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Terms of Use Agreement

1. Introduction.

Thank you for reviewing our Terms of Use Agreement (hereinafter the “Agreement”) for the LiquidCommon.com and SolidElements.com web sites. These websites are owned and operated by LiquidCommon LLC, a New Mexico limited liability company (hereinafter “LiquidCommon” or “We”). This Agreement applies to persons who visit, create a personal or business account with, or otherwise use the LiquidCommon.com or SolidElements.com web site (collectively “Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access LiquidCommon.com or SolidElements.com services (“Services”) or the LiquidCommon.com and SolidElements.com websites (hereinafter referred to collectively as “LiquidCommon.com” or “the Site”). 

2. Availability and Eligibility.

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children under the age of 16. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by LiquidCommon to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site.

3. Customer Services. 

The Site provides you with access to information about restaurants, bars, and other entertainment establishments and the ability to purchase eGift Certificates and Promotion Coupon Certificates from these establishments.  Users may interact with other Users and upload pictures, videos, messages, and other content to the Site. You are not required to provide any personally identifiably information to us to view the Site. However, to use all of the interactive features we have available on the Site, you will need to create an account with us. You are required to create an account in order to purchase any product or service, or to redeem a gift from the Website. This is required so we can provide you with access to print and access your orders, view your past purchases and/or gifts, and modify your preferences.  As further discussed below, you acknowledge and agree that LiquidCommon and LiquidCommon.com does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by us or the Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive. The accuracy of the representations contained in a User profile or on a LiquidCommon.com page should be independently verified by a User before a User takes any action based on such information. 

4. User Conditions & Terms of Sale

Definitions

“eGift Certificates” (also referred to as Certificates”) – Refers to full price electronic certificates that can be accessed or printed and redeemed for the full face value of the certificate.  eGift Certificates typically do not have a reduction in price and can be used at anytime during normal establishment working hours.  Unless otherwise stated on the Certificate.

“Promotions and Coupons” (also referred to as Promotional Coupon or Certificates”) – Refers to Establishment certificates offered by the Establishment that entitles the holder to redeem the face value of the certificate, typically at a discounted rate or may be at purchased at full face value with added specials or promotional values.  Most Coupon offers have additional restrictions such as the days or times it may be used.  For instance, a Promotional Coupon offer may not be used at peak operating days or hours or on most Holidays.  Rules and restrictions are governed by the Establishment and stated on Coupon Certificate.

“eEvent Tickets”(also referred to as Tickets) – refers to Establishment Certificates offered by the Establishment that entitles the holder to attend said event as listed on the eEvent Ticket.  Any rules, regulations restrictions and return policies are governed by Establishment and stated on Ticket.

All eGift Certificates, Promotional Coupons or eEvent Tickets purchased from the Site or any other website associated with LiquidCommon (hereinafter “Certificates ”) are promotional Certificates that may be purchased from participating establishments (“Establishments”) through LiquidCommon.  By placing an order, you make an offer to us to purchase the Certificates you have selected based on these Terms and Conditions.  For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Certificate. This is required so we can provide you with access to print your orders, view your past purchases, modify your preferences and to ensure permissible use of the Certificate.  The Certificate you purchase through LiquidCommon is redeemable for goods or services by the Establishment. The Establishment, not LiquidCommon, is the seller of the Certificate and is solely responsible for redeeming any Certificate you purchase.  LiquidCommon does not guarantee availability of Certificate on our Website, and reserves the right to modify or discontinue Certificates at any time, or to add fees at any time.  All Certificates are subject to change, and pricing and participation of affiliated Establishments may vary.  Limited quantities of certain Certificates may be available and any offers are good only while supplies on the Website, or any affiliate website, last. 

Terms and Conditions for Establishment Certificates.

