Terms and Conditions
Last updated: May, 2018
Sprizzi Drink Co USA Inc. provides services to you when you visit or shop at Sprizzi Drink Co.com (“Sprizzi Drink Co's Website”), use Sprizzi Drink Co products or services through Sprizzi Drink Co's website, use Sprizzi Drink Co applications for mobile, or use software provided by Sprizzi Drink Co in connection with any of the foregoing (collectively, "Sprizzi Drink Co Services"). Sprizzi Drink Co provides Sprizzi Drink Co Services subject to the following conditions.
By using Sprizzi Drink Co Services, you agree to these conditions. Please read them carefully.
An order placed on the Sprizzi Drink Co Website is an offer to Sprizzi Drink Co to buy the Sprizzi Drink Co product(s) in the order. When you place an order to purchase a product from Sprizzi Drink Co through Sprizzi Drink Co's Website, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with Sprizzi Drink Co, Inc. Without affecting your right of withdrawal set out in section 2 below, you can cancel your order for a product at no cost any time before we dispatch your order.
When you use any Sprizzi Drink Co Services, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting general notices on the Sprizzi Drink Co Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Sprizzi Drink Co or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Sprizzi Drink Co Services. This license does not include any resale or commercial use of any aspect of the Sprizzi Drink Co Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sprizzi Drink Co product provided or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Sprizzi Drink Co. No part of the Sprizzi Drink Co Website may be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without express written consent of Sprizzi Drink Co. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sprizzi Drink Co without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sprizzi Drink Co's name or trademarks without the express written consent of Sprizzi Drink Co. You may not misuse the Sprizzi Drink Co Services. You may use the Sprizzi Drink Co Services only as permitted by law. The licenses granted by Sprizzi Drink Co terminate if you do not comply with these Conditions of Use.
If you use Sprizzi Drink Co Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Sprizzi Drink Co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SPRIZZI DRINK CO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPRIZZI DRINK CO SERVICES ARE PROVIDED BY SPRIZZI DRINK CO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPRIZZI DRINK CO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPRIZZI DRINK CO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPRIZZI DRINK CO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPRIZZI DRINK CO SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPRIZZI DRINK CO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPRIZZI DRINK CO DOES NOT WARRANT THAT THE SPRIZZI DRINK CO SERVICES, INFORMATION OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPRIZZI DRINK CO SERVICES, SPRIZZI DRINK CO'S SERVERS OR SERVERS PROVIDED BY THIRD PARTY COMPANIES FOR SPRIZZI DRINK CO OR ELECTRONIC COMMUNICATIONS SENT FROM SPRIZZI DRINK CO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRIZZI DRINK CO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPRIZZI DRINK CO SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPRIZZI DRINK CO SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
DISPUTE RESOLUTION BY BINDING ARBITRATION.
PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS.
(A). Any dispute, controversy or claim arising out of or relating to any Sprizzi Drink Co product including, but not limited to, claims of personal injury and/or property damage, shall be submitted to arbitration administered by the American Arbitration Association in accordance to its then existing Consumer Arbitration Rules. The AAA Rules are available online at www.adr.org, or by calling the AAA at 800.778.7879. The Federal Arbitration Act (Title 9 of the U.S. Code) shall govern the interpretation, enforcement, and proceedings relating to this arbitration.
(B). Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
(C). Any claim shall be brought only in the party's individual capacity, and shall not in any case be brought by the party as a plaintiff or class member in any purported class or representative proceeding.
(D). A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Sprizzi Drink Co should be addressed to Sprizzi Drink Co's Corporate Office located at Sprizzi Drink-co., Inc.
897 Via Lata Suite C. Colton, CA 92324 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If an agreement to resolve the claim is not reached within 30 days after the Notice is received, any party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by a party shall not be disclosed to the arbitrator.
(E). There shall be one arbitrator. The arbitrator shall have the power to rule on his or her own jurisdiction, including, but not limited to, any objections with respect to the existence, scope, or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. The arbitrator's award shall be binding on all parties, and judgment upon the award may be entered by any court of competent jurisdiction.
By using any Sprizzi Drink Co Service you agree that applicable federal law and the laws of the state of Delaware will govern these Conditions of Use other than in relation to a dispute which will be addressed in accordance with Condition 12 above.
MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
OUR CONTACT DETAILS
Sprizzi Drink Co's corporate address is Sprizzi Drink-co., Inc.
897 Via Lata Suite C. Colton, CA 92324.
If you have any questions about Sprizzi Drink Co Services or have questions about a Sprizzi Drink Co product, please contact Sprizzi Drink Co's Customer Service department at email@example.com.