If you purchase products on the Surdyk's website (the “Site”) or participate in our Rewards Program, you agree that we may provide you with notices concerning our business or this website electronically, including notice to any email address that you may provide. The “Site” includes by definition, and these Terms apply to, the Site itself, web pages, interactive features, other applications, widgets, blogs, social networks, social network "tabs," or other online or wireless offerings that link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.
Age of Users:
Surdyk's Liquor, Inc. does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. Surdyk's Liquor, Inc. 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 representing that the person receiving a shipment of alcoholic beverages from Surdyk's is over the age of 21. You also agree that any alcohol purchased from Surdyk's is intended for personal consumption and not for resale.
You must register on the site to use certain functions or to participate in the Rewards Program. During registration you will be required to provide contact information including email address and password and you may not impersonate or register on another's behalf.
Surdyk's Liquor is a forum for merchants to advertise and offer promotions on goods and services. As such, Surdyk's Liquor is a distributor (and not a publisher) of content supplied by third parties and has no control over the quality, safety or legality of the goods and services. Surdyk's Liquor cannot and does not control whether merchants honor the promotions or prices or other information listed on this site. The opinions, advice, statements, services, offers, or other information available through the site are those of the respective third parties and not of Surdyk's Liquor. It is your responsibility to evaluate the accuracy, completeness or usefulness of any offer, promotion or other information contained on or accessed through the site. Under no circumstances will Surdyk's Liquor have any liability for any loss or damage caused by your reliance on information obtained through the Site, or on any offer misrepresented or not fulfilled by a merchant.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition. It has long been Surdyk's policy to substitute the next available vintage of an available product when applicable and appropriate.
Receiving Merchandise and Passage of Title:
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies, and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in Minnesota and why title to the alcoholic beverages is passing to you upon purchase. In the event that surdyks.com and/or its subdomains may ship wine or other alcoholic beverages to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction; (This is up to you to report, it will not be charged through us). When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. Our site lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws regarding such shipments.
By arranging for transportation of the alcoholic beverages, surdyks.com, and its sub-domains, is providing a service to, and acting on behalf of you. By utilizing this service from surdyks.com you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.
Restrictions on Use:
This site is to be used as a shopping resource for your lawful, personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, transfer or sale, in whole or in part, of any information or content, obtained from this site is strictly prohibited. Without Surdyk's Liquor's express prior approval, you agree that you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You agree that you shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Surdyk's Liquor's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
Disclaimer of Warranty:
The site is provided on an "as is, as available" basis. Surdyk's Liquor expressly disclaims any and all warranties, express or implied, of title, merchantability, fitness for a particular purpose, accuracy, availability and non-infringement. Because some states do not allow limitations on how long an implied warranty lasts, the above limitations may not apply to you. You expressly agree that use of the site is at your sole risk. Neither Surdyk's Liquor, its affiliates nor any of their respective employees, agents or third party content providers warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service or merchandise provided through the site.
Limitation of Liability:
In no event will Surdyk's Liquor, its affiliates or any of their respective employees, agents or third party content providers be liable for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of this site or with the delay or inability to use the site. This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site.
Surdyk's makes no representation that this website or its content is appropriate or available for use in locations outside of the United States. If you choose to access this website from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws, particularly in regard to alcoholic beverage. We do not ship internationally.
You agree to defend, indemnify and hold harmless Surdyk's Liquor, its affiliates, third party content providers and their respective employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
All contents (including text, graphics, logos, button icons, images, video, music, sound, software, trademarks, service marks and corporate identifiers) and compilations (meaning the collection, arrangement and assembly of the contents) displayed in this Web site are the property of Surdyk's Liquor, its content providers, participating merchants, advertisers or other parties. Any use of the contents or compilations for commercial or public purposes without the prior written consent of the owner will constitute an infringement of Surdyk's Liquor's rights and/or the rights of other parties
Links to Third Party Sites:
This Web site may contain hyperlinks to Web sites operated by parties other than Surdyk's Liquor. Such hyperlinks are provided for your reference only. Surdyk's Liquor does not control any other Web site linked to or accessed via this site and is not responsible or liable for accuracy, legality or decency of material contained in such sites. Surdyk's Liquor's inclusion of hyperlinks to other Web sites does not imply any endorsement of the material on such sites or any association with their operators
Surdyk's Liquor shall have the right, but not the obligation, to monitor the content of the site, to determine compliance with these conditions of use and any operating rules established by Surdyk's Liquor and to satisfy any law, regulation or authorized government request. Surdyk's Liquor shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the site that Surdyk's Liquor finds to be in violation of the provisions hereof or otherwise objectionable.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other software or equipment needed for access to and use of the site and all charges related thereto. The provisions of these Terms are for the benefit of Surdyk's Liquor, its subsidiaries, affiliates and its third party content providers and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms constitute the entire agreement of the parties with respect to this Web site and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms shall be governed in all respects by the laws of the State of Minnesota, without regard to its conflict of laws provisions. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If any provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms shall continue in full and effect and enforceable. Surdyk's Liquor's performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Surdyk's Liquor's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Surdyk's Liquor with respect to such use. You are responsible for complying with any local laws that may prohibit your use of this site. These Terms or relevant portions thereof, will be void where prohibited by such laws. No waiver by either party of any breach or default of any of these Terms shall be deemed to be a waiver of any prior, current or subsequent breach or default. The section headings used herein are for convenience only and shall not be deemed to supersede or modify any provisions. You agree that no partnership, employment or agency relationship exists between you and Surdyk's Liquor as a result of this agreement or use of this site.
We welcome any comments or questions you may have. Please contact us at: surdyks.com/contact-us, by phone at 612-379-3232, or by email at firstname.lastname@example.org