Terms of Use & Terms of Sale

Last Updated on March 5, 2024

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) ARE AT LEAST 21 YEARS OLD; (B) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND WAIVING YOUR RIGHT TO A CLASS ACTION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.

Introduction

These Terms of Use & Sale (hereinafter, the “Terms”) apply to all users (“You” or “Your”) of the website https://drinkfable.com/ and including all pages available on https://drinkfable.com/ (collectively, “the Websites” or the “Site”); and portals, mobile applications, channels, software, social media pages, including any services, features, pages, and functions contained or offered therein, (collectively, the “Services”) provided by Fable Libations LLC or its parent companies, affiliates or subsidiaries. As used in the Terms and on the Site, the terms “Fable”, “We”, “Our”, or “Us” refers to Fable Libations LLC as well as any of its parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees. These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

YOUR USE OF THE SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM, THUS PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE OR ORDER ANY PRODUCTS.

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SALES TRANSACTION(S)  YOU MAY CONTEMPLATE OR CONDUCT ON THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.

Age And Eligibility

In order to access the Websites and Services, You must be at least twenty-one (21) years old. You may be asked to verify that You are over the applicable age limit during Your use of the Websites or Services and You hereby agree that You shall not misrepresent Your age or status. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users.

Acceptance

You agree to abide by all applicable federal, state and local laws and understand You will be legally bound by the terms and conditions of these Terms. You confirm and acknowledge that Fable will not be held liable at any time for any liability resulting from the use of the Websites or Services.

You confirm that You are twenty-one (21) years of age or older (the “Age Requirement”), and are fully able to enter into the terms and conditions set forth here. If You do not meet the Age Requirement, You are not permitted to use the Websites or the Services.

By entering the Websites or using the Services, You agree to be bound by the Terms. If for any reason You do not accept and agree to these Terms, the Privacy Policy, and DMCA Policy, then access to Fable’s Websites and Services is strictly prohibited.

Our Products Contain THC

Through the Websites, we promote or provide information related to hemp-derived THC infused beverages and related items (“Products”). You acknowledge that our Websites, Products, and Service are only for residents of States where the Products are legal and who are at least 21 years of age. You acknowledge and represent to us that You are familiar with and assume full responsibility for cooperating with all laws regarding the use, possession, and consumption of THC infused beverages in Your State and local municipality. You are responsible for ensuring that Your use of the Website, Products, and Services is compliant with all applicable laws and regulations. Keep all THC infused products out of reach of children and animals. Intoxicating effects of THC-containing products may be delayed up to two (2) hours. Use of THC-containing products while pregnant or breastfeeding may be harmful. Consumption of THC-containing products impairs Your ability to drive and operate machinery, please use extreme caution.

Changes To The Terms And Privacy Statement

You understand that the current Terms and Privacy Policy are subject to changes made by Fable at any time, and You agree to be bound by all changes, modifications and revisions. You fully understand that it is Your sole obligation to review the Terms periodically to account for changes that have been made as any and all future changes and additions will be considered binding. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and You waive any right You may have to receive specific notice of such changes or modifications, and to the extent permitted by law You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. If You do not agree to the amended Terms, You must stop using the Site.

TERMS OF SALE

  • Online Orders: When placing an order on our Site, You are offering to purchase whatever products You select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept Your offer, You will receive a confirming email at the email address that You provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, You have the option of cancelling Your order (in its entirety only) at any time prior to our having sent to You the confirming email referenced herein.
  • Payment Terms: All applicable prices are set forth alongside the goods offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of Your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit or debit card. By using any such card or payment provider, You are hereby representing and warranting Your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.  You represent and warrant that (i) the credit and debit card information You supply to us is true, correct and complete, (ii) You are duly authorized to use such credit and debit card for the purchase, (iii) charges incurred by You will be honored by Your credit and debit card company, and (iv) You will pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Websites at the time of Your order.
  • Shipping Information: It is our responsibility to ship Your accepted order to You at the address You provide when making the order. You will be responsible for all associated shipping & handling charges, unless otherwise noted. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
  • Shipments, Delivery, Title and Risk of Loss: Title and risk of loss pass to You upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  • Representations & Warranties; Disclaimers; Limitations on Liability:
    • Buyer’s Representations & Warranties. You represent and warrant to us as follows: (i) that You have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) You will not use or access the Site or Content (as defined below) or place any order for products on our Websites if You are under the age of twenty-one (21), or are otherwise incapable of consenting to a legally binding contract;
    • that You will use the goods provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that You are buying goods or services from the Site for solely Your own use, and not for resale and/or export.

