Acceptance of Terms.
The Terms of Use Agreement constitutes a legally bindingagreement between you, whether personally or on behalf of an entity (“you”) andRONPÓN LLC (“Company”) concerning your access to and use of the Company’s websiteor app (“Site”). Any person who wishes to access the Site to viewand/or conduct business or to otherwise use the Site (collectively, the“Services”) must, before registering and becoming a member of the Site, acceptthe terms and conditions of this Terms of Use and our Privacy Policy (theTerms, Privacy Policy, and additional terms that you agree to, as discussed inthe Entire Agreement section, are referred to together as the “Agreements”) byclicking on the I Agree icon at the bottom of the dialog box. PLEASE REVIEW THEFOLLOWING TERMS OF USE CAREFULLY BEFORE ACCEPTING THE AGREEMENT. BY CLICKING ONTHE “I ACCEPT ICON”, REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BEBOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND ALLPOLICIES AND GUIDELINES INCORPORATED BY REFERENCE; ALL OF WHICH YOU SHALL BEBOUND BY AND THEREFORE LEGALLY ENFORCEABLE AGAINST YOU. YOU FURTHERCONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU WILL PROVIDE A GOVERNMENTISSUED POTO IDENTIFICATION AND A PHYSICAL CREDIT CARD USED TO MAKE THE PURCHASE(IF REQUESTED) UPON DELIVERY, TO VERIFY YOUR AGE AND IDENTITY.
Company grants you a non-transferable, non-exclusive limitedlicense to access and make personal use of the Services and the webpage,subject to the terms of use. This license allows you to use the Servicesfor your personal, non-commercial use. The license also allows you todownload, install any of the Company’s software on a device that you own orcontrol for your personal non-commercial use. Company’s grant of thislicense does not permit you to duplicate, transfer, give access to, copy ordistribute any part of the Services in any way, or use the Services in anymanner not consistent with the Terms of Use.
Company provides a delivery service only, for a local supermarket(the “Retailer”), through which all orders and purchases are processed. Company does not hold a license to sell alcohol, nor is it a licensedretailer. At the time you purchase alcoholic beverages or other items(“Products”), you are purchasing those items from a licensed retailer, and yourcredit card and/or bank account will be charged by a third party credit cardprocessing provider who will transfer and deliver the funds to the Retailer.
Neither Company, nor any officer, director, employee,shareholder or agent of Company shall be liable to the User or any third-partyfor any claims relating to the purchase, sale, delivery and/or consumption ofthe alcoholic beverage or any consequences which may result thereof.
By completing an order through the website, you agree thatyou are 18 years of age or older and that you will be present to accept thedelivery of alcoholic beverages. You agree that you will not beintoxicated when receiving delivery of such products. If you are sendinga gift, you agree that the recipient is an individual 18 years of age or older.
All deliveries including alcoholic beverages must beaccepted by the account holder, who is capable of proving that he or she is 18years or older and can provide a valid form of government issued identificationat the time of delivery.
If there is no individual who is 18 years of age or older orcannot provide a valid identification showing that he or she is 18 years of ageor older, the delivery driver (the “Delivery Person”) will not completedelivery of the Products. Additionally, if the DeliveryPerson is unable to contact you or the account holder at the specifieddelivery address for five (5) or more minutes, all Products will be removedfrom the order and returned to the Retailer and the User will be charged thetotal amount of the order.
The Delivery Person reserves the right torefuse to deliver Products for any reason. This reservation of rightsincludes, but is not limited to, refusing service to individuals who arevisibly intoxicated or to deliver in a specific location for safetyreasons. The Retailer reserves the right to not accept any order for anyreason.
The following activities are strictly prohibited:
Some or all of the material made available at the Site isprotected by copyright. No material from the Site may be copied, reproduced,republished, uploaded, posted, transmitted, or distributed in any way withoutCompany’s written consent, except that you may download one copy of thematerials on any single computer and produce one printed copy for yourpersonal, noncommercial use only, provided that you keep intact all copyrightand other proprietary notices. Modification of the materials or use of thematerials for any other purpose is a violation of copyright and otherproprietary rights. Permission for all other uses of materials contained herein,including reproducing and distributing multiple copies, or linking to any pageat this Site except the “home page”, must be obtained from Company. Requestsfor such authorization should be sent via email to:
For purposes of this Agreement, the use of any such materialon any other web site or networked computer environment is prohibited. AllRights, including design rights, databases and compilation and otherintellectual property rights, in each case whether registered or unregistered,and related goodwill is proprietary of Company.
