Terms and Conditions

Welcome to One Hour Online (OHO) Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.

This Agreement (the "Agreement") is a legal agreement between you and One Hour Online (OHO). ("One Hour Online (OHO)” or OHO”) that states the terms and conditions under which you may receive the One Hour Online (OHO) service and use onehouronline.com If you use the One Hour Online (OHO)’s service or onehouronline.com , you agree to these terms and conditions.

1. One Hour Online (OHO)’s Delivery Service and Website. The One Hour Online (OHO) service is a transaction, information and communication service available to authorized users ("customers") who access onehouronline.com OHO currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

a. Grocery Shopping and Delivery Service. One Hour Online (OHO)'s employees, agents or designees will shop and deliver grocery orders placed with One Hour Online (OHO). Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of checkout. (Vacation guest, please refer to [b] of this section) You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If One Hour Online (OHO) Delivery cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied with an item purchased through the OHO, you may return it and it will be credited against your next OHO order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. One Hour Online (OHO)'s liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

b. Grocery delivery to vacation addresses. As part of our service to the vacationing guest we set the delivery to a logistical route with no set time of delivery. Instead, the delivery begins at noon and in most cases is completed between 4:00 pm and 5:00 pm depending on number of deliveries and traffic that day; We will secure access to the vacation address and place the groceries appropriately. There is a service fee for this which can be seen during check out and must be purchased by clicking on the add button.

In some areas, you may choose to receive your One Hour Online (OHO) order as an unattended delivery, and your order will be left unattended at your door or other place you designate. OHO may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. One Hour Online (OHO) is not responsible, and you agree not to hold OHO or its employees responsible, for any damage or theft that occurs to an unattended delivery. OHO reserves the right to refuse to leave an order unattended if the One Hour Online (OHO) delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

2. Third Party Information Providers and Merchants. You agree to provide The OHO service may permit you to order and receive products, information and services from businesses which are not owned or operated by OHO. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. One Hour Online (OHO) does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the One Hour Online (OHO) service.

3. Your Member Account. You agree to provide You agree to provide One Hour Online (OHO) with accurate and complete information as required by registration for the One Hour Online (OHO) service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify One Hour Online (OHO) of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the One Hour Online (OHO) service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify OHO immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the One Hour Online (OHO) Service until you notify OHO of the unauthorized use, loss or theft.

4. Property Rights – onehouronline.com

a. Copyright: All content on onehouronline.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of One Hour Online (OHO) 2019. ALL RIGHTS RESERVED, or its content providers. One Hour Online (OHO) authorizes you to view, electronically copy and to print in hard copy portions of onehouronline.com for the sole purpose of placing an order with One Hour Online (OHO) for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on onehouronline.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of One Hour Online (OHO) is strictly prohibited. OHO reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from OHO.

b. Trademarks: All One Hour Online (OHO) logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of OHO or otherwise proprietary to OHO and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on onehouronline.com are the property of their respective owners.

5. Fees, Payment and Access You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current One Hour Online (OHO) fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the OHO fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), One Hour Online (OHO) may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that One Hour Online (OHO) may incur in its efforts to collect any unpaid balances from you. OHO reserves the right to establish a credit limit for your account. Your right to use the One Hour Online (OHO) service is also subject to limits established by your credit card issuer.

6. Unauthorized or Fraudulent Use. One Hour Online (OHO) does not offer the OHO service to children. By registering for the One Hour Online (OHO), you warrant that you are at least 18 years old. If you are under 18, you may use the OHO Service only with the involvement of a parent or guardian. From time to time, OHO may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and OHO reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

7.Changes in Agreement, Fee Schedule or One Hour Online (OHO) Service. OHO may at any time change any of the terms of this Agreement or the OHO fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the One Hour Online (OHO) service. If OHO makes material changes to this Agreement or changes to the OHO fee schedule, One Hour Online (OHO) will provide notice to you in a manner provided in this Agreement. Your use of the One Hour Online (OHO) service after any such change will be conclusively deemed acceptance of such change. One Hour Online (OHO) may discontinue or revise any or all aspects of the OHO service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your One Hour Online (OHO) Service and terminate this Agreement.

