TERMS OF
SERVICE
OVERVIEW
This website is operated by Sran Spirits, LLC. Throughout the site, the terms “we”,
“us” and “our” refer to Sran Spirits, LLC. Sran Spirits, LLC. offers this website,
including all information, tools and services available from this site to you, the
user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms
of Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.Our store is
hosted on Shopify Inc. They provide us with the online e-commerce platform that
allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available
on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on this
site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available
exclusively online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be accurate.We
reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.You agree to provide current, complete and
accurate purchase and account information for all purchases made at our store. You
agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns
Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to
such tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via
our Service may include materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether online,
by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any computer
virus or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin of
any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments posted
by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the
store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or
in the Service that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate that
all information in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site or its
content:
-
for any unlawful purpose;
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to solicit others to perform or participate in any unlawful acts;
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to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances;
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to infringe upon or violate our intellectual property rights or the
intellectual property rights of others;
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to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability;
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to submit false or misleading information;
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to upload or transmit viruses or any other type of malicious code that
will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or
the Internet;
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to collect or track the personal information of others;
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to spam, phish, pharm, pretext, spider, crawl, or scrape;
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for any obscene or immoral purpose; or
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to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be
obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time, without
notice to you.You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions of any
kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability,
title, and non-infringement.In no case shall Sran Spirits, LLC., our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any
of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if advised of
their possibility.Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states
or jurisdictions, our liability shall be limited to the maximum extent permitted by
law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sran
Spirits, LLC.sran lo. and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of
Service is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms of Service,
such determination shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you cease using
our site.If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service).Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting
party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in accordance
with the laws of .
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms
of Service at any time at this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the Service following
the posting of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to
us at Hello@DaruWhiskey.com.