  • The frequency at which you may redeem Certificates is determined by the Establishments, and shall be outlined in the Certificate.
  • Certificates cannot be combined with any other Certificates, third party certificates or other coupons.
  • Establishment Certificates cannot be used for taxes, tips or prior balances, unless permitted by the Establishment.
  • Valid for dine in only unless otherwise stated.
  • The issuing of credit is at the sole discretion of the establishment unless otherwise required by applicable law.
  • Promotion Coupon Certificates are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.  Unless otherwise allowed by Establishment.
  • eGift Certificates do not have to be redeemed in full and may be redeemed incrementally.  The Establishment has the right to refund the difference in cash, store credit or by applying a credit back to your eGift Card.  Your eGift Card balances may be viewed at anytime by accessing your LiquidCommon account.
  • Promotion Coupon Certificates cannot be returned for a refund of the purchase price.  In the event that you have an expired Certificate, or an eEvent Ticket was cancelled or postponed and would like to redeem it for the price you paid to purchase it, please contact the Establishment. The Establishment should allow such redemption if applicable law requires it, and we have asked the Establishment to do so. If the Establishment has refused to redeem the cash value of your expired Certificate, and if applicable law entitles you to such redemption, then please contact LiquidCommon in writing and explain your situation.  LiquidCommon will refund the purchase price of the Promotion Coupon Certificates or offer credit for purchases of future Certificates from LiquidCommon.
  • If an Establishment closes down and is no longer conducting business then LiquidCommon will refund the full purchase price.
  • LiquidCommon is not liable for undeliverable shipments or emails of LiquidCommon Certificates. In the event a Certificate is returned as undelivered, LiquidCommon will attempt to contact the customer to resolve the error.

The Establishment is solely responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages.  Unauthorized reproduction, resale, modification, or trade of this Restaurant-Specific Gift Certificate is prohibited. Any attempted redemption that violates these Terms & Conditions may render this Certificate void.  Neither LiquidCommon nor the Establishment is responsible for lost or stolen Certificates or restaurant Certificate reference numbers.  If you use the Certificate for less than its face value, you will only be entitled to a credit from the Establishment, equal to the difference between the face value and the amount you redeemed, if required by applicable law.   The Establishment is the holder and issuer of Certificate. As the holder and issuer of Certificate, the Establishment is responsible for the final disbursement of this Certificate.  Certificates do not provide customers with the right to redeem the value of the Certificate for its full value without additional consideration paid to the participation Establishment.

By purchasing a Certificate, a customer has the right to print or access a Certificate in the form an electronic certificate or code, issued by the participating Establishment.  The Establishment shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Establishment, as well as for any unclaimed property liability arising from unredeemed certificates

5. User’s Responsibilities and Acknowledgements.

As a LiquidCommon.com User you are obligated to read this Agreement and our Privacy Policy before you create an account on our Site, utilize our Services, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that individuals that provide information on the Site are solely responsible for their conduct and the content of their postings and that LiquidCommon has not and does not review, approve, or otherwise endorse such information or conduct. LiquidCommon is not responsible for the online or offline conduct of any User of the Site.

6. Business Premium Services Terms & Conditions

The Site provides you with access to distribute information about your Establishment and provides you the ability to make available eGift Certificates, Promotion Coupon Certificates and eEvent Tickets to our Users and Users of other 3rd party websites that we make your information available to or your own custom website.  You may interact with these Users and upload pictures, videos, messages, send email and offer or use additional premium services on the Site. You are not required to provide any personally identifiably information to us to view the Site. However, to use all of the interactive features we have available on the Site, you will need to create an account with us. You are required to create an account in order to purchase any premium business products or services, or to make available eGift Certificates, Promotion Coupon Certificates or eEvent Tickets on the Site, 3rd party websites or your own custom website. As further discussed below, you acknowledge and agree that LiquidCommon and LiquidCommon.com does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information you provide to the Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive.

