These General Terms and Conditions of Use ("Terms") are entered into by and between you and thedrinkingdeck.com ('The Drinking Deck'). In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, you and The Drinking Deck hereby agree as follows: Your access to and use of the The Drinking Deck site is subject to these Terms, as well as any modifications issued by The Drinking Deck to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the The Drinking Deck site.
Among other things, The Drinking Deck provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by The Drinking Deck in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the The Drinking Deck website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
The Drinking Deck shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the The Drinking Deck website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the The Drinking Deck website. You are responsible for reviewing (www.thedrinkingdeck.com) periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by The Drinking Deck to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than The Drinking Deck shall be valid or enforceable against The Drinking Deck unless expressly agreed to by The Drinking Deck in a writing signed by a duly authorized officer of The Drinking Deck.
These Terms are effective until terminated by The Drinking Deck. The Drinking Deck may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access The Drinking Deck and the restrictions imposed on you with respect to the Content (as defined in Section 5 below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. The Drinking Deck shall also have the right without notice and at any time to terminate the The Drinking Deck website or any portion thereof, or any products or services offered through the The Drinking Deck website, or to terminate any individual's right to access or use the The Drinking Deck website or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the The Drinking Deck website and your purchase of the items from The Drinking Deck on the The Drinking Deck website.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the The Drinking Deck website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. The Drinking Deck may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on The Drinking Deck in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by The Drinking Deck or licensed by third parties. You may view and use the Content only for your personal information and for shopping and ordering on the The Drinking Deck website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, The Drinking Deck does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the The Drinking Deck, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by The Drinking Deck, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including The Drinking Deck vendors, do not constitute sponsorship, endorsement, or approval by The Drinking Deck of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by The Drinking Deck, and The Drinking Deck is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders
All prices displayed on the The Drinking Deck website are quoted in U.S. dollars. The Drinking Deck may restrict delivery to addresses within the United States and Canada. The Drinking Deck will add shipping and handling fees and applicable sales/use tax as necessary. The Drinking Deck reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the The Drinking Deck website without incurring any obligation to you. Products displayed on the The Drinking Deck website are available while supplies last. Descriptions of, or references to, products or services on The Drinking Deck do not imply endorsement of that product or service, or constitute a warranty by The Drinking Deck. The receipt by you of an order confirmation does not constitute The Drinking Deck's acceptance of an order. Prior to The Drinking Deck's acceptance of an order, verification of information may be required. The Drinking Deck reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The Drinking Deck, for any reason. The Drinking Deck reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, The Drinking Deck shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Drinking Deck shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to this Site and Content
The Drinking Deck MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE The Drinking Deck WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. The Drinking Deck ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE The Drinking Deck WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT The Drinking Deck OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE The Drinking Deck WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL The Drinking Deck, ITS PARENT, SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE The Drinking Deck OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF The Drinking Deck IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your purchase from the The Drinking Deck website. If for any reason you are not entirely pleased with a product you purchased on the The Drinking Deck website, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY The Drinking Deck ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, The Drinking Deck MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, The Drinking Deck EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON The Drinking Deck, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL The Drinking Deck, ITS PARENT, SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE The Drinking Deck WEBSITE, EVEN IF The Drinking Deck IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Drinking Deck's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless The Drinking Deck, its parent, subsidiaries & affiliates, The Drinking Deck's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of The Drinking Deck. The foregoing indemnification obligation shall survive termination of these Terms and The Drinking Deck and any product or service provided to you arising out of or relating to your use of The Drinking Deck.
11. Law and Forum
These Terms are governed by the laws of the State of [company_state] except for its choice of law provisions. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts of [company_state].
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including The Drinking Deck and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of The Drinking Deck or such third party owner.
13. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that The Drinking Deck may have at law or in equity, if The Drinking Deck reasonably determines that you have violated or are likely to violate the foregoing prohibitions, The Drinking Deck may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. The Drinking Deck will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing The Drinking Deck to disclose the identity of anyone posting such materials.
14. User Information