TERMS AND CONDITIONS
The Website is designed to comply with U.S. laws and regulations. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Your access to and use of www.strikerbeverages.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Website, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time. Please read these terms carefully. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Website after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. By using this Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website.
You acknowledge and agree that:
Although we strive to be as accurate as possible in describing our products and providing on this website the latest developments relating to our products, we do not warrant the accuracy, completeness, reliability, currentness, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information provided on this website is provided on an “AS IS” and “AS AVAILABLE” basis and may include technical inaccuracies or typographical errors. Striker Beverages LLC reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
STRIKER BEVERAGES LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. STRIKER BEVERAGES LLC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL STRIKER BEVERAGES LLC OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR ACCESS, USE, MISUSE, OR INABILITY TO USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, INCLUDING ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO STRIKER BEVERAGES LLC THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, REGARDLESS OF WHETHER STRIKER BEVERAGES LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATES OR JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS.
Striker Beverages LLC is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Website, Striker Beverages LLC will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Website. Such information should, therefore, be considered as suspect and is not endorsed by Striker Beverages LLC.
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Except as expressly stated and agreed upon in advance by Striker Beverages LLC, no director, employee, agent, or representative of Striker Beverages LLC, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Website.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate. Some products displayed on the website may be available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the website may not be available in retail stores. Unless otherwise stated, the prices displayed at the website are quoted in U.S. Dollars.
Striker Beverages LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Striker Beverages LLC believes that user conduct violates applicable law or is harmful to the interests of Striker Beverages LLC or its affiliates.
The information, documents, and related graphics published in this Internet Website (the “Information”) are the sole property of Striker Beverages LLC, except for information provided by third-party providers under contract to Striker Beverages LLC, its subsidiaries or affiliates Striker Beverages LLC is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. No license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Striker Beverages LLC.
STRIKER, all logos, and other marks used on our Website are trademarks of Striker Beverages LLC in the United States and other countries. All rights reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Striker Beverages LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Striker Beverages LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. No use of any Striker Beverages LLC trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of Striker Beverages LLC, except to identify the product or services of the company.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Striker Beverages LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Striker Beverages LLC or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purposes, without the express written consent of Striker Beverages LLC or its lawful successors and assigns. For usage permission, contact us.
License and Site Access
Striker Beverages LLC grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Striker Beverages LLC. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Striker Beverages LLC. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Striker Beverages LLC and our affiliates without express written consent. You may not use meta tags or any other hidden text using Striker Beverages LLC name or trademarks without the express written consent of Striker Beverages LLC. Any unauthorized use terminates the permission or license granted by Striker Beverages LLC.
You may not make any part of this Website available as part of another service by deep linking or otherwise, or create any links to this website, and, in particular, you may not use Striker Beverages LLC trademark, logo or any other proprietary graphic as part of any hot link or hyperlink to this website, without the express prior written permission of Striker Beverages LLC.
Third Party and Co-Branded Web Sites
This Website may contain hyperlinks (“links”) to Websites operated by persons or entities other than Striker Beverages LLC (“third-party Web Sites”) or to co-branded Web Sites operated by a third party (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Striker Beverages LLC to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Website. STRIKER BEVERAGES LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You understand, acknowledge, and agree to the following:
By using this Website, you agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Striker Beverages LLC. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Website or any co-branded Website will be accurate, complete, and current.
You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Striker Beverages LLC or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Striker Beverages LLC. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Striker Beverages LLC delivers these items to the carrier.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive personal and subject matter jurisdiction of the courts of the State of California over any claim against Striker Beverages LLC, and acknowledge that venue is proper in any state or Federal court in the Central District of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Miscellaneous Legal Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Striker Beverages LLC as a result of the Terms and Conditions or your use of this Website. Nothing contained in these Terms and Conditions is in derogation of Striker Beverages LLC right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Striker Beverages LLC with respect to such use.
The failure of Striker Beverages LLC to enforce any provisions of these Terms and Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.
If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to this Website or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
You agree that these Terms and Conditions describes the entire agreement between us regarding our Website and its content, and supersedes any prior or contemporaneous communications between Striker Beverages LLC and you regarding our Website and its contents. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are hereby reserved.