REFUND AND RETURNS POLICY

The below Returns and Refunds policies apply to the products purchase directly from the Us only and are subject to the other provisions of the Terms at all times.  For any products sold by third-parties, please refer to the Terms & Conditions of the applicable third-party for any returns and/or refunds policies.

Returns

We do not accept returns of any consumable products purchased online. All Products returned without our written authorization will be discarded on receipt.

At our discretion, we may ask you to return products back to us. If a return is requested, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return and obtaining authorization will not be accepted.

You can always contact us for any return questions at customersupport@drinkfable.com.

Damages and Issues

Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and make it right.

Unfortunately, we cannot accept returns on gift cards, or other virtual products.

Refunds

A refund may be requested in the following circumstances:

  1. Order(s) placed online for shipping may be canceled, and refunded before they are shipped. Once an order has been shipped and a tracking number has been issued, we are unable to cancel your order, or issue a refund.
  2. Order(s) that arrive with products damaged during shipping, or for other product-related issues at our discretion

If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than 15 business days have passed since we’ve approved your return, please contact us at customersupport@drinkfable.com.

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and We reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We reserve the right, in Our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

PRODUCT AVAILABILITY AND PRICING

Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact You for instructions before shipping the product or cancel the order and notify You of such cancellation. If the order has been shipped, You agree to either return the product or pay the difference between the actual and charged prices. Our product availability and prices are also subject to change without notice.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after You have submitted Your order). If You have any questions, please do not hesitate to contact one of our customer service representatives at customersupport@drinkfable.com.

PRODUCT DESCRIPTIONS

Fable makes all reasonable efforts to display the products listed for sale on the Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of Your computer monitor, will affect the colors that You actually see on Your screen. Fable cannot guarantee that Your monitor’s display of any product color, texture or detail will be accurate. In addition, Fable does not warrant that product descriptions or other content are accurate, complete, reliable current or error free.

SPECIAL OFFERS

Occasionally, we may offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, special offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

PRIVACY

Please review our Privacy Policy, which also governs Your use of the Site, to understand how we collect, use, disclose, and secure personal information, as well as any rights that You may have.

ELECTRONIC COMMUNICATIONS

When visiting the Site, or when You send us emails, You are communicating with us electronically. By using the Site, You consent to receive communications from us electronically. including targeted emails, surveys, promotional offers and for other general business purposes. We may communicate with You by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically will satisfy any legal requirement that such communications be in writing.

GEOGRAPHIC RESTRICTIONS

Fable is based in the United States. Access to the Site or purchase of our Products may not be legal by certain persons, or in certain States or countries, and our products may only be available for purchase and delivery where legally permissible. When You access the Site, You do so on Your own initiative and are responsible for compliance with local laws.

User Registration And Accounts

In order to access or use some of the Websites or Services, You may need to first register and create an individual account for Yourself for such Websites or Services (each an “Account”).

By creating an Account, You agree that:

  1. You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. Fable may reject the use of any password, username, or email address for any reason in our sole discretion.
  2. All required registration information You submit is truthful and accurate, including but not limited to Your state of residence. You agree that You will maintain the accuracy of such information. You may not create more than one Account. You may delete Your Account at any time.
  3. If You provide any information that is untrue, inaccurate, outdated, or incomplete, Fable may suspend or terminate Your Account and refuse You any and all current or future access to or use of the Websites and Services (or any portion thereof). If You fail to update Your information in a timely manner, then Fable has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow Fable to suspend or terminate Your Account and refuse You any and all current or future access or use of the Websites and Services (or any portion thereof).
  4. You are responsible for maintaining the confidentiality of Your Account login information and for restricting access to Your Account so that others may not access any password-protected portion of the Websites or Services using Your Account login information. You are fully responsible for all activities that occur under Your Account, password, and username—whether or not You authorized the activity.
  5. You will immediately notify Fable at customersupport@drinkfable.com of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. You agree that Fable will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
  6. We may permit You to login to the Site or Service or otherwise associate Your Fable Account with Your login credentials from certain social networking sites or other third party accounts (e.g., Facebook, Google, Apple) (“SNS”). If You log in or otherwise associate Your Account with Your login credentials from a SNS, Fable may receive information about You from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If You elect to share Your information with these SNSs, we will share information with them in accordance with Your election. The terms of these SNSs will apply to the information we disclose to them.
  7. You will not sell, transfer, assign, or provide a copy of, Your Account, Account login information, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all Protected Information in strict confidence.
  8. You will not share or allow any third party to utilize Your Account on Your behalf.
  9. You will not use Protected Information of others.