In the event that you download software from the Site, thesoftware, including any files, images incorporated in or generated by thesoftware, and data accompanying the software (collectively, the “Software”) arelicensed to you by Company. Company does not transfer title to the Software toyou. You may own the medium on which the Software is recorded, but Companyretains full and complete title to the Software, and all Rights therein. TheCompany software applications and the Content are licensed, not sold, to you,and Company and its licensors retain ownership of all copies of the Companysoftware applications and Content even after installation on your personal computers,mobile handsets, tablets, and or other relevant devices (“Devices”). Youmay not redistribute, sell, decompile, disassemble or otherwise reduce theSoftware to a human-perceivable form, except to the extent permitted byapplicable law and upon giving Company prior written notice of such activities.
All trademarks, service marks, logos and trade names,whether registered or unregistered, are proprietary to Company or to othercompanies where so indicated. You may not reproduce, download or otherwise useany such trademarks, service marks, logos or trade names without the priorwritten consent of the appropriate owner thereof.
You may not distribute, reproduce, republish, display,modify, transmit, reuse, repost, or use any materials of the Site for public orcommercial purposes on any other Web site or otherwise without the writtenconsent of Company. The modification of any materials displayed on the Site isa violation of copyright and other Rights held and/or owned by Company, itslicensors and/or other third parties.
Images of people or places displayed on the Site are eitherthe property of, or used with permission by Company. The use of these images byyou, or anyone else authorized by you, is prohibited unless specificallypermitted by this Agreement or specific permission provided elsewhere on theSite. Any unauthorized use of the images may violate rights, privacy andpublicity laws, and communications regulations and statutes. Company neitherwarrants nor represents that your use of materials displayed on the Site shallnot infringe rights of third parties not owned by or affiliated with Company.
You may not (and you agree not to permit another person to):(i) redistribute, sell or otherwise copy the Site; (ii) modify, translate orcreate derivative works based on the Site; (iii) attempt to decompile, reverseengineer, disassemble or otherwise reduce the Site to a human-readable form,except to the extent applicable laws specifically prohibit such restriction;(iv) remove any identification, copyright or other proprietary notices; or (v)create software that incorporates the Site.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OFTHE SITE, ITS CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHERREPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge thatthe Site is not intended for use in connection with any high risk or strictliability activity and the Site makes no warranty and shall have no liabilityin connection with the use of the Site in any such situations.
You understand that Company reserves the right to prosecute,to the fullest extent of the law any attempt by you to misconstrue your age,either directly or indirectly; or any attempt to use Company’s Services toprovide alcohol to an individual who is under the age of 18.
(a) By posting your Content using the Services, you aregranting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual,worldwide, and fully transferable, assignable, and sublicensable right andlicense to use, copy, reproduce, modify, adapt, publish, translate, createcollective or derivative works from, distribute, perform and display yourContent in whole or in part and to incorporate it in other works in any form,media, or technology now known or later developed. You further warrant that allso-called moral rights in the content have been waived.
(b) By posting content to the Site, you warrant andrepresent that you either own or otherwise control all of the rights to thatcontent, including, without limitation, all the rights necessary for you toprovide, post, upload, input or submit the content, or that your use of thecontent is a protected fair use. You agree that you will not knowingly providematerial and misleading false information. You represent and warrant also thatthe content you supply does not violate these Terms. It is your soleresponsibility to ensure that your postings do not disclose confidential and/orproprietary information, including personal financial information, informationcovered by a nondisclosure agreement, and information that you are notauthorized to disclose. We caution you not to disclose personal informationabout yourself or your children, such as social security numbers, credit cardnumbers, etc.
