1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Viz Answers, Inc., doing business as “Universal Drinkers” (“Company,” “we,” or “us”). The following terms and conditions, together with our Privacy Policy and any documents they expressly incorporate by reference, and together with the Additional Terms for Business Owners and Store Operators set out below (collectively, the “Terms of Use”), govern your access to and use of drinkslooker.com, app.drinkslooker.com, the Store Management dashboard, and our related mobile or web applications, content, functionality, and services (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://drinkslooker.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 21 years of age or older and who reside in the United States or any of its territories or possessions. The Website concerns alcohol-related venues and beverages and is intended solely for adults of legal drinking age. By using this Website, you represent and warrant that you are at least 21 years of age, are of legal age to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Definitions

As used in these Terms of Use, the following terms have the meanings set out below:

• “You,” “your,” and “User” refer to any person who accesses or uses the Website, whether or not through a registered account.
• “Company,” “we,” “us,” and “our” refer to Viz Answers, Inc. d/b/a Universal Drinkers and its affiliates.
• “Website” means the websites, applications, content, functionality, and services described in the Acceptance section above, including the consumer-facing site and the Business Services.
• “Business Services” or “Store Management Dashboard” means the administrative website and tools made available to business owners and store operators, including at drinkslooker.com/business/store-management.html.
• “Account” means any Consumer Account or Business Account. A “Consumer Account” is the account used to access the consumer-facing Website. A “Business Account” is the account used to access the Business Services.
• “Business” means the bar, restaurant, venue, or other entity that is associated with or claimed through a Business Account, and on whose behalf the Business Services are accessed or used.
• “Content” means text, images, photographs, audio, video, ratings, reviews, listings, and all other forms of data or communication.
• “Your Content” or “User Contributions” means Content that you or any User submit or transmit to, through, or in connection with the Website, such as venue and drink listings, ratings, reviews, photographs, comments, favorites, profile information, and Store Content.
• “Store Content” means Content submitted through the Business Services, as further described in the Additional Terms for Business Owners and Store Operators.
• “Company Content” means Content that the Company creates or makes available in connection with the Website, including visual interfaces, graphics, design, software, aggregate ratings, and the selection, coordination, aggregation, and arrangement of Service Content.
• “Third-Party Content” means Content that originates from parties other than the Company or its Users, including advertisements and sponsored content.
• “Service Content” means all Content made available in connection with the Website, including Your Content, Company Content, and Third-Party Content.
• “Interactive Services” means the venue and bar listings, drink listings, photographs, ratings, reviews, comments, favorites, profiles, message boards, and other interactive features of the Website.

3. Eligibility

To access or use the Website, you must have the power and authority to enter into these Terms of Use and must meet the age and residency requirements set out above. You may not access or use the Website if you are a competitor of the Company, if you intend to monitor or copy the Website for a competing purpose, or if we have previously banned you from the Website or closed your Account.

4. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. We will indicate at the top of this page the date these Terms of Use were last modified. However, any changes to the dispute resolution provisions set out below will be governed by the notice provisions in that section.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

5. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including by registering directly or by signing in through a third-party service such as Google. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your Consumer Account is for your personal, non-commercial use only. You may not impersonate any other person, provide an email address other than your own, create multiple or duplicate Accounts, or transfer your Account to another person without our prior written consent. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, and to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Communications Consent

By creating an Account or otherwise providing your contact information to us, you consent to receive communications from us and from other Users through the Website or by other means, including emails, push notifications, text messages, and telephone calls. These communications may include account and transactional notices, service-related announcements, and promotional messages about the Company or businesses listed on the Website. You understand that your mobile carrier’s message and data rates may apply to communications we send to your device. You agree to notify us if any telephone number or email address you have provided changes or is no longer yours. Any communications, including telephone calls, with us or made through the Website may be monitored and recorded for legal, quality, and training purposes. You may opt out of certain non-transactional communications by following the unsubscribe instructions in the message or by adjusting your Account settings, although we may still send you transactional or service-related messages.