If any information that You provide, or if Fable has reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, the Privacy Policy, the DMCA Policy, or any applicable law, then Fable may suspend or terminate Your Account and access to and use of the Websites and Services, at its sole discretion, and without advance notice or any liability for such termination.

Your Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Fable may offer You the ability to set preferences relating to Your Account, but changes to Your settings may not become effective immediately or be error free, and options may change from time-to-time. Fable assumes no responsibility or liability for any issues, problems, or content on Your Account.

Accounts may only be set up by an authorized representative of the individual that is the subject of the Account. Fable does not review each Account to determine if it was created by an appropriate party. In addition, Fable is not responsible for any unauthorized Account that may appear on the Services. If You believe that an Account listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to customersupport@drinkfable.com.

User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Websites or Services, including without limitation, content in Your Account profile, reviews or postings. You acknowledge and agree that Fable is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Fable does not assume and will not have any liability or responsibility to You or any other person or user for Your use or misuse of any User Content.

You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the Terms. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by Fable. Because You alone are responsible for Your User Content (and not Fable), You may expose Yourself to liability if, for example, Your User Content violates the Terms. Fable is not obligated to backup any User Content and User Content may be deleted at any time.

You hereby grant, and You represent and warrant that You have the right to grant, to Fable an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Websites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

Third Party Materials

The Websites or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, as well as materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Fable is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fable does not assume and will not have any liability or responsibility to You or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk. When You link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

The Websites or Services might display, include, or make available coupons, promotional codes, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Fable displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Fable, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to You in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.

Indemnity And Release

You agree to indemnify and hold Fable (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) Your use or misuse of the Websites or Services, (ii) Your User Content, (iii) Your violation of these Terms, the Privacy Policy, or the DMCA Policy, or (iv) Your violation of applicable laws or regulations. Fable reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us or any other indemnitee hereunder and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fable. Fable will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

If there is a dispute between users of the Websites or Services, including between You and any Third Party featured on our Websites or Services, (each, a “Dispute”), You understand and agree that Fable and its affiliates (including the Websites and the Services) are under no obligation to become involved in such Dispute.

You hereby release and forever discharge Fable (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish Your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed.

If You are a California resident or resident of a state with a similar applicable law, You hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in Your state), which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

You agree to not hold Fable liable for any loss or liability to You or any third party arising from Your inability or failure for any reason to comply with any of the Terms, Privacy Policy, DMCA Policy, or other foregoing obligations. You fully understand that Fable reserves the right to hold You responsible for any financial damages or losses which may arise from Your violation of these Terms, Privacy Policy, or DMCA Policy. This includes, but is not limited to, attorneys’ fees, court expenses, and other costs.

Ownership And Intellectual Property Rights

Fable Libations LLC, or its parent companies, affiliates or subsidiaries, owns the Websites, Services, and all content thereon, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites, but excluding Third-Party Material. Any and all intellectual property rights on Fable’s Websites or Services are protected by US and International copyright, patent, trademark and other relevant laws protecting intellectual property and proprietary rights. You may not reproduce, copy, or download any content from Fable’s Websites or Services without the express written authorization to first do so. Commercial use without prior consent is prohibited. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Websites or Services. You may not use any metatags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.

Limited License

Subject to Your compliance with these Terms, the Privacy Policy, and the DMCA Policy, Fable grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, intended for use only as set forth in this agreement for personal, non-commercial, private and limited uses, to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents, or of the products available on the Websites (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or Fable customer or retailer listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services; or (iv) any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to You in these Terms, the Privacy Policy or the DMCA Policy are reserved and retained by Fable. The licenses granted by Fable shall immediately terminate should You fail to comply with these Terms, the Privacy Policy, or the DMCA Policy.

OPEN SOURCE

The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Links

The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Fable is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fable of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.  You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

User Conduct

You agree to abide by all applicable federal, state and local laws and regulations in connection with the use of the Websites and Services. You also agree that You will NOT:

