Terms and Conditions
TERMS & CONDITIONS
TERMS OF SERVICE
Welcome to the Internet sites of Mr. Smith Club, LLC ("Mr. Smith Club"). Each Mr. Smith Club Site is operated by Mr. Smith Club LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE MR. SMITH CLUB SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS MR. SMITH CLUB SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE MR. SMITH CLUB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY MR. SMITH CLUB FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE MR. SMITH CLUB SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the Mr. Smith Club Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Mr. Smith Club Site or Mr. Smith Club's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
You will not access the Mr. Smith Club Site with any manual or automated process for any purpose other than to purchase Mr. Smith Club products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Mr. Smith Club Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
Frame or link to the Mr. Smith Club Site except as permitted in writing by Mr. Smith Club.
THE SALE OF ALCOHOLIC AND/OR WINE BEVERAGES
Mr. Smith Club does not sell alcohol and/or wine to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Mr. Smith Club makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Mr. Smith Club is over the age of 21. You also agree that any alcohol purchased from Mr. Smith Club is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Mr. Smith Club will prosecute you fully to the extent allowable by law.
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to https://www.p65warnings.ca.gov
TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from Mr. Smith Club to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Mr. Smith Club is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Mr. Smith Club, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Mr. Smith Club Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Mr. Smith Club. Mr. Smith Club neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Mr. Smith Club Site by anyone other than authorized Mr. Smith Club employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Mr. Smith Club hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Mr. Smith Club does not sponsor or endorse any of these companies or their services.
10 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS
Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To return your wine, please contact us at firstname.lastname@example.org. If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase.
DAMAGED IN SHIPMENT
If you receive your wine and it has been damaged during shipment, please email us at mrsmithclub.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com.
PROTECTION OF CONTENT PROVIDED BY MR. SMITH CLUB AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the Mr. Smith Club Site ("Site Content") are copyrighted materials owned by or licensed to Mr. Smith Club. The Site Content may contain trademarks, service marks and trade names which are owned by Mr. Smith Club and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Mr. Smith Club, its affiliates, or third parties. "Mr. Smith Club" is a trademark of Mr. Smith Club, LLC. Unless authorized in writing by an officer of Mr. Smith Club, Mr. Smith Club's trademarks may not be used in connection with any product or service that is not Mr. Smith Club's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mr. Smith Club. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Mr. Smith Club or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Mr. Smith Club Site. Nothing contained in the Mr. Smith Club Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Mr. Smith Club, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Mr. Smith Club, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
Mr. Smith Club respects the intellectual property of others, and we ask our users to do the same.
Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Mr. Smith Club's designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- SMITH CLUB will give you any necessary notices by posting them on the Mr. Smith Club Site. You authorize MR. SMITH CLUB to send notices via electronic mail as well if Mr. Smith Club decides, in its sole discretion, to do so. You agree to check the Mr. Smith Club Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Mr. Smith Club Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH MR. SMITH CLUB ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE MR. SMITH CLUB SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE MR. SMITH CLUB SITE. MR. SMITH CLUB DOES NOT WARRANT THAT YOUR USE OF THE MR. SMITH CLUB SITE, OR THE OPERATION OR FUNCTION OF THE MR. SMITH CLUB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE MR. SMITH CLUB SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. MR. SMITH CLUB AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MR. SMITH CLUB SITE. THE MR. SMITH CLUB SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MR. SMITH CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MR. SMITH CLUB SITE, THE USE OR PERFORMANCE OF THE MR. SMITH CLUB SITE, THE DELAY OR INABILITY TO USE THE MR. SMITH CLUB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MR. SMITH CLUB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MR. SMITH CLUB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MR. SMITH CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MR. SMITH CLUB SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MR. SMITH CLUB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MR. SMITH CLUB'S LIABILITY OR YOUR REMEDIES.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Mr. Smith Club shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Mr. Smith Club shall have the right to refuse or cancel any such orders whether or not 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, Mr. Smith Club shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
- SMITH CLUB RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Mr. Smith Club shall be excused from performance under this Terms of Service if Mr. Smith Club is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Mr. Smith Club.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Mr. Smith Club, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any Mr. Smith Club Service, or to any products or services sold or distributed by Mr. Smith Club will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Mr. Smith Club c/o Legal Department 3200 E Guasti Rd. Suite 100 Ontario, CA 91761. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Mr. Smith Club will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Mr. Smith Club Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mr. Smith Club.
If you have any questions about these Terms of Service, please contact us:
Mr. Smith Club, LLC
3200 E. Guasti Rd.