(c) You agree to indemnify and hold Us and Our affiliatedcompanies, and their directors, officers and employees, harmless for any andall claims or demands, including reasonable attorney fees, that arise from orotherwise relate to your use of the Site, any content you supply to the Site,or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under anycircumstances and in any way, for any errors or omissions, loss or damage ofany kind incurred as a result of use of any Content posted on this site. Youagree that you must evaluate and bear all risks associated with the use of anyContent, including any reliance on the accuracy, completeness, or usefulness ofsuch Content. You agree not to collect information about others, includinge-mail addresses, or to use information obtained from the Services to sendother users unsolicited e-mail of any kind.
(c) The postings may provide links to other websites on theInternet. We are not responsible or liable for such content and we make noexpress or implied warranty about the accuracy, copyright compliance, legality,merchantability, or any other aspect of the content of such postings. We arenot responsible or liable for any advertising, products, or other materials onor available from such websites or resources. The inclusion of links does notimply endorsement of the Websites by Us or any association with theiroperators.
(d) We may enable you to establish an account with ausername and password to access and use the Services. You are responsible formaintaining the strict confidentiality of your password, and you areresponsible for any activity occurring through use of your account andpassword. You agree to immediately notify us of any unauthorized use of yourpassword or account or any other breach of security and ensure that you exitfrom your account at the end of each session. We are not responsible or liablefor any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the ageof 18 (“minor children”) through the Services is prohibited. No Content shouldbe directed toward minor children. Minor children are not eligible to use thesite, and we ask that they do not submit any personal information to us.
We respect the intellectual property of others, and we askyou to do the same. If you or any user of this site believes its copyright,trademark or other property rights have been infringed by a posting on thissite, you or the user should send notification to our Designated Agent (asidentified below) immediately. To be effective, the notification must include:
Designated Agent for Claimed Infringement:
Contact:
You acknowledge and agree that upon receipt of a notice of aclaim of copyright infringement, we may immediately remove the identifiedmaterials from our site without liability to you or any other party and thatthe claims of the complaining party and the party that originally posted thematerials will be referred to the United States Copyright Office foradjudication as provided in the Digital Millennium Copyright Act.
Company reserves the right to change any of the terms andconditions contained in this Agreement or any policies or guidelines governingthe Site or Services, at any time and in its sole discretion. Any changes shallbe effective immediately. You are responsible for reviewing the notice and anyapplicable changes. Changes to referenced policies and guidelines may beadopted without notice to you. You shall be able to review and print out themost current version of this Agreement at the time of your first log in afterits adoption. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWINGCOMPANY’S POSTING OF ANY CHANGES IS SUBJECT TO YOUR ACCEPTANCE OF SUCH CHANGESOR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOTCONTINUE TO USE THE SERVICES OR THIS SITE.
TO THE EXTENT PERMITED BY APPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL COMPANY BE HELD LIABLE FOR ANY DAMAGES OF ANY KINDINCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVEAND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR MESSAGES RECEIVEDOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISEUNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OROTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”BASIS.COMPANY CANNOT CONTROL THE NATURE OF THE CONTENT AVAILABLE ON THEWEBSITE. BY OPERATING THE WEBSITE, COMPANY DOES NOT REPRESENT OR IMPLY THATCOMPANY ENDORSES ANY CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON OR LINKED TOBY THE WEBSITE, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTYWEBSITES, OR THAT COMPANY BELIEVES CONTRIBUTIONS OR OTHER CONTENT TO BEACCURATE, USEFUL OR NON-HARMFUL. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BEAT YOUR SOLE RISK. USER’S USE OF AND RELIANCE THEREON ARE AT USER’S OWN ANDSOLE RISK. COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
Other Links.
The Site may provide links to other World Wide Web sites orresources. Because Company has no control over such sites and resources, youacknowledge and agree that Company is not responsible for the availability ofsuch external sites or resources, and does not endorse and is not responsibleor liable for any content, advertising, products or other materials on oravailable from such sites or resources. You further acknowledge and agree thatCompany shall not be responsible or liable, directly or indirectly, for anydamage or loss caused or alleged to be caused by or in connection with use ofor reliance on any such content, goods or services available on or through anysuch site or resource.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITSOFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY ANDALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITEDTO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THISAGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATIONOF ANY COMMONWEALTH, STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES ORREGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING,BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARYRIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE THETERMINATION OF THIS AGREEMENT.
