Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.allstarliquors.net, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Full Steam Ahead, LLC or Afterburner, LLC (collectively, “All Star Liquors” or “we”). We may change the Terms and Conditions from time to time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Please drink responsibly.
1. You acknowledge and agree that all content and information (collectively, “Information”) on the Site may be protected by the intellectual property rights of All Star Liquors or our independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”). You may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
2. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
3. You have not been granted a license for the use of any of our trademarks, service marks, other copyrightable material or any other intellectual property, simply by including them on the Site. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted under these Terms and Conditions.
4. All Star Liquors has obtained permission for the use of any and all images we use on our site from the copyright owner. Rights and priviledges of copyright remain with the copyright holder, you may not obtain and reuse images from this site without violating those rights.
1. This Site is intended only for the use by individuals who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way.
2. You agree to use this Site for personal purposes and not for commercial purposes. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by All Star Liquors and that you will not access the Information on the Site by any other means other than through the interface provided.
3. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on the Site.
4. You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage All Star Liquors may suffer. You also agree that All Star Liquors has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
1. In connection with any transaction made between you and All Star Liquors, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older. All Star Liquors makes no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
2. All products sold by All Star Liquors are intended for consumption and not for resale. By purchasing any product from All Star Liquors, you represent that such purpose is made for consumption purposes only and not for purposes of resale.
3. Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4. Any packages that are refused or unable to be delivered by our common carriers will be returned to All Star Liquors at your expense. We will refund to you any product costs minus shipping costs.
5. All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
6. In some cases, All Star Liquors may be unable to accept the return of a product purchased by a customer in error.
1. All Star Liquors is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
DISCLAIMER OF WARRANTIES
1. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL STAR LIQUORS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL STAR LIQUORS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALL STAR LIQUORS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
2. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL ALL STAR LIQUORS OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF ALL STAR LIQUORS OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with All Star Liquors of such sites or the content, products, advertising or other materials presented on such sites. All Star Liquors does not author, edit, or monitor these Linked Sites. You acknowledge and agree that All Star Liquors is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
1. These Terms and Conditions constitute the whole legal agreement between you and All Star Liquors and govern your use of the Site and completely replace all prior agreements between you and All Star Liquors in connection with the Site.
2. You acknowledge and agree that All Star Liquors may update these Terms and Conditions from time to time. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
3. You acknowledge and agree that each subsidiary and affiliate of All Star Liquors shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
4. The Terms and Conditions and the relationship between you and All Star Liquors shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and All Star Liquors agree that any cause of action, dispute or claim that may arise between you and All Star Liquors shall be commenced and be heard in binding arbitration only.
You agree that, to the extent allowed by law, you and All Star Liquors are each waiving the right to trial by jury or to participate in a class action. You and All Star Liquors agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and All Star Liquors agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
5. You and All Star Liquors each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within Siskiyou County in the State of California.
6. The failure of All Star Liquors to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. We control and operate this Site from our offices in California. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. You acknowledge and agree that All Star Liquors may terminate providing any services or the legal agreement between you and All Star Liquors for any reason at any time. If at any time, the relationship between All Star Liquors and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.