8. Termination. One Hour Online (OHO) may suspend or terminate your access to the OHO service at any time for any reason with or without notice to you. You may terminate your OHO service at any time for any reason by delivering notice in a manner provided in this agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your OHO Service for any reason, you will not be entitled to a refund of any fees. OHO reserves the right to collect fees and charges incurred before you cancel your OHO Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

9. Limitation of Liability and Disclaimer of Warranty. Your use of the One Hour Online (OHO) service, onehouronline.com and the internet is entirely at your own risk. The One Hour Online (OHO) service, onehouronline.com and its contents are provided on an "as is", "as available" basis.

To the fullest extent permitted by law, One Hour Online (OHO), disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. One Hour Online (OHO) does not warrant that the functions provided by onehouronline.com will be uninterrupted or error-free, or that onehouronline.com or the server that makes it available are free from viruses or other harmful components.

The material on onehouronline.com">onehouronline.com is provided for lawful purposes only. One Hour Online (OHO) controls and operates onehouronline.com">onehouronline.com from its headquarters in New York, NY, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use onehouronline.com from other locations, you are responsible for compliance with applicable local laws. Indemnification. You agree to defend, indemnify and hold One Hour Online (OHO) and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

10. Privacy and Security. Your privacy is important to us here at One Hour Online (OHO). We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at onehouronline.com , you are accepting the practices described in this Privacy Policy. When you register with One Hour Online (OHO), you provide us with your name, billing and delivery addresses, e-mail address, telephone number, and credit card account number and expiration date. You select a username and password allowing you access to the One Hour Online (OHO) service. Your password should be kept strictly confidential to prevent unauthorized use. While using the One Hour Online (OHO) service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. One Hour Online (OHO) also receives and stores certain types of information whenever you interact with us through the use of "cookies." Cookies are identifiers transferred to your computer's hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These "cookies" allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that One Hour Online (OHO) may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those One Hour Online (OHO) Services that require the use of such cookies. One Hour Online (OHO) uses your information to enhance and personalize your shopping experience. One Hour Online (OHO) does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service or as described below.

11.Legal and Miscellaneous.

a. This Agreement states your entire agreement with One Hour Online (OHO) regarding the use of the One Hour Online (OHO) Service and onehouronline.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

b. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

c. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with One Hour Online (OHO) or its Associates or relating in any way to your use of the One Hour Online (OHO) or onehouronline.com resides in the courts of New York, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of South Carolina in connection with any such dispute.

d. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or is barred.

e. Sections 7 and 8 of this Agreement are for the benefit of One Hour Online (OHO) and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your One Hour Online (OHO) service.

Notices. One Hour Online (OHO) may give notice to you of a change in this Agreement, a change in the OHO Fee Schedule, and any other matter by general posting on onehouronline.com, by electronic mail. You may give notice to OHO by telephone (1-718 301 9133), by electronic mail (visit Contact Us on onehouronline.com ), or by conventional mail to:

One Hour Online Inc. (OHO)

347 5th Avenue Suite 1402-233,

New York, NY 10016.

Attention: TERMS AND CONDITIONS

If you have any questions about this agreement, please email us at hello@onehouronline.com.

______________ & OHO Agreement


THIS AGREEMENT is by and between Delivery One Hour Online Inc. (OHO), (DBA onehournline.com), hereafter referred to as OHO (One Hour Online Delivery Service) and Restaurant Name ______________________________, hereafter referred to as (Restaurant) and _____________________________________________ hereafter referred to as RESTAURANT and located at: ________________________________________________________________________ Commencing on or before _______________, 20___, OHO will promote and deliver food from RESTAURANT to neighborhood residences, hotels and businesses, between the hours the RESTAURANT and OHO are open for business. Delivery service between OHO and RESTAURANT shall continue even after this agreement is fulfilled. RESTAURANT, __________________, OHO, agreement may be canceled or modified by mutual written agreement with 30-days notice.

