Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.craftchaser.com, and the delivery services CraftChaser provides. These services include, without limitation, your use of the Website, all pages under the same domain name, all content thereon (the “Website”), and all delivery services as provided by CraftChaser (“CraftChaser” or “we”). We may change the Terms and Conditions at any time and we will notify you by posting such changes on the Website. By using this website, you acknowledge and agree to these Terms and Conditions in regards to your use of the Website and the service CraftChaser. You also agree to these Terms and Conditions by creating an account or logging in to the Website CraftChaser provides. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
This Website is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in California. You must be 21 years of age or older to access or otherwise use this Website. Persons under 21 years of age are prohibited from using this Website in any way. If you consider any material on this Website to be inappropriate or offensive, please do not visit this Website.
- You agree to use this Website for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. 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 Website or any of the services provided by CraftChaser and that you will not access CraftChaser by any other means other than through the interface provided.
- In order to access certain products or services, you will be required to provide information about yourself as part of the registration process or as part of your continued use of the Website. You agree that any registration information you give to CraftChaser will always be accurate, correct and up to date.
- You agree that you will not reproduce, copy, sell, barter, or trade any information you access on CraftChaser.
- 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 CraftChaser may suffer. You also agree that CraftChaser 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.
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Website, you represent you are qualified and authorized to use this Website under the account registered.
- You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at firstname.lastname@example.org.
- In connection with each transaction, 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 and consumed responsibly. By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage in means to allow you to purchase your products. CraftChaser will deliver your order where you want it delivered. All sales are made by Vendors using the CraftChaser Website.
- CraftChaser and our Vendors make no representation as to the right of any person to export products from the state of California once they are purchased.
- CraftChaser displays suggested retail prices for goods advertised based on pricing information available to us and provided to us by our Vendors.
- If an item’s correct price is higher or lower than the stated price on the Website, we will, at our discretion, contact you for instructions before shipping and notify you of such cancellation.
- Any orders that are unable to be delivered by our couriers will be held overnight. No refunds will be made but we will offer to reattempt delivery the next day at a new time window chosen by you. CraftChaser will notify you if an order is unable to be delivered and request a new delivery window for you to choose.
- We have the right to refuse deliveries to anyone who does not have a bona fide government issued ID, anyone under the age of 21, or anyone who may seem overly intoxicated in their current state upon delivery of a Vendors products.
- All invitations to make an offer for a product featuring free shipping will come directly from CraftChaser, not the Vendor. Vendors can generate their own coupon codes and remove them at their discretion.
- The products and services sold on this Website are sold by the Vendors and subject to their privacy policies. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.
- CraftChaser 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 and notified to you on the Website.
- You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of CraftChaser, our Vendors, or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
- As between you and CraftChaser, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Website, and are the copyright owner or licensee of the content and/or information on the Website, not including the products, any trademark, service mark, or logo held by our respective Vendors, unless otherwise indicated. Except as otherwise provided herein, use of the Website does not grant to you a license to any content, features or materials you may access on the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Website, 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.
- We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Website except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Website as provided to you by CraftChaser. This license is for the sole purpose of enabling you to use and enjoy the Website as provided in the manner permitted by these Terms and Conditions.
- Unless specifically requested, CraftChaser does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to CraftChaser will be deemed not to be confidential or secret. By submitting or sending information or other material to CraftChaser you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to CraftChaser you grant CraftChaser the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
DISCLAIMER OF WARRANTIES
- THE WEBSITE, 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. CRAFTCHASER DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CRAFTCHASER MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRAFTCHASER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
- ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS WEBSITE 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
- IN NO EVENT SHALL CRAFTCHASER 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 WEBSITE 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 WEBSITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF CRAFTCHASER OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE WEBSITE;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
- YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
- ANY CHANGE MADE BY CRAFTCHASER TO OUR WEBSITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
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.
Credits, Gift Certificates and Invitations
- We may, from time to time, offer free delivery coupon codes (“Coupons”) when a customer refers a new member. These Coupons, if any, will be issued by CraftChaser and not our Vendors. The Coupons may only be earned after new members that have been invited by a current member make at least one completed and shipped purchase within the first 30 days upon receipt of their invitation. These referral Coupons carry no cash value and can only be used for purchases on the Website. Referral Coupons expire one month from the date of issue and are non-transferrable. Referral Coupons are granted by any other means other than as a result of the initial, completed and shipped purchase by a new member introduced to CraftChaser for the first time by a referring member are in violation of these Terms and Conditions. You may not use spam to obtain Coupons, and you agree not to send invitations to join the Website to people who are under the age of 21.
- Any discounts or coupons for alcoholic products are offered solely by the respective Vendor and not by CraftChaser.
- You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.
- Additional rewards programs can be added to or removed from these Terms and Conditions at any time at the discretion of CraftChaser.
- The Website may support advertising from different third parties and your available information may be shared with them based on your account activity. In this case, all information will be used by any third party solely for advertising purposes.
- The manner, mode, and extent of advertising by CraftChaser is subject to change without notice.
- In consideration for granting you access to and use of the Website, you agree that CraftChaser may place such advertising on the Website.
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 Website (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with CraftChaser of such sites or the content, products, advertising or other materials presented on such sites. CraftChaser does not author, edit, or monitor these Linked Sites. You acknowledge and agree that CraftChaser 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.
- These Terms and Conditions constitute the whole legal agreement between you and CraftChaser and govern your use of the Website and completely replace all prior agreements between you and CraftChaser in connection with the Website.
- You acknowledge and agree that CraftChaser may update these Terms and Conditions or notify you of changes to the Website by email, regular mail, or updates to the Website. Your continued use of this Website indicates your acknowledgement and acceptance of these Terms and Conditions.
- You acknowledge and agree that each subsidiary and affiliate of CraftChaser 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.
- The Terms and Conditions and the relationship between you and CraftChaser shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and CraftChaser agree that any cause of action, dispute or claim that may arise between you and CraftChaser shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- claims arising out of or related to any aspect of the relationship between you and CraftChaser, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
- claims that may arise after the termination of these Terms and Conditions.
You agree that you and CraftChaser are each waiving the right to trial by jury or to participate in a class action. You and CraftChaser 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 CraftChaser 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 intrastate 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.
- You and CraftChaser each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within the State of California County of Los Angeles. Notwithstanding any other provision herein, you agree that CraftChaser shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
- The failure of CraftChaser 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.
- We control and operate this Website from our office in California. We do not represent that materials on this Website are appropriate or available for use in other jurisdictions. Persons who choose to access this Website 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. CraftChaser cannot deliver product to persons outside of California.
- When you use this Website, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
- You acknowledge and agree that CraftChaser may terminate providing any services or the legal agreement between you and CraftChaser for any reason at any time. If at any time, the relationship between CraftChaser 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.