Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.ciderinlove.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Cider in Love, LLC (“CiL” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
- This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. By using this Site, you expressly represent and warrant that you are at least 21 years of age. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.
- You agree to use this Site for personal purposes and not for commercial purposes. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by CiL and that you will not access CiL by any other means other than through the interface provided.
- In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to CiL will always be accurate, correct and up to date.
- You agree that you will not reproduce, copy, sell, barter, or trade any information you access on CiL.
- You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage CiL may suffer. You also agree that CiL has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
- You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at firstname.lastname@example.org.
- You acknowledge that CiL is an unlicensed third-party marketing service provider. We do not hold inventory of, or provide transportation for, any alcoholic beverages. All product is shipped directly from and by the licensed seller and manufacturer of the product.
- In connection with each transaction, you represent that you are legally authorized purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact us before purchasing the product. CiL and our Vendors make no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
- CiL displays suggested retail prices for goods and services advertised based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.
- Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Any packages that are refused or unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs.
- All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
- The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.
- CiL is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
- You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of CiL, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
- Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
DISCLAIMER OF WARRANTIES
- THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CiL DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CiL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CiL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
LIMITATION OF LIABILITY
- IN NO EVENT SHALL CiL OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF CiL OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY LICESNED SELLER WHOSE CONTENT APPEARS ON THE SITE;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
- YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
- ANY CHANGE MADE BY CiL TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with CiL of such sites or the content, products, advertising or other materials presented on such sites. CiL does not author, edit, or monitor these Linked Sites. You acknowledge and agree that CiL is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
- These Terms and Conditions constitute the whole legal agreement between you and CiL and govern your use of the Site and completely replace all prior agreements between you and CiL in connection with the Site.
- You acknowledge and agree that CiL may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
- You hereby agree that any damages sought in any action against liability against CiL by You or your affiliates, agents, or assigns, shall be limited to the amount of any transaction facilitated through the Site.
- The Terms and Conditions and the relationship between you and CiL shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and CiL agree that any cause of action, dispute or claim that may arise between you and CiL shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- claims arising out of or related to any aspect of the relationship between you and CiL, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
- claims that may arise after the termination of these Terms and Conditions.