Thirty3Club Terms of Service
Acceptance of Terms
This Terms of Service applies to all Website visitors and users of the Website or Services and by visiting or using the Website, you agree to be bound by this Terms of Service. If you don't agree with any term or condition in this Terms of Service, please don't use the Website or any Service.
Eligibility for Use
You represent and warrant that you are at least 21 years of age. If you are under 21 years of age, you may not, under any circumstances or for any reason, use the Website or the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services or products conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
You have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, so long as the Content is used solely for internal informational purposes only. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Registration and Membership; Product Sales
Subscription Delivery; Delivery Policy
As a subscribed Thirty3Club member, each month we will ship you a package with recipes, instructions, and ingredients required to mix craft cocktails ("Products"). Each month of your subscription, the selection of Products may change. Accordingly, Thirty3Club cannot guarantee that a selection of any such products available in a particular timeframe will be available in any subsequent timeframe.
The subscription terms are as described in the subscription and checkout pages of the Website. See our subscription page for a description of the current subscriptions and prices. Note that any payment terms presented to you in the process of using or signing up for a paid subscription are deemed part of this Agreement.
All deliveries must be signed for by an individual who is capable of proving that he or she is 21 years of age or older by providing a valid form of identification at the time of delivery. If there is no individual 21 years of age or older to accept the delivery, the delivery will not be able to be completed at that time. After three failed delivery attempts, the package will be returned to us and your credit card will be charged an additional shipping fee in order to receive the package.
We recommend that if there is a possibility an individual 21 years of age or older is not available to sign for your package, you should call the United Parcel Service (UPS) and request the tracking number be routed to a local UPS store to pick up the package at that location. We reserve the right to refuse delivery for any reason. Packages cannot and will not be left unattended for any reason.
Automatic Renewal; Subscription Cancellation Policy
As a subscribed Thirty3Club member, you acknowledge and consent to being charged a recurring payment and you accept responsibility for all recurring charges prior to the cancellation of your membership. Your subscription will be automatically renewed for successive renewal periods of the same duration as the subscription period originally selected, at the then-current non-promotional rate. You may cancel your ongoing membership by emailing your request to cancel, along with your name and account email to firstname.lastname@example.org. Each subscription automatically renews on the 7th of the month following the end of the previous period’s subscription. You must notify us by emailing email@example.com prior to the 7th of the month following the end of the subscription period to cancel the subscription and the next period’s shipment. IF YOU DO NOT CANCEL PRIOR TO THE 7TH OF THE MONTH FOLLOWING THE END OF THE SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR RENEWING THE SUBSCRIPTION. All cancellation requests received after the 7th day of the month following the end of the subscription period will apply to the following subscription period. No prorated refund of any portion of the subscription fee paid for the then-current subscription period will be given.
We may terminate your membership, without notice, for any reason, whatever.
Billing and Payments
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Thirty3Club the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Thirty3Club will not be responsible for any failures of the third party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
The products purchased from this Website will be shipped by a third party carrier. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are NOT included with your order and such fees will be added on to the price of your purchased products. Shipping dates and/or arrival times given are only estimates. Refunds are at the sole discretion of Thirty3Club.
In no event shall Thirty3Club or its officers, directors, managers, employees, or affiliates be liable to you or any third party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
Title and Ownership
Title to, and ownership of, all alcoholic beverages passes to you at the time of purchase, in the state the alcoholic beverages are purchased. By arranging for transportation of any alcoholic beverage under your instructions, including a subscription, we are providing a service to, and acting on behalf of you. By having us arrange the transportation and shipping on your behalf, you represent that you are acting in compliance with the laws and regulations of your state, municipality and any other laws that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages. We make no representations about the legality of shipping alcoholic beverages. You further acknowledge and represent that you have obtained any and all required permission or consent, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to receive and take possession of alcoholic beverages, are legally entitled to the quantities ordered and delivered, and you are 21 years of age or older.
Your total price may include the price of products plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase products.
You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE AND ALL CONTENT, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THIRTY3CLUB DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS. Thirty3Club makes no warranties of any kind regarding any sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Thirty3Club makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. Thirty3Club does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THIRTY3CLUB OR ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF PRODUCTS OR THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THIRTY3CLUB’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR PRODUCTS OR THE SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO THIRTY3CLUB IN THE THEN-PRIOR CALENDAR MONTH.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
By using this Website, the Services, or the Products, you agree to indemnify, hold harmless and defend Thirty3Club from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) use of this Website, the Services, or the Products by you or any other person accessing the Website using your member login account, (ii) your violation of any term of these Terms of Services; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Thirty3Club and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Thirty3Club and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Phone: (619) 800-6083
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
When you register for a monthly subscription or to use the Services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Thirty3Club of that third party or of any product or service provided by that third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website. Thirty3Club does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
Conduct on Website
Your use of this Website is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through this Website. You shall not, and shall not permit any third party to, take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on this Website, that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
We make no representation that information on this Website, the Services or products we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's monthly subscription or access to our Website or Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Any dispute relating in any way to your visit to, or use of, the Website, to the products you purchase through the Website (including a subscription), or to your relationship to Thirty3Club shall be submitted to confidential arbitration in San Diego, California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Service will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined to an arbitration involving any other party subject to this Terms of Service, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND THIRTY3CLUB AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Thirty3Club agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Terms of Service
These Terms of Service constitute the entire agreement and understanding between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Except as explicitly stated otherwise, any notice required or permitted by this Terms of Service must be in writing. Any notice to Thirty3Club must be given by electronic mail to firstname.lastname@example.org. Any notice to you may be given: (1) to the email address you provide to Thirty3Club during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Thirty3Club, in which case notice will be deemed sufficient three days after the mailing date.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Modifications to Terms of Service
We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service for revisions. Changes in the Terms of Service will be effective when posted. If Thirty3Club makes a material change, Thirty3Club will notify you here in this Terms of Service or by any other means we deem appropriate. Thirty3Club may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website after we have modified this posting will constitute your acceptance of any changes.
You may contact us at the following email address: email@example.com
Effective Date of Terms of Service: February 25, 2016