  • The Establishment is solely responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages.  Unauthorized reproduction, resale, modification, or trade of this Restaurant-Specific Gift Certificate is prohibited.
  • Business Users that subscribe to premium services such as eGift Certificates, Promotion Coupon Certificatess, Media Designer, Custom Website Services and Hosting, Event Tickets or Advanced Email Systems adhere and agree to all of the Terms and Conditions outlined in Section 4: User Conditions and Terms of Sale. 
  • If you have purchased a premium business service subscription you may cancel it at any time by sending an email to Customer Service at support@liquidcommon.com.
  • No Credits will be issued once the current billing cycle has commenced.  However, at the discretion of LiquidCommon, if a credit is due it will be sent by the first of the month following the request.
  • All monies, minus any applicable service or transaction fees as described when signing up for such services, that LiquidCommon collects on your behalf by Users on LiquidCommon.com, 3rd Party Websites or your custom website for services such as eGift Certificates or Promotion Coupon Certificatess will be paid on the 1st of the following month.  Unless otherwise agreed to in writing. 
  • In the event that a customer has an expired Certificate and would like to redeem it for the original purchase price please do so in the form of honoring said Certificate, offering cash for the purchase value or offering Establishment credit.
  • In the event that a customer has purchased an eEvent Ticket and the event has been cancelled or postponed and would like to redeem it for the original purchase price please do so in the form of honoring said Certificate for a future event, offering cash for the purchase price or offer an equivalent Establishment credit.

7. Restricted Activities.

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, postings, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any sexually suggestive, obscene, or vulgar text or images; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation. 

8. Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of LiquidCommon and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

9. Breach.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. 

10. Privacy.

We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.LiquidCommon.com/privacy.We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

11. Links to Third Party Sites.

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, LiquidCommon.com. Such links do not necessarily constitute an endorsement by LiquidCommon of those sites. LiquidCommon undertakes no obligation to monitor such sites, and you agree that LiquidCommon is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

12. Intellectual Property.

The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. 

13. DMCA Policy

LiquidCommon takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), LiquidCommon has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

Liquid Common 
Attn: DMCA Designated Agent
1112 San Pedro Dr NE #160
Albuquerque, NM 87110
info@LiquidCommon.com 
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: 

  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit LiquidCommon.com to locate the material;
  • Your contact information, including your mailing address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

14. Email Policy.

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. In addition, if you contact another user through our Service using our messaging system, then your name and email address will be shared with such Users and they may contact you by email and other methods. You agree not to abuse the LiquidCommon.com communication system in any manner. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of LiquidCommon.

15. Disclaimer of Warranties.

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LIQUIDCOMMON. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIQUIDCOMMON DISCLAIMS ANY AND ALL SUCH WARRANTIES.

16. General Release.

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OF THE SITE, EACH OF YOU AGREE TO RELEASE LIQUIDCOMMON, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY LIQUIDCOMMON.

17. Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT LIQUIDCOMMON'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. LiquidCommon reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of LiquidCommon. You further agree to indemnify and hold harmless LiquidCommon from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

19. Licenses.

LiquidCommon grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. 

18. Waiver.

Failure by LiquidCommon to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

19. Right to Change this Agreement.

LiquidCommon reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following LiquidCommon’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, please do not continue to use the Services or this Site.

20. General Provisions.

This is the entire Agreement governing the use of the LiquidCommon.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of New Mexico in the United States of America, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Albuquerque, New Mexico. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of LiquidCommon in accordance with applicable law and the remainder of the Agreement shall remain in full force. 

21. Contact LiquidCommon.com.

Except as explicitly stated otherwise, any notices to LiquidCommon.com shall be given by postal mail to LiquidCommon LLC, 1112 San Pedro Dr NE #160, Albuquerque, NM 87110 (in the case of LiquidCommon.com). You agree that you will notify LiquidCommon in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give LiquidCommon a reasonable period of time to address it before bringing any legal action.

Copyright 2009 - LiquidCommon LLC   | Terms of Use | Privacy Policy