RESTAURANT shall determine which items will be available for delivery and pricing of said items. Evidence of items and pricing structure shall be attached to, and become part of this agreement. RESTAURANT, to the best of their ability, will provide well packaged and labeled meals in a timely fashion.

DRIVERS will pick up food from RESTAURANT, deliver to customer, and will collect the menu price of the food, plus tax and delivery charge. OHO will remit to RESTAURANT on a daily basis, 70% of the menu price of the food delivered. All sales to OHO will be treated as ‘taxable’. OHO will pay RESTAURANT the taxable amount for the orders. This makes it the responsibility for the appropriate sales tax to the proper city, county and state municipalities, based upon food delivery location. (Allows restaurant to pay sales taxes)

OHO will, create, post, and promote the Restaurant’s menu online, engage drivers and hire dispatchers as necessary to deliver Restaurant’s food. OHO reserves the right to choose the paper, printer, fonts, type sizes and distribution method necessary to create and distribute menu guides, flyers, mailers, newsletters and posting to the internet.

RESTAURANT may use OHO’s name, logo and telephone number in their advertising to promote the fact that their food is available for delivery in a limited area through OHO.

OHO shall have the right to use Restaurants name and logo in OHO advertising, promoting the fact that Restaurants food is available for delivery in a limited area through OHO.

Non-compete during the term of this agreement, RESTAURANT agrees not to engage another delivery service of this kind or to start their own deliveries.

Additional Provisions:

Attorneys' Fees: Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to legal proceedings in connection with this Agreement or Restaurants relationship with the OHO, the party or parties prevailing in such legal proceedings shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys' fees and costs in such legal proceedings from the non-prevailing party or parties.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law principles. Entire Agreement: This Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. Amendment: This Agreement may be amended only by a writing signed by OHO, _______________, and by a duly authorized representative of the Restaurant.

Severability: If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.

Construction: The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party.

Rights Cumulative: The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.

Non-waiver: No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the OHO, by an officer of the OHO or other person duly authorized by the OHO. Remedy for Breach. The parties hereto agree that, in the event of breach or threatened breach of any covenants of Restaurant, the damage or imminent damage to the value and the goodwill of the OHO's business shall be inestimable, and that therefore any remedy at law or in damages shall be inadequate. Accordingly, the parties hereto agree that the OHO shall be entitled to injunctive relief against Restaurant in the event of any breach or threatened breach of any of such provisions by Restaurant, in addition to any other relief (including damages) available to the OHO under this Agreement or under law.

Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to The restaurant or to the OHO’s principal office, as the case may be.

Assistance: Restaurant shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the OHO as may reasonably be required by the OHO in connection with work performed by Contractor; provided, however, that such assistance following termination shall be furnished at the same level of compensation. Disputes: Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards OHO, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in state or federal court in New York. Each party (1) submits to the jurisdiction of such court, (2) waives the defense of an inconvenient forum, (3) agrees that valid consent to service may be made by mailing or delivery of such service to the Secretary of State (the "Agent") or to the party at the party's last known address, if personal service delivery can not be easily effected, and (4) authorizes and directs the Agent to accept such service in the event that personal service delivery can not easily be effected. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above.

Signed this _______ day of ___________, 20___.

For RESTAURANT:

____________________ Signature

____________________ Print Name/Title

For (One Hour Online Inc.):

____________________ Signature

____________________ Print Name/Title

Terms and Conditions - Customers

WELCOME TO ONE HOUR ONLINE INC. AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE, EMAIL, FAX, OR THROUGH THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.