7. Intellectual Property Rights

The Website and the Company Content, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, coordination, aggregation, and arrangement thereof, as well as aggregate ratings and other compilations derived from Service Content), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between you and the Company, this ownership does not extend to Your Content, which is addressed separately below; however, the Company owns the aggregate ratings, compilations, and the selection and arrangement of Service Content.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Except as expressly provided in these Terms of Use, you may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, and no right, title, or interest in or to the Website or any Company Content is transferred to you. All rights not expressly granted are reserved by the Company.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

8. User Contributions

The Website may contain Interactive Services that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) Content or materials on or through the Website. We rely on User Contributions to build and maintain a crowdsourced directory of venues and drinks.

You alone are responsible for Your Content, and you assume all risks associated with it, including any reliance on its accuracy or reliability and any risks associated with personal information you disclose. You acknowledge that once posted, Your Content cannot always be withdrawn, and that User Contributions you post will be considered non-confidential and non-proprietary.

By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, assignable, sublicensable, and transferable right and license to use, reproduce, modify, adapt, translate, perform, display, distribute, create derivative works of, analyze, commercialize, and otherwise exploit Your Content, in whole or in part, in any media now known or later developed, for any purpose, including operating, promoting, and improving the Website and our services, incorporating Your Content into advertisements and other works, and using Your Content to train or fine-tune artificial intelligence and machine-learning models. You also grant the Users of the Website and any third-party media in which the Website’s content is made available the right to access and use Your Content in connection with their use of the Website and such media. You are not entitled to any compensation for any use of Your Content. To the fullest extent permitted by law, you irrevocably waive, and cause to be waived, against the Company and its Users any claims and assertions of moral rights or attribution with respect to Your Content.

You represent and warrant that:

• You own or control all rights in and to Your Content and have the right to grant the license granted above.
• All of Your Content does and will comply with these Terms of Use.
• Any photographs you post were taken by you or you otherwise have the right to post them, and any individuals identifiable in such photographs have consented to your posting them.
• You will not imply that Your Content is in any way sponsored or endorsed by the Company.

Except as required by law, we have no obligation to retain, store, or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. You understand and acknowledge that you, not the Company, have full responsibility for Your Content, including its legality, reliability, accuracy, and appropriateness, and that we are not responsible or liable to any third party for the content or accuracy of any User Contributions.

9. Trademarks

The Company name, the terms “Universal Drinkers” and “DrinksLooker,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, including the names, logos, and marks of the bars, restaurants, and other venues identified on the Website.

10. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use, and not to assist, encourage, or enable others to use, the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation, including any laws regarding the export of data or software and any laws governing the marketing or promotion of alcoholic beverages.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information; or to market, promote, or make alcohol available to any person under the legal drinking age.
• To post any fake, fraudulent, or defamatory review, to trade reviews with others, or to offer, accept, or provide compensation or any incentive to post, modify, refrain from posting, or remove a review.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation, or to send bulk emails, surveys, or other mass messaging.
• To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity, or to misrepresent your identity or affiliation with any person, bar, venue, brand, or other business.
• To use any robot, spider, or other automated device, process, or means to access, retrieve, scrape, copy, or index any portion of the Website or Service Content, except as expressly permitted by us; or to record, process, or mine information about other Users.
• To access, retrieve, or index any portion of the Website for the purpose of constructing or populating a searchable or competing database of venues, drinks, listings, or reviews. Page 5 of 16
• To reverse engineer, decompile, or disassemble any portion of the Website, except to the extent applicable law prohibits this restriction.
• To remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict use or copying of Service Content, or features that enforce limitations on use of the Website.
• To use any device, software, or routine that interferes with the proper working of the Website, or to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including via any denial-of-service or distributed denial-of-service attack.
• To take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, including through the use of automated tools or artificial-intelligence technologies.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability.

We are under no obligation to enforce these Terms of Use on your behalf against another User. While we encourage you to report violations, we reserve the right to investigate and take appropriate action in our sole discretion.

11. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person, including by posting false, inaccurate, or misleading information about a venue, its drinks, pricing, availability, or hours of operation, or by posting reviews that are not based on a genuine experience.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act, including the sale or furnishing of alcohol to minors or to intoxicated persons.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, except as expressly permitted by us.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Contributions, and to screen, edit, or reinstate User Contributions, for any or no reason in our sole discretion and without notice to you.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13. Reliance on Information Posted

The information presented on or through the Website, including venue listings, drink listings, prices, availability, hours, ratings, and reviews, is made available solely for general information purposes and is largely crowdsourced from Users and other third parties. We do not warrant the accuracy, completeness, currency, or usefulness of this information. Prices, menus, availability, and hours change frequently and may be incorrect or out of date. You should independently verify any information with the relevant venue before relying on it. Any reliance you place on such information is strictly at your own risk.

We do not attempt to verify any licenses, permits, or certifications that a venue or its representatives may hold, including any liquor or alcohol-service license, and you should inquire about any such licenses with the venue directly. This Website includes content provided by third parties, including other Users and third party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, other than content provided by the Company, are solely the opinions and the responsibility of the person or entity providing them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. No Sale of Alcohol; Drink Responsibly

The Website is an informational and discovery platform only. The Company does not manufacture, sell, serve, furnish, or deliver alcoholic beverages, and nothing on the Website constitutes an offer or solicitation to do so. Any purchase, service, or consumption of alcohol occurs solely between you and the applicable venue and is subject to that venue’s policies and to all applicable laws. You are solely responsible for consuming alcohol responsibly and lawfully, for complying with all laws regarding the legal drinking age and driving, and for your own conduct and safety. The Company is not responsible for the acts or omissions of any venue or for any injury, loss, or damage arising from your purchase or consumption of alcohol or your visit to any venue identified on the Website.

15. Advertising and Third-Party Content and Services

The Website is supported in part by advertising. We and our third-party advertising partners may publicly display advertisements, sponsored content, paid placements, and other information on, nearby, or in association with Service Content, including Your Content, and you are not entitled to any compensation for such advertising. The manner, mode, and extent of advertising are subject to change without specific notice to you. The appearance of an advertisement or sponsored listing does not constitute an endorsement or recommendation by the Company of any advertiser, product, service, or venue, and we are not responsible for the content of any advertisement or for any products, services, or claims made by advertisers.

The Website may host Third-Party Content or include links to other websites, resources, or applications, including those contained in advertisements, banner advertisements, and sponsored links. We do not control or endorse, and accept no responsibility for, the availability, accuracy, or content of any such Third-Party Content or third-party service, or for any loss or damage that may arise from your use of them. Your use of and reliance on any Third-Party Content or third-party service is at your own risk and may be subject to additional third-party terms and policies, which it is your responsibility to review.

16. Feedback and Suggestions

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that: (i) your Feedback does not contain any third-party confidential or proprietary information; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may already have something similar to the Feedback under consideration or in development; (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback; and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, and transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against the Company and its Users any claims and assertions of any moral rights contained in such Feedback.

17. Copyright and Trademark Infringement

If you believe that any User Contributions violate your copyright or trademark rights, please send a notice of claimed infringement to our designated agent at [email protected], with the information required under the Digital Millennium Copyright Act. We may forward any such notice to the User who submitted the Content at issue. It is the policy of the Company to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers.

18. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

19. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

20. Additional Terms for Business Owners and Store Operators

These additional terms (the “Business Terms”) apply to your access to and use of the Store Management dashboard and related administrative tools made available at drinkslooker.com/business/store-management.html (the “Business Services”), through which business owners, store operators, and their authorized team members can create and manage store profiles, drinks menus, team access, customer reviews, analytics, and related data. The Business Terms supplement, and are in addition to, the foregoing Terms of Use. If there is any conflict between these Business Terms and the general Terms of Use with respect to your use of the Business Services, these Business Terms control. By accessing or using the Business Services, you agree to these Business Terms.

Authority to Bind the Business

If you access or use the Business Services on behalf of a Business, you represent and warrant that you are authorized to act on behalf of, and to bind, that Business to these Terms of Use, and references to “you” in these Business Terms refer to both you individually and the Business. Your access to or use of the Business Services will be only in your capacity as an authorized representative of your Business. You are responsible for ensuring that the Business and all of its personnel comply with these Terms of Use. You will not use the consumer-facing Website for business-related activities, such as flagging reviews of, or messaging Users who have reviewed, your Business.