  1. breach or circumvent any laws, third-party rights or our systems, policies;
  2. review the information and data on our Websites, or place any order for products if You are not at least twenty-one (21) years of age, or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Websites or Services;
  3. order or purchase any products other than for personal consumption by persons legally permitted to consume the products;
  4. upload, post, transmit, broadcast, sell, transfer or otherwise make available any information or data that is false, untruthful, inauthentic, counterfeit, or that You do not have a right to make available;
  5. register for more than one Account on any of the Websites, or register for an Account on behalf of an individual other than Yourself, or a company that You are not authorized to represent or legally bind to a contract;
  6. take any action that may undermine the feedback or ratings systems of the Websites or Services;
  7. transfer Your Account to another individual or entity without our prior written consent;
  8. interfere with or disrupt any Website processes, servers or networks supporting the Websites or Services;
  9. Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
  10. impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files;
  11. use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Websites or Services;
  12. insult, threaten, stalk, harass, mislead or deceive other users of the Websites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
  13. intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations and/or guidelines having the force of law;
  14. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the United States Immigration and Nationality Act.
  15. refuse to acknowledge that Fable may establish general practices and limitations concerning use of the Websites and Services, including without limitation restrictions concerning User Content provided by You for use on the Websites and Services, the type and quantity of transactional data stored and presented in connection with Your Account, the maximum disk space that will be allotted on Fable’ servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Websites and Services in any given period of time;
  16. export any Website Content out of the jurisdiction in which it is intended or displayed;
  17. access the Websites or Services in order to build a similar or competitive Website or Service;
  18. collect, store or use personal information about other users of the Site without their consent;
  19. violate, infringe, or misappropriate any other person’s or company’s intellectual property, privacy, publicity, or other legal rights;
  20. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;
  21. circumvent any technical measures we use to provide Services or protect the Site; or
  22. advocate, encourage or assist any third party with any of the foregoing.

USER GENERATED CONTENT

The Site may allow You to upload, submit, store, send, or receive content and data such as comments, reviews, text, video and photos (“User Generated Content”). You may also submit User Generated Content in the other ways that You interact with Us such as through social media, by email, by phone, and otherwise. You are solely responsible for Your own User-Generated Content and the consequences of posting or publishing it to the Site. We do not endorse any User-Generated Content or any opinion or recommendation expressed therein.  We may refuse to accept or transmit User Generated Content for any reason with or without notice. We may remove User Generated Content from the Site for any reason with or without notice.

When You upload, post, submit, send, or receive any User Generated Content to or through the Site, You give Us a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) Your User Generated Content, in whole or in part, including future rights that We (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant Us and sublicensees the right to use the name that You submit in connection with such User-Generated Content, if they choose.

You further promise that:

  • You own all rights to Your User Generated Content or, alternatively, that You have the right to give us the rights described above;
  • Your User Generated Content shall not contain or constitute viruses, political campaigning, commercial solicitation, affiliate links, chain letters, mass mailings or any form of “spam”;
  • Your User Generated Content shall not be illegal, obscene, threatening, defamatory, constitute an invasive of privacy or infringement of any intellectual property rights, or otherwise be objectionable or injurious to third parties;
  • Your User Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
  • You shall not use a false email address or identity, or impersonate any person, or otherwise mislead Us as to the source, origin, author or submitter of any User Generated Content.

We have the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content. We take no responsibility and assumes no liability for any User Generated Content. By posting User Generated Content, You agree to indemnify Us for all losses resulting from any claims related to or arising out of the User Generated Content that You supply, as further explained under the section below titled “Indemnity”.

You also agree further that We are not responsible and shall have no liability to You for any User Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material or content rests entirely with You.

If You do submit or otherwise transmit to us User Generated Content or any other communications or documents that may constitute comments or suggestions, You should be aware that Fable’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Fable values Your feedback on our products and our service but requests that You provide only specific feedback in Your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments, creative ideas, or suggestions that You submit as User Generated Content or otherwise send to Fable will become the property of Fable and shall not be subject to any obligation of confidentiality on the part of Fable. Fable shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Fable shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the information.

USE OF SOCIAL MEDIA TAGS

When You use social media tags (such as on Instagram, Facebook, TikTok  or Twitter) that identify or are associated with Fable, including without limitation @drinkfable, #drinkfable, or any other similar social media tag in any way related to Us, You agree to provide Us with an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in Our (or our sublicensees’) marketing materials and through all social media channels.

Account Suspension/Termination

You fully understand, acknowledge and agree that Fable may, under certain circumstances and without prior notice, immediately terminate Your Fable Account, User Profile and access to the Websites, Services and any other related or affiliated applications, functions and tools. Cause for Account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by Fable (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your Account, which shall be determined by Fable; (7) knowing, willing and/or negligent engagement by You in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by You, or by Your representatives, to pay, in full, any fees owed by You in connection with the Websites or any related or affiliated Service, business or website. Termination of a User Profile will deny You access to our Services, delay or remove User Content that You submitted or commented on, remove any special status associated with Your Account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent You from using our Websites and Services in the future. Fable has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Limited Warranty