By placing an order with us by telephone, fax, email, or online, you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website. This Agreement is between you and One Hour Online Inc.(the “Company” or “One Hour Online”) that states the terms and conditions under which you may use the Site and receive deliveries from us. One Hour Online Inc. is the owner of the following trademarks: One Hour Online Inc. https://www.onehouronline.com , and the One Hour Online (OHO) logo. This Agreement is binding on you whether you purchase from us via Apps or our website.

OUR DELIVERY SERVICE

When you place an order, we use all reasonable efforts to deliver to you at the time of your choosing or by 5:00 pm on the day of your arrival. Once you place your order by online, we will act as bailee for the ordered products. You can modify an existing order at any time up until the order leaves the store by calling our customer service number at 718 301 9133. Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.

PRICE AND AVAILABILITY

From time to time, products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute the closest product. We do not set the prices for the items you select on your grocery list. We pay the prices that each individual store has already set. To receive delivery, you do not need to be present to receive your order from our driver. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your groceries to you by 5:00 pm on the date of your arrival.

Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction. In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.

Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information. Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.

PAYMENT

We accept only credit/debit cards. In the event your card is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. From time to time, we may permit you to order and receive products from businesses that we don’t use on a regular basis. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise received from these businesses and the fact that we make such products available should not be construed as an endorsement of these businesses or the products they provide.

COPYRIGHT AND OWNERSHIP

All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, One Hour Online Inc. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that One Hour Online and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. One Hour Online Inc. reserves the right to revoke your use of the Site.

TRADEMARKS

One Hour Online (OHO) , One Hour Online Inc., https://www.onehouronline.com, the One Hour Online (OHO) logo, graphics, trademarks, and/or trade dress of One Hour Online (OHO ) are proprietary to One Hour Online and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification for the delivery of all tobacco and alcohol orders.

YOUR PERSONAL INFORMATION

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and e-mail address. You can update your information anytime that you place an order. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on the Site and with this Agreement. Our secure server encrypts your credit card information, among other things so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. One Hour Online (OHO) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential at all times. When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software. This technology works best when the Site is viewed using the latest version of Microsoft`s Internet Explorer & Google Chrome.

PURCHASE OF ALCOHOLIC BEVERAGES

By New York State Law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion. Once you check out, you have affirmatively stated and certified that you are old enough to legally purchase alcohol and/or tobacco products and that you are purchasing such products for your own consumption and no other purpose. In the case of alcohol, you state and certify that you are 21 years of age or older. In the case of tobacco products, you state and certify that you are 18 years of age or older. You further certify that you will personally receive the alcoholic beverages and/or tobacco products and that you will have your identification available for inspection or you will fax your identification ahead of time where it will be kept on file for future orders. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT, OR NOT ACTUALLY HIS/HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

ACCEPTABLE USE POLICY

You agree not to engage in unacceptable use of our service, site, or systems. Among other things, you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.

Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet. The Company’s delivery liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this agreement. We reserve the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law. The material in the Site is provided for lawful purposes only. You agree to defend, indemnify, and hold One Hour Online (OHO) harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

MISCELLANEOUS

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. One Hour Online (OHO) may suspend or terminate this Agreement or the One Hour Online (OHO) or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this Agreement, you may terminate your acceptance by emailing us at hello@onehouronline.com and by no longer accessing our website. One Hour Online (OHO) reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

NOTICES

We may give notice to you of a change in this Agreement and any other matter through a general posting on the One Hour Online (OHO)Site, or other means determined by the Company.

ENTIRE AGREEMENT

This Agreement and the Privacy Policy referred to herein represent your entire agreement with One Hour Online (OHO) regarding the use of the service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and One Hour Online (OHO). If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of rules. You expressly agree that exclusive jurisdiction for any claim or dispute with One Hour Online (OHO) or relating in any way to your use of the service or the Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving One Hour Online (OHO). Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

FUTURE AMENDMENTS

One Hour Online (OHO) may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. Customers who prefer to place order by telephone agree to be bound by the terms of this Agreement, as amended from time to time. In all cases, as a condition of making deliveries to you, you agree to review this Agreement from time to time.