By continuing, you agree that an adult over the age of 21 with valid government ID will be present to accept this order. Our delivery agent will ask to see your ID regardless of your age. Alcohol is not returnable; therefore, customers who fail to present valid ID proving their age as 21 years or older will be charged for products and services that CRAFTY is unable to render. LAST UPDATED: DECEMBER 22, 2017
1. Your Use of the Services CRAFTY 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, 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 or manual means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services. You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some 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 to which it applies. If you are using CRAFTY 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 will 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. If you order product from CRAFTY, you agree that you are 21 years of age or older. If you receive your delivery, you agree that you are 21 years of age or older. You also agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the delivery agent delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that you will not serve CRAFTY alcoholic products to individuals that are less than 21 year of age, unless it is a non-alcoholic product. If the incorrect or damaged product is brought to your location, CRAFTY will replace that product at your given location within 48 hours, unless otherwise expressed to you by a CRAFTY representative. If the correct product is brought to your location but refused by the customer, you will be charged a restocking fee of 20% of the retail value, not including taxes or delivery, of that product. For events with predetermined restocking arrangements, the same 20% restocking fee will apply to those products unopened and to be restocked by CRAFTY. You agree that, if a keg remains on your premises for greater than 2 months, you will be charged a $30 keg pick-up fee, wherein our delivery drivers will come to your location and remove the keg from the premises. This is due to product degradation / quality. If product is missing, lost, or unavailable for pick-up, you will be charged a $30 deposit fee per keg or sixtel unavailable for pick-up. 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 CRAFTY the right to use such feedback or comments for any purpose without restriction or payment to you.
2. CRAFTY Tap Technician and Event Services CRAFTY, subcontracting licensed tap technicians or any other party, will offer and conduct services for customer, if agreed upon, relating, but not restricted to: installing a direct draw box, installing a temporary jockey box, maintaining and servicing the direct draw box or jockey box, maintaining and servicing the product within the direct draw box or jockey box (including CO2 canisters), maintaining, installing, and servicing products directly or indirectly related to direct draw boxes or jockey boxes. You agree that CRAFTY, subcontracted licensed tap technicians, or any other party contracted by CRAFTY to carry out Tap Technician Services does not assume responsibility for any damages that may occur through these services. You agree that you will assume financial responsibility for all parts replaced by CRAFTY Tap Technicians. Parts will not be replaced unless explicit consent has been granted by a member of the Company.
3. ‘No Kegerator, No Problem’ Program Enrolling in the ‘No Kegerator, No Problem’ Program will result in CRAFTY delivering and installing a direct draw box to your desired location. If enrolling in the ‘No Kegerator, No Problem’ Program, you agree to place a minimum of two orders a month through www.craftydelivers.com. Ordering less than the monthly minimum will warrant CRAFTY to charge a penalty to the customer at the rate of an order of two sixtels. You agree to be enrolled into the program for 12 months, at a minimum. Opting out of the 12 month agreement will result in a $300 de-installation fee. CRAFTY will remove the direct draw box from the premises of the customer location within 1 week of cancellation. You agree that product from no other vendor will be placed in the CRAFTY Kegerator. If product from any other vendor is found to be in the direct draw box without explicit permission from CRAFTY, CRAFTY will charge a $300 penalty to the customer. CRAFTY will maintain the unit in the customer location once a month and will cover any natural wear and tear of the product. Any form of damage beyond normal wear and tear will be covered by you, the Customer. The penalty paid for this damage will be the cost of parts plus labor. CRAFTY does not assume any incremental cost brought on to the customer by installing it in the customer location.
4. Third-party Products and Content You agree that CRAFTY does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our 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 CRAFTY will have no liability based on such purchase, use or access.
5. 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, CRAFTY 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, CRAFTY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY CRAFTY OR WEBSITE, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM CRAFTYDELIVERS.COM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CRAFTY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DELIVERY AGENTS OR TAP TECHNICIANS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY DELIVERY AGENTS OR TAP TECHNICIANS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. YOU AGREE THAT NEITHER CRAFTY NOR ITS AFFILIATES, OPERATIONAL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY DELIVERY AGENT OR TAP TECHNICIAN OR FOR ANY SERVICES PROVIDED BY DELIVERY AGENT OR TAP TECHNICIAN. NEITHER CRAFTY NOR ITS AFFILIATES, OPERATIONAL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY DELIVERY AGENT OR TAP TECHNICIAN. If you have a dispute with one or more Delivery Agents or Tap Technicians, you agree to release CRAFTY (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from 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 with Delivery Agents or Tap Technicians or to your use of the Services.
6. LIMITATION OF LIABILITY IN NO EVENT SHALL CRAFTY (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, OPERATIONAL 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. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (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 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. CRAFTY, ITS AFFILIATES, OPERATIONAL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY DELIVERY AGENTS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO CRAFTY FOR THE PAST 12 MONTHS OF THE SERVICES. THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Indemnification You agree to defend, indemnify and hold harmless CRAFTY, DEMAR LOGISTICS, and its officers, directors, employees, agents and affiliates (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 and authorized 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.
8. Disputes & Arbitration If you have a dispute with CRAFTY, you agree to contact us first and make best efforts to work it out 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 CRAFTY agree to final and binding arbitration as the sole method of resolving any disputes, claims, or causes of actions arising out of your use of the Services or these Terms. 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 CRAFTY 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 firstname.lastname@example.org 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, Chicago, 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. CRAFTY 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). Exceptions to Mandatory Arbitration: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. For such claims, both parties agree to the exclusive jurisdiction of the state and federal courts in DuPage County, Illinois.
9. 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.
10. Controlling Law These Terms will be governed by the laws of the State of Illinois, 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 7 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of DuPage County, Illinois, USA, and you and CRAFTY consent to the personal jurisdiction of those courts.
11. Entire Agreement & Severability These Terms, subject to any amendments, modifications, or additional agreements you enter into with CRAFTY, shall constitute the entire agreement between you and CRAFTY 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.
12. No Waiver CRAFTY’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.
13. 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. CRAFTY may assign its rights, licenses, and obligations under these Terms without limitation.
14. 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. By continuing to use or access the Services after the revised Terms come into effect, you agree to be bound by the revised Terms. At our discretion as to whether a revision to the Terms is material, we may notify you about a revision of the Terms in some way (for example, by email or a posting on our website).
15. Copyright Policy
CRAFTY 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. CRAFTY 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 CRAFTY Services constitutes infringement of your copyright rights, you may send a written notice of infringement to CRAFTY’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 CRAFTY 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.
ATTN: Copyright Agent
320 E Fullerton Ave
Carol Stream, IL 60188
16. Contact Information If you have any questions, complaints or comments about the services contact us at:
917 W Washington Blvd, Ste 229
Chicago, IL 60607