Eligibility

The Business Services are intended solely for legitimate businesses and their authorized representatives who are at least 21 years of age. You may create or claim a store profile only for a venue you own, operate, or are authorized to represent, and your Business must comply with applicable laws and must not offer, advertise, sell, or lease illegal products or services.

Account Roles and Team Access

The Store Management Dashboard uses role-based access controls, including the “Super Admin,” “Store Manager,” and “Regular User” roles, each with different permissions. You are responsible for: (i) assigning roles appropriately; (ii) maintaining the confidentiality of all account credentials; (iii) all activity that occurs under your account or the accounts of users you invite or to whom you grant access; and (iv) promptly removing access for individuals who are no longer authorized. We are not responsible for any loss or damage arising from your failure to manage access appropriately.

Your Store Content

You are solely responsible for all information, menus, pricing, hours, descriptions, logos, photographs, and other content you or your team submit through the Business Services (“Store Content”). You represent and warrant that your Store Content is accurate, current, and complete, that you own or have all necessary rights and licenses to the Store Content, and that the Store Content does not infringe or violate the rights of any third party. You grant the Company the license set out in the User Contributions section above with respect to your Store Content, including the right to display, distribute, and promote your Store Content across the Website and in advertising and marketing of the Website. You are responsible for keeping your Store Content accurate and up to date; the Company is under no obligation to verify or update it.

Company Use of Business Information

You agree that the Company may access and retrieve content and information about your Business from your website and other publicly available sources, and may reproduce, adapt, distribute, publicly perform, and publicly display that content and information on the Website. You grant the Company a non-transferable, non-exclusive, royalty-free, limited license to display your public website and its content on the Website, including through iframes or other framing technology.

Customer Reviews; Review Integrity

You understand and acknowledge that Users may post Content about your Business, including photographs, ratings, and reviews, and that such Content reflects the views of the Users who post it and not the Company. You agree that you will not, and will not authorize or induce any other party to: (i) write, post, or vote on reviews or other Content for your own Business or a competitor’s Business; (ii) solicit or ask your customers for reviews; (iii) offer or provide any incentive, such as discounts, freebies, refunds, gift cards, or contest entries, in exchange for posting, modifying, refraining from posting, or removing a review; (iv) pay or induce anyone to post, modify, refrain from posting, or remove reviews; (v) submit any fake, fraudulent, or misleading review, or attempt to suppress, alter, or remove genuine reviews; or (vi) otherwise attempt to manipulate ratings, reviews, search results, or any ranking or recommendation system.

Ranking and Recommendation; Advertising Does Not Affect Reviews

You understand and acknowledge that the Company may use automated software, algorithms, and other technologies to determine whether, where, and how venues, listings, ratings, and reviews are displayed or ranked, and that such systems may sometimes display, suppress, or fail to detect particular reviews. You understand and acknowledge that any purchase of advertising or other paid features from the Company does not and will not influence these ranking or recommendation systems, or otherwise allow or enable you, directly or indirectly, to alter reviews or affect whether, where, or how reviews or ratings appear on the Website. The Company retains sole discretion over the display, moderation, ranking, and removal of reviews and other Content and does not guarantee the display or removal of any particular review.

Prohibited Reviews and Anti-Gag Acknowledgment

You understand and acknowledge that non-disparagement or “gag” clauses in consumer contracts that seek to restrict or penalize consumers for posting reviews are prohibited under the federal Consumer Review Fairness Act (15 U.S.C. § 45b) and similar state laws. You agree that you will not include such clauses in your consumer contracts and will not attempt to enforce any such clause against a consumer under any circumstances, whether or not it is barred under applicable law. You understand that the Company may publicly notify consumers about any attempt to use or enforce such a clause or to otherwise obtain, prevent, modify, or remove reviews through prohibited means.

Compliance and Licensing

You are solely responsible for ensuring that your participation in the Business Services and the operation of your venue comply with all applicable laws, regulations, and licensing requirements, including those governing the sale, service, advertising, and promotion of alcoholic beverages and the legal drinking age. You represent and warrant that you hold all licenses and permits required to operate your venue and to sell or serve any products listed in your Store Content. The Company does not sell, serve, or furnish alcohol and is not responsible for your compliance.