We warrant to You that for a period of 30 days from the date of shipment (”Warranty Period”), the products purchased through the Websites will materially conform to our published specifications in effect as of the date of shipment (the “Limited Warranty”). We shall not be liable for a breach of the Limited Warranty unless: (i) You give written notice of the defective products or services, as the case may be, reasonably described, to us within 30 days of the time when the product is delivered; (ii) provide proof of purchase and purchase information; (iii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the Limited Warranty to examine such products and You (if we so request) return such products to our place of business at Your cost for the examination to take place there; and (iv) we reasonably verify Your claim that the products or services are our products and are defective. We shall not be liable for a breach of the Limited Warranty if: (i) You make any further use of such products after You give such notice; (ii) the defect arises because You failed to follow our oral or written instructions as to the storage, use or maintenance of the products; or (iii) You alter such products without our prior written consent. With respect to any such products during the Warranty Period, we shall, in our sole discretion, either: (i) replace with substantially similar products that are non-defective or (ii) credit or refund the amounts paid by You for such products provided that, if we so request, You shall, at Your expense, return such products to us. THE REMEDIES SET FORTH IN THIS PARAGRAPH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.

Disclaimer Of Warranties

  1. YOU UNDERSTAND THAT THE WEBSITES AND SERVICES ARE PROVIDED AS-IS. YOU AGREE THAT USE OF THE WEBSITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND SERVICES AND YOUR USE THEREOF.
  2. EXCEPT WITH RESPECT TO THE LIMITED WARRANTY SET FORTH ABOVE, FABLE MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ OR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF THE WEBSITES OR SERVICES, OR THE TRANSMISSION OF ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR SERVICES BY ANY THIRD PARTY;
  5. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE WEBSITES OR SERVICES.
  1. FABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR SERVICES FABLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  2. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  3. YOU SPECIFICALLY ACKNOWLEDGE THAT FABLE SHALL NOT BE LIABLE FOR THE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  4. EXCEPT WITH RESPECT TO THE LIMITED WARRANTY SET FORTH ABOVE, FABLE AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE:
    1. THAT THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT;
    2. THAT THE WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS, AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS;
    3. THAT THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE;
    4. THAT THE QUALITY OR VALUE OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS;
    5. THAT THE PRODUCTS AVAILABLE ON THE WEBSITES HAVE ANY HEALTH OR NUTRITIONAL BENEFIT, EFFECT, OR USE; OR
    6. THAT THE PRODUCTS AVAILABLE ON THE WEBSITES HAVE ANY FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Limitation Of Liability

FABLE IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF FABLE’S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT FABLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (4) ANY OTHER MATTER RELATING TO THE WEBSITES OR SERVICES.

YOU AGREE THAT FABLE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR USE OF THE PRODUCTS AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD T YOU THROUGH THE WEBSITES.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

SOME STATES, COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOVERNING LAW ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU AND WE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The arbitration will be heard and determined by a single arbitrator. The place of arbitration shall be Denver County, Colorado. The Federal Arbitration Act will govern the interpretation and enforcement of this section. However, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Sole Exceptions To Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either You or We can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) You agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  This arbitration agreement does not preclude You or Us from seeking action by federal, state, or local government agencies. In addition, You and We retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Jury Trial And Class Action Waiver

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Neither You nor We may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Your and/or Our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of the Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Terms shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration, You and We each waive any right to a jury trial. No waiver of any provision of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

NOTICE TO CALIFORNIA RESIDENTS

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please contact Us prior to ordering if You have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, We provide users of the Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Entire Agreement

These Terms, the Privacy Policy, the DMCA Policy, and any other agreements between You and Fable with respect to the Websites or Services, constitute the entire and exclusive understanding and agreement between Fable and You regarding the Websites and Services, and supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.

Reservation Of Rights

The failure of Fable to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fable.

Third-Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than You and Fable.

Support Or Maintenance

You acknowledge and agree that Fable will have no obligation to provide You with any support or maintenance in connection with the Websites or Services.

Outages

We periodically schedule system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that We have no responsibility and are not liable for: (a) the unavailability of any part of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Sites, any Internet service providers or otherwise.

Legal Disclaimer

The Site is not intended to provide medical advice, diagnosis or treatment. The information provided on this Site is “as is” and provided for informational purposes only. Fable does not make any representations or warranties, express or implied, with respect to the information on this Site in relation to the health or benefits of CBD. Please consult with Your physician or healthcare professional regarding any medical or health-related diagnosis or treatment options. If You think You are suffering from a medical condition, please seek medical attention. If You are thinking of making any changes to Your diet, nutrition, or lifestyle, please consult with Your healthcare provider. Do not use CBD products if You are pregnant or thinking of becoming pregnant.

Severability

If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

Assignment

The Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Fable without restriction.

Violations

Please report any violations of these Terms to Us here.

Captions

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Us

For questions about the Fable Site or any of our Products, please feel free to contact us at: customersupport@drinkfable.com.