CRAFT BEER & CIGARS TERMS OF SERVICE
UPDATED: September 22, 2020
By using this website (the “Site”) or any products or services provided through this Site, you (“You,” “Your” and “User”) agree to the terms of service (“TOS”) that Myst
Craft Beer and Cigars (https://craftbeerandcigars.com) is an ecommerce Site for selling beer, wine, spirits, cigars, snacks, and accessories. We are licensed retailer to sell alcohol.
2. Shipping Information
Our goal for each of Our deliveries to arrive without any problems. We ship all of Our products from Our facility in Arizona using FedEx. We may only ship alcohol and tobacco to locations where doing so is legal, and the package must be received by someone who is 21 years old or older, verified with a valid government-issued identification. We cannot ship alcohol or tobacco to P.O. boxes.
Title to, and ownership of, the products sold to You through this website passes to You upon placement of Your order. All orders are subject product availability. All sales are final.
We make no representations about the legality of shipping alcoholic beverages or tobacco. By arranging for transportation or shipping of any alcoholic beverage under Your instructions, We are providing a service to, and acting on Your behalf.
If there are any issues with Your delivery, it must be report on the day of delivery. Please contact Us at email@example.com with any issues related to missing items, items sent in error, or damages along with images of the outer packaging, the products, shipping labels, and packing slips. Please note that shipping cost are not refundable, except for defected products or products sent in error, and We are not responsible for any damage caused by weather or climate. In the event Your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation email. If a package is returned to Us by the carrier due to damage, We will ship You a replacement.
3. User Conduct
Every User must abide by the following rules of conduct in regards to Our Site:
- You must be at least 21 years old to purchase alcohol or tobacco from this Site.
- You are responsible for protecting Your account password and information.
- You must provide accurate information as required when communicating with Us.
- You may not use Our Site or services to abuse, harass, defame, or defraud anyone.
- You may not use Our Site or services to do anything unlawful, misleading, malicious, or discriminatory.
- You may not interfere with any other party’s use and enjoyment of Our Site or services.
- You may not upload viruses or other malicious code to Our Site.
- You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site.
- You may not use, test, or otherwise utilize Our Site in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our Site.
- You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose any aspect of Our Site or services; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.
We reserve the right to suspend or terminate any User’s account for violating this Agreement.
We may provide links to other websites on Our Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. User assumes all risk by following a link. Craft Beer and Cigars provides no guarantee that any website it links to will be accurate or available.
5. Copyrights and Trademarks
Craft Beer and Cigars retains its intellectual property rights, including but not limited to, copyright rights in all its original content published on and through Our Site.
“Craft Beer and Cigars” and Our logo are trademarks owned by the Company, and may not be used without Our explicit written permission. Any violation of Our intellectual property rights may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties and termination of their account.
6. Digital Millennium Copyright Act (DMCA) Policy
The Company will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our Site or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: Craft Beer and Cigars; Attn: DMCA/Copyright Agent; 20833 North Cave Creek Road #104, Phoenix AZ, 85024, or firstname.lastname@example.org .
7. Modification to these Terms of Service
We reserve the right to change this Agreement at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We will notify Users of changes by posting notice of the change on Our Site and via email if You have an account with Us. Any changes will be effective upon the changes being made to this Agreement. Your continued use of Our Site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this Agreement by this reference.
The date at the top of the TOS informs You of the date of the most recent change.
8. Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF OUR SITE AND SERVICES ARE AT USER’S SOLE RISK. NEITHER CRAFT BEER AND CIGARS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITE OR SERVICES OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
OUR SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE AND/OR OTHER SERVICES. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU WHETHER IN CONTRACT, TORT, OR OTHER LEGAL THEORY, SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE OR ORDER GIVING RISE TO THE CLAIM.
ANY CLAIM RELATING TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO US WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH WE SUBSTANTIALLY COMPLETED PERFORMANCE OF THE SERVICE OR DELIVERY UPON WHICH ANY CLAIM IS BASED.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS.
10. Force Majeure
We shall be excused from performance under this TOS if We fail or are prevented, forbidden, or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, illness, weather, riot, strike, war, computer or telecommunications failure, or other circumstance beyond Our direct control.
11. Dispute Resolution
By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or services, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. By using this Site, You agree to this venue and the personal jurisdiction of this court.
In all claims, disputes, and controversies related to this Agreement or Our Site the non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees in addition to any damages assessed against them.
We reserve the right to suspend or terminate any User’s account at any time and for any suspected violation of this Agreement. Termination may occur without advance notification. We shall not be liable for any damages for terminating a User.
This Agreement shall constitute the entire agreement between the User and Us with respect to the subject matter in this Agreement. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
14. Contact Information
Myst Vapors LLC is an Arizona limited liability company with a principal place of business in Arizona. You can contact Us at Craft Beer and Cigars, 20833 North Cave Creek Road #104, Phoenix AZ, 85024, or via email at email@example.com .