This Site is controlled and operated by Company from itsoffices within the Commonwealth of Puerto Rico. Company makes no representationthat materials in the Site are appropriate or available for use in otherlocations. Access to this Site from jurisdictions where the content of thisSite is illegal or penalized is prohibited.
The Agreement and the relationship between you and Companyshall be governed by the laws of the Commonwealth of Puerto Rico and the UnitedStates without regard to its conflict of law provisions. You and Company agreeto submit to the personal and exclusive jurisdiction of the state and federalcourts located within Puerto Rico. In any action to enforce theseTerms of Use, the prevailing party will be entitled to costs and attorneysfees. Any cause of action brought by you against us must be instituted with oneyear after the cause of action arises or be deemed forever waived and barred.
Company has the right, but not the obligation, to take anyof the following actions in its sole discretion at any time and for any reasonwithout giving you any prior notice:
You agree that upon termination of this Agreement, you mustdestroy all materials obtained from this Site and all copies thereof, whethermade under the terms of this Agreement or otherwise.
You agree that upon termination you shall remain liable toCompany for any and all obligations you may have incurred with Company.
You agree that Company shall not be liable to you or anythird party for taking any of these actions.
Company’s failure to enforce the strict performance of anyprovision of this Agreement shall not constitute a waiver of Company’s right tosubsequently enforce such provision or any other provisions of this Agreement.
If any provision of this Agreement shall be deemed unlawful,void, or for any reason unenforceable, then that provision shall be deemedseverable from these terms and conditions and shall not affect the validity andenforceability of any remaining provisions.
Company may provide you with notices, including thoseregarding changes to the Agreement, by email, regular mail or postings on theSite.
For general questions regarding the Site, its Services,unauthorized transactions, or compromised user information you may contact:
This Agreement and the general terms, conditions set forthon the Site, including but not limited to those set forth in the Privacy Policyand any Policies and Guidelines included by reference, constitute the entireagreement of the parties with respect to the subject matter hereof andsupersedes and cancels all prior agreements, claims, representations andunderstandings of the parties in connection with the subject matter hereof.
Company is not your agent, fiduciary, trustee or otherrepresentative. Nothing expressed or mentioned in or implied from thisAgreement is intended or shall be construed to give to any person other thanthe parties hereto any legal or equitable right, remedy or claim under or inrespect to this Agreement. This Agreement and all of the representations,warranties, covenants, conditions and provisions hereof are intended to be andare for the sole and exclusive benefit of Company and you.
You understand and agree that the Services may includecommunications such as service announcements and administrative messages fromus and that these communications are considered part of the Services. You shallnot be able to opt out of receiving these messages.
This Agreement is effective upon acceptance by you.
Neither party shall be deemed in default hereunder, norshall it hold the other party responsible for any cessation, interruption, or delayin the performance of its obligations hereunder due to earthquake, flood,storm, hurricane, natural disaster, act of God, war, terrorism, labor strike,or boycott, provided that the party invoking this section shall take all stepsreasonably necessary under the circumstances to mitigate the effects of theforce majeure event upon which such notice is based; provided; that in theevent of a force majeure event, as described herein, extends for a period oftime in excess of ten (10) days, Company may temporarily halt the Servicesprovided under this Agreement, and shall have no liability therefore.
RONPON, LLC offers and expects to complete the deliveryservice within a period of one hour or less under normal conditions. Thoughgreater efforts will be made to provide the delivery service within one hour orless, atypical situations and situations beyond our control, including but notlimited to traffic congestion, weather conditions and business or orders morethan usual, may cause unavoidable delays in the delivery time beyond one hour.In extreme situations where the delivery service would be unreasonablyextended, RONPON, LLC reserves the right to inform the client at any momentduring the process that the delivery service could not be provided orcompleted and to cancel the order. In such instance, the money will be creditedto the client, with RONPON LLC having no further responsibility and noliability.