DineRack Terms of Use

Effective Date: July 1, 2025

These Terms of Use (“Terms”) constitute a binding legal agreement between you (“User,” “you,” or “your”) and SupplyDrink (“SupplyDrink,” “Company,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of Missouri, governing your access to and use of the website located at www.supplydrink.com, including all subdomains, platforms, applications, and services operated by or on behalf of SupplyDrink (collectively, the “Site”).

By accessing, browsing, interacting with, or purchasing through the Site, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other applicable agreements, policies, notices, or disclaimers incorporated herein by reference. If you do not agree to all of these Terms, you must immediately cease all use of the Site.

1. Binding Agreement and Amendments

These Terms constitute the entire agreement between you and SupplyDrink concerning your use of the Site. We reserve the right, at our sole discretion, to update, amend, or revise these Terms at any time, with or without notice. Your continued use of the Site following the posting of any such changes constitutes your acceptance of those changes. We are under no obligation to notify you of changes beyond publishing an updated effective date.

2. Eligibility and User Representations

By accessing the Site, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction;
• You have the authority to bind yourself or the legal entity you represent to these Terms;
• You are not accessing the Site from any jurisdiction where its contents or usage would violate local laws or regulations.

Any use of the Site in contravention of this provision shall be deemed unauthorized and in breach of these Terms.

3. Permitted Use and Restrictions

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for the legitimate purpose of browsing and purchasing products for commercial use. You shall not:

• Interfere with, disrupt, or damage the Site or servers;
• Use bots, spiders, scrapers, or other automated means to access data;
• Modify, reverse engineer, or create derivative works based on any part of the Site;
• Misrepresent your identity or affiliation with any entity;
• Circumvent any security or access control technology;
• Frame or deep-link to any content on the Site without express written permission.

Any unauthorized use immediately terminates your limited license and may subject you to civil and/or criminal liability.

4. Order Acceptance and Right of Refusal

All orders placed through the Site are deemed offers to purchase and are subject to our sole and absolute discretion. We reserve the unconditional right to accept, reject, cancel, limit, or modify any order without explanation or liability, including but not limited to circumstances involving pricing errors, product unavailability, suspected fraud, misuse of promotional offers, or violation of these Terms.

Confirmation of receipt of your order (including via automated email) does not constitute acceptance. Title and risk of loss for items pass to you upon our transfer of goods to the carrier.

5. Product Descriptions and Availability

All product specifications, descriptions, pricing, imagery, and availability displayed on the Site are subject to change at any time and may contain typographical, technical, or other errors. While we make reasonable efforts to ensure accuracy, we do not warrant that any information on the Site is complete, reliable, current, or free of inaccuracies. We reserve the right to correct errors or inaccuracies and to cancel orders arising from such errors.

6. Custom Orders and User-Submitted Content

By submitting custom designs, logos, or artwork (collectively, “User Content”) to SupplyDrink for inclusion on products, you:

• Represent and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize SupplyDrink to reproduce and distribute such User Content;
• Grant SupplyDrink a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such User Content for the purpose of fulfilling your custom order;
• Acknowledge that custom orders are final and non-refundable upon your written or digital approval of proofs;
• Agree that SupplyDrink shall have no liability for any IP infringement arising from User Content you submit.

We reserve the right to reject or refuse any User Content at our sole discretion.

7. Shipping, Risk of Loss, and Delivery Timelines

Delivery dates are non-binding estimates. You acknowledge that fulfillment timelines may vary based on order volume, production constraints, carrier issues, weather, or force majeure events. SupplyDrink shall not be liable for any delays, and no order shall be canceled, nor any damages claimed, due to delays in delivery. Risk of loss and title for goods pass to you upon delivery to the shipping carrier.

8. Intellectual Property

All content on the Site — including but not limited to text, product designs, logos, graphics, icons, images, interfaces, code, and the overall design and arrangement — is owned or licensed by SupplyDrink and is protected by U.S. and international copyright, trademark, and intellectual property laws.

You may not use, reproduce, distribute, transmit, display, or create derivative works based on this content without the express prior written consent of SupplyDrink.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUPPLYDRINK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless SupplyDrink and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms or applicable laws;
• Your use of the Site or the products obtained through it;
• Any User Content or custom order designs you submit.

This indemnification obligation survives the termination of your use of the Site.

11. Termination and Suspension of Access

SupplyDrink reserves the unilateral right, without prior notice and at its sole discretion, to restrict, suspend, or terminate your access to the Site and/or cancel orders, for any reason, including but not limited to violation of these Terms or suspected misuse of the platform.

12. Force Majeure

We shall not be held liable for any failure or delay in performance or delivery due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, embargo, labor disputes, supply chain disruptions, internet outages, cyberattacks, or governmental restrictions.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Site shall be instituted exclusively in the state or federal courts located in Saint Louis, Missouri. You consent to the exclusive jurisdiction and venue of such courts.

14. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be severed from the Terms without affecting the enforceability of the remaining provisions. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies posted on the Site, constitute the entire agreement between you and SupplyDrink regarding the subject matter herein and supersede all prior agreements, understandings, representations, and warranties, whether written or oral.

16. Contact Information

If you have any questions about these Terms, you may contact us at:

📧 support@supplydrink.com
📞 (314) 666-0289
🏢 1123 Locust St, STE358, St. Louis, MO 63101