Terms of Service
PLEASE NOTE THAT YOUR USE OF THE 538CALCLUB.COM 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 THE 538CALCLUB.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE 538CALCLUB.COM 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 538CALCLUB.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE 538CALCLUB.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the 538CALCLUB.com Site: Intentionally or unintentionally violate any applicable law or regulation; access, tamper with, or use nonpublic areas of the 538CALCLUB.com Site or 538CALCLUB.com's computer systems; Frame or link to the 538CALCLUB.com Site except as permitted in writing by 538CALCLUB.com.. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
The Sale of Alcoholic Beverages
538CALCLUB.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. 538CALCLUB.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 538CALCLUB.com is over the age of 21. You also agree that any alcohol purchased from 538CALCLUB.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 538CALCLUB.com will prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from 538CALCLUB.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping from the warehouse to his/her home state. By arranging for transportation of the wine, 538CALCLUB.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from 538CALCLUB.com, 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 538CALCLUB.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of 538CALCLUB.com. 538CALCLUB.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this 538CALCLUB.com Site by anyone other than authorized 538CALCLUB.com employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, 538CALCLUB.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, SurfWatch, and GuardOne. 538CALCLUB.com does not sponsor or endorse any of these companies or their services.
The 538CALCLUB.com Site may contain links to other web sites or resources. You acknowledge and agree that 538CALCLUB.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the 538CALCLUB.com Site does not imply that 538CALCLUB.com endorses the linked site.
Gift certificates must be redeemed through the 538CALCLUB.com Web site, http://www.538CALCLUB.com, toward the purchase of products listed in 538CALCLUB.com's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as 538CALCLUB.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable.
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 538CALCLUB.com Balance or any Gift Certificate is used without your permission.
Protection of Content Provided by 538CALCLUB.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the 538CALCLUB.com Site ("Site Content") are copyrighted materials owned by or licensed to 538CALCLUB.com. The Site Content may contain trademarks, service marks and trade names which are owned by 538CALCLUB.com 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 538CALCLUB.com, its affiliates, or third parties. "538CALCLUB.com" is a trademark of 538CALCLUB.com. Unless authorized in writing by an officer of 538CALCLUB.com, 538CALCLUB.com's trademarks may not be used in connection with any product or service that is not 538CALCLUB.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 538CALCLUB.com. 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 538CALCLUB.com 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 538CALCLUB.com Site. Nothing contained in the 538CALCLUB.com 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 538CALCLUB.com, 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 538CALCLUB.com, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
538CALCLUB.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 538CALCLUB.com's Designated Agent the following information:
538CALCLUB.com's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to 538CALCLUB.com'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.
Intellectual Property Agent: Wolk & Levine, LLP Attn: Zack Levine, Esq. - 535 N. Brand Blvd., Ste. 950, Glendale, CA 91203 - email@example.com
538CALCLUB.com will remove infringing materials subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty.
538CALCLUB.COM will give you any necessary notices by posting them on the 538CALCLUB.com Site. You authorize 538CALCLUB.COM to send notices via electronic mail as well if 538CALCLUB.COM decides, in its sole discretion, to do so. You agree to check the 538CALCLUB.com 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 538CALCLUB.com Site.
Disclaimer of Warranties
ALTHOUGH 538CALCLUB.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE 538CALCLUB.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE 538CALCLUB.COM SITE. 538CALCLUB.COM DOES NOT WARRANT THAT YOUR USE OF THE 538CALCLUB.COM SITE, OR THE OPERATION OR FUNCTION OF THE 538CALCLUB.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 538CALCLUB.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. 538CALCLUB.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE 538CALCLUB.COM SITE. THE 538CALCLUB.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 538CALCLUB.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 538CALCLUB.COM SITE, THE USE OR PERFORMANCE OF THE 538CALCLUB.COM SITE, THE DELAY OR INABILITY TO USE THE 538CALCLUB.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 538CALCLUB.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 538CALCLUB.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 538CALCLUB.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 538CALCLUB.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 538CALCLUB.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS 538CALCLUB.COM'S LIABILITY OR YOUR REMEDIES.
No Responsibility to Sell Mis-priced Products or Services
538CALCLUB.com 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. 538CALCLUB.com 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, 538CALCLUB.com shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
538CALCLUB.COM 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.
538CALCLUB.com shall be excused from performance under this Terms of Service if 538CALCLUB.com 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 538CALCLUB.com.
The following provisions shall survive any termination of these Terms of Service: No Warranty from 538CALCLUB.com, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any 538CALCLUB.com Service, or to any products or services sold or distributed by 538CALCLUB.com will be resolved exclusively by binding and confidential arbitration in Los Angeles County, California, 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 538CALCLUB.com c/o Wolk & Levine, LLP, 535 N. Brand Blvd., Ste. 950, Glendale, CA 91203. 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 with the prevailing party being entitled to recover its costs and fees.
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 538CALCLUB.com 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 538CALCLUB.com.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated October 18, 2016.