ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Membership in CIDRBOX is available to members who are 21 years and older and residents of the United States. In order to use certain Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. By using the Services, you represent that you qualify to use the Services. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not have more than one Account. You are prohibited from selling, trading or otherwise transferring an Account to anyone else. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify CIDRBOX of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. CIDRBOX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. However, if CIDRBOX suffers any damage due to the unauthorized use of your Account, you may be liable.
When you subscribe to cider on CIDRBOX.com, you're ordering from a third-party cider seller. Featured cider sellers can ship to a limited number of U.S. states and are unable to ship to P.O. boxes. Each cider seller operates under its own set of permits and determines which states it will ship to. See Where CIDRBOX Ships for a list of current states where CIDRBOX ships. CIDRBOX.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. CIDRBOX.com 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 CIDRBOX.com is over the age of 21. You also agree that any alcohol purchased from CIDRBOX.com 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 CIDRBOX.com will prosecute you fully to the extent allowable by law.
Cider shipments may be held for up to 30 days if the weather isn't suitable for shipment. In the event of a weather hold, CIDRBOX will contact you regarding the delay. You can also contact CIDRBOX for an update. If the weather is unlikely to be suitable for shipping within 30 days, CIDRBOX reserves the right to reschedule the CIDRBOX for later delivery. You may purchase a E-Gift Card to give cider as a gift if the purchaser and the recipient are at least 21 years of age. The user of the gift card must verify their age during checkout, and be available to provide valid ID and sign for the delivery. In certain states, cider sellers may be required to verify your age before accepting your order and CIDRBOX may contact you by email to verify your date of birth. Your order must also meet the cider shipping laws of your state. We will contact you immediately if there is a problem with your order. Cider may not be purchased for resale.
CIDRBOX markets and fulfills cider to consumers as an unlicensed third party provider on behalf of the featured cider seller for the month in question. Title to, and ownership of, all cider passes from the cider seller to buyer, and buyer takes all responsibility for shipping the cider to his or her home state. By placing an order, buyer authorizes CIDRBOX to act on buyer’s behalf in arranging for transportation of the cider at the buyer’s direction. CIDRBOX makes no representation as to the legal rights of anyone to ship or import any ciders, alcoholic beverages or other goods into any state. The buyer is solely responsible for the shipment of cider and other goods purchased and for determining the legality and the tax/duty consequences of having the cider and other goods shipped to the applicable destination.
CIDRBOX prices do not necessarily include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options. Federal law requires that we capture the signature of an individual over the age of 21 for all alcoholic cider shipments. We cannot guarantee the condition of any cider if delivery is not made on the first delivery attempt. Please be aware that orders that are not delivered on the first attempt may be held in a facility that is not temperature controlled, increasing the risk of damage.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
AVAILABILITY OF CONTENT
Disclaimer of Warranties
ALTHOUGH CIDRBOX.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CIDRBOX.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CIDRBOX.COM SITE. CIDRBOX.COM DOES NOT WARRANT THAT YOUR USE OF THE CIDRBOX.COM SITE, OR THE OPERATION OR FUNCTION OF THE CIDRBOX.COM 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 CIDRBOX.COM 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. CIDRBOX.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CIDRBOX.COM SITE. THE CIDRBOX.COM 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 CIDRBOX.COM 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 CIDRBOX.COM SITE, THE USE OR PERFORMANCE OF THE CIDRBOX.COM SITE, THE DELAY OR INABILITY TO USE THE CIDRBOX.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CIDRBOX.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CIDRBOX.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CIDRBOX.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CIDRBOX.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CIDRBOX.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CIDRBOX.COM'S LIABILITY OR YOUR REMEDIES.
RULES OF CONDUCT
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Parental Control Protections As required by the Communications Decency Act of 1996, CIDRBOX.com 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, and SurfWatch. CIDRBOX.com does not sponsor or endorse any of these companies or their services.
PAYMENTS AND BILLING PRE-ORDERS
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.
If you order a subscription to a Product (with a monthly term, or a term of 3 months or 12 months) that auto-renews (“Subscription”), then you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Application. Please note that if your Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this Application, you hereby authorize, agree and assent to CIDRBOX automatically billing your credit card submitted as part of the order process for such amounts that are due.
REAFFIRMATION OF AUTHORIZATION
Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription.
We may, from time to time, offer coupon codes for purchasing the Product (a “Coupon Code”). You may only use a Coupon Code once, and only one Coupon Code may be used per order. If for any reason we suspect a fraudulent use of a Coupon Code, we reserve the right, in our sole discretion, to cancel your pre-order. Coupon Codes sent to individuals are valid for the intended recipient only. Coupon Codes are generally available for only one use. Coupon Codes are not valid for pre-orders placed prior to receipt of, or without reference to, the Coupon Code and cannot be redeemed for cash or combined with other offers or credits. Coupon Codes are not valid for resale and have no cash value. The unauthorized reproduction, resale, modification, or trade of Coupon Codes is prohibited. Coupon Codes are void where prohibited, taxed or restricted. CIDRBOX reserves the right to change or limit Coupon Codes in its sole discretion. CIDRBOX has no liability for any problems or inability to use the Coupon Code.
CIDRBOX.com may provide gift certificate purchasers with information about the redemption status of gift certificates. The risk of loss and title for Gift Certificate pass to the purchaser upon our electronic transmission of the Gift Certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Certificate is lost, stolen or destroyed or your CIDRBOX.com Balance or any Gift Certificate is used without your permission. CIDRBOX.COM, GIFT CERTIFICATES, INC. ("WCGC") AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that CIDRBOX may cancel or refund your contribution at any time prior to the date on which we ship the Product for any reason, and if CIDRBOX does so, CIDRBOX is not required to fulfill the reward.
If you cancel your pre-order any time prior to the time we ship the Product as your reward, we will refund to you the amounts that you paid. After the Product(s) have shipped, if you are the original purchaser of the Product and you are not satisfied with this Product for any reason, please contact us immediately so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate.
Any contribution for the Product is net of any applicable Sales Tax. If the Product(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify CIDRBOX for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence of the taxes you have paid. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that CIDRBOX is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. WARRANTY DISCLAIMER We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
GOVERNING LAW AND JURISDICTION
MISCELLANEOUS ENTIRE AGREEMENT AND SEVERABILITY
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.
You may contact us at firstname.lastname@example.org or at the following address:
CIDRHOU.SE GROUP, LLC
1507 E. 53rd St No 128
Chicago, IL 60615
DATE OF LAST REVISION
November 1, 2016
Copyright © 2016 CIDRBOX Inc.
All rights reserved.