the contact address in Section 23 within thirty (30) days of first accepting these Terms.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. Subject to Section 17, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Connecticut, and you consent to the personal jurisdiction of those courts.

19. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for the Company, or engaged in fraudulent or unlawful conduct. You may stop using the Services and delete your account at any time via the account deletion page. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

20. Changes to These Terms

We may modify these Terms from time to time. Material changes will be communicated through the Application, by email, or by a prominent notice. The “Effective Date” above indicates when these Terms were last revised. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

21. Geographic Restriction

The Services are intended exclusively for individuals located within the United States of America. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws.

22. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any agency, partnership, or joint venture between you and the Company.

23. Contact Information

For questions about these Terms or the Services:

Cobalt Payments Inc
Attn: Legal Department
Email: support@cobaltpays.com
Support: support@cobaltpays.com
Website: liquor.wine

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