Promotions

If you use the Business Services to communicate or administer a promotion of any kind, you are solely responsible for the lawful operation of that promotion, including compliance with all applicable laws and platform rules, and you do so at your own risk.

Advertising Integrity

You agree that you will not attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions, or otherwise interfere with the proper operation of any advertising or paid features offered through the Business Services.

Business Communications

You agree that we may contact you, including by telephone or email, using the contact information you provide, make publicly available, or that we have on record for your Business, and that our communications with you may be monitored and recorded for legal, training, and quality purposes.

Analytics and Data Export

The Business Services may provide analytics, reporting, and data export features. Any analytics, metrics, or other data provided through the Business Services are provided on an “as is” and “as available” basis for your internal business use only, may be estimated or incomplete, and should not be solely relied upon. You must handle any exported data in accordance with applicable law and our Privacy Policy, and you must not use it to identify, contact, or market to individual Users except as permitted by law and these Terms of Use.

Account and Store Deletion

The Store Management Dashboard includes a two-step protected deletion process for stores and related data. You acknowledge that deletion is permanent and irreversible and that, once confirmed, deleted stores, content, and associated data cannot be recovered. You are responsible for exporting or retaining any data you wish to keep before deletion. The Company is not liable for any loss resulting from deletion initiated through your account.

Fees

[The Business Services are currently provided free of charge; however, we reserve the right to introduce fees or paid features upon notice. If fees apply, they will be governed by separate ordering terms or a subscription agreement incorporated into these Terms of Use, which will control in the event of any conflict with these Business Terms.]

Suspension and Termination

In addition to our rights set out elsewhere in these Terms of Use, we may suspend or terminate your access to all or part of the Business Services, remove or unpublish your store profile or Store Content, and reassign or revoke roles, at any time and in our sole discretion, including if we believe you have violated these Terms of Use or applicable law, or if your Store Content is inaccurate, misleading, or creates risk for the Company or its Users.

No Endorsement

Listing a venue or store on the Website, or making it available through the Business Services, does not constitute an endorsement, certification, or recommendation by the Company of the venue or its products.

Indemnification by Business

In addition to the indemnification obligations set out below, you and the Business agree to defend, indemnify, and hold harmless the Company and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your Store Content, your use of the Business Services, your management of team access, your products or services or the marketing or provision thereof, or your violation of any law or the rights of any third party.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, licensors, suppliers, and service providers, and the officers, directors, employees, contractors, agents, successors, and assigns of each of them, from and against any and all claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Website, including Your Content; (ii) your violation of these Terms of Use; (iii) your breach of any representation or warranty in these Terms of Use; (iv) any products or services you purchase or obtain in connection with the Website; (v) your products or services, or the marketing or provision thereof; or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

22. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITH THE EXPRESS UNDERSTANDING THAT WE MAY NOT MONITOR, CONTROL, OR VET USER CONTRIBUTIONS OR THIRD-PARTY CONTENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, INCLUDING WITH RESPECT TO YOUR RELIANCE ON ANY BUSINESS LISTINGS, RATINGS, OR REVIEWS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA OR INFORMATION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU HAVE PAID, IF ANY, TO THE COMPANY IN CONNECTION WITH THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, ANY RELATED SERVICES, OR ANY OTHER GRIEVANCE IS TO STOP USING AND TO DISCONTINUE YOUR ACCESS TO THE WEBSITE.

The waivers and limitations in this section will survive and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. You acknowledge that the Company is an interactive computer service provider and that, under Section 230 of the federal Communications Decency Act (47 U.S.C. § 230) and similar laws, the Company is not the publisher or speaker of, and is not liable for, Content provided by Users or other third parties. You further acknowledge that anti-SLAPP laws may require a party that improperly seeks to impose liability on the Company for the exercise of free-speech or petition rights to pay the Company’s attorneys’ fees and costs.

24. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Informal Resolution First. Before initiating any arbitration or other proceeding, you and the Company agree to first attempt to resolve the dispute informally. The party raising the dispute must send a written notice describing the claim and the relief sought to the other party (to the Company at [email protected]). You and the Company will attempt in good faith to resolve the dispute for sixty (60) days after notice is received. If the dispute is not resolved within that period, either party may commence arbitration.

Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or your access to or use of the Website, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by final and binding arbitration, except as expressly provided below. This agreement to arbitrate is intended to be broadly interpreted and applies to claims that arose before, on, or after the date you accepted these Terms of Use, and survives termination of these Terms of Use.

Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for disputes arising from a Business Account, its Commercial Arbitration Rules) in effect at the time the arbitration is commenced, as modified by these Terms of Use. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat and location of the arbitration will be Orlando, Orange County, Florida, although the parties may agree to conduct the arbitration by telephone, video, or written submissions, and any in-person hearing will be held in Orlando, Florida unless the parties agree otherwise. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this section.

Arbitrator’s Authority. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of it is void or voidable, and to determine whether a claim is subject to arbitration. The arbitrator may award, on an individual basis, any relief that a court could award under applicable law, subject to the Disclaimer of Warranties and Limitation on Liability sections above. The arbitrator’s award will be in writing and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action and Collective Relief Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM. UNLESS BOTH YOU AND THE COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON. IF THIS CLASS-ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM, AND ONLY THAT CLAIM, WILL BE SEVERED AND BROUGHT IN COURT RATHER THAN IN ARBITRATION.

Jury Trial Waiver. YOU AND THE COMPANY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE THAT, FOR ANY REASON, PROCEEDS IN COURT RATHER THAN IN ARBITRATION.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, either party may: (i) bring an individual claim in small claims court if it qualifies and remains in that court; and (ii) bring an action in court to seek injunctive or other equitable relief to protect intellectual property rights or to address unauthorized access to, or misuse of, the Website. Such claims are not subject to the agreement to arbitrate, but remain subject to the class-action and jury-trial waivers above to the extent permitted by law.

Right to Opt Out. You may opt out of this agreement to arbitrate by sending written notice of your decision to opt out to [email protected] within thirty (30) days after you first accept these Terms of Use. Your notice must include your name and the email address associated with your Account. If you opt out, neither you nor the Company will be required to arbitrate, and the Governing Law and Jurisdiction section below will govern. Opting out of arbitration has no effect on any other provision of these Terms of Use.

Changes to This Section. If the Company makes any material change to this section after the date you first accepted these Terms of Use, you may reject the change by sending written notice to [email protected] within thirty (30) days of the change, in which case the most recent version of this section before the change will apply.

25. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. To the extent any dispute is not subject to arbitration as set out above, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal or state courts located in the City of Orlando and County of Orange, Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country or state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. Limitation on Time to File Claims

27. Termination

You may terminate these Terms of Use at any time by closing your Account and discontinuing all access to and use of the Website. Unless otherwise prohibited by law, we may close your Account, suspend your ability to use all or part of the Website, terminate any license or permission granted to you, and ban you from the Website, for any or no reason and without notice or liability. Any such action could prevent you from accessing your Account, the Website, Your Content, or other Service Content. Provisions of these Terms of Use that by their nature should survive termination will survive, including the Definitions, Intellectual Property Rights, User Contributions, Feedback and Suggestions, Indemnification, Disclaimer of Warranties, Limitation on Liability, Dispute Resolution, Governing Law, Limitation on Time to File Claims, and General Terms sections, as well as the Additional Terms for Business Owners and Store Operators.

28. General Terms

We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability.

These Terms of Use do not, and are not intended to, confer any rights or remedies upon any person other than you and the Company, except that the Company’s affiliates, licensors, service providers, and the other parties identified in the Indemnification, Disclaimer of Warranties, and Limitation on Liability sections are intended third-party beneficiaries of those sections.

No waiver by the Company of any term or condition set out in these Terms of Use is deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use does not constitute a waiver of such right or provision. Any waiver must be in a writing signed by the Company.

If any provision of these Terms of Use is held by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision is eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use continue in full force and effect.

These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you in violation of this provision is void.

No joint venture, partnership, employment, agency, or fiduciary relationship exists between you and the Company as a result of these Terms of Use or your use of the Website. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Viz Answers, Inc. d/b/a Universal Drinkers regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

29. Your Comments and Concerns

This website is operated by Viz Answers, Inc. d/b/a Universal Drinkers.

All notices of copyright or trademark infringement claims should be sent to the designated agent at [email protected].

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].