13 PRIME STEAK WINE CLUB TERMS AND CONDITIONS
This agreement (the “Terms & Conditions“) is a legally binding agreement between you (upon joining the Wine Club, the “Club Member”) and Marihart Restaurant Group, Inc., a California corporation dba: 13 Prime Steak, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, “Company“), and applies to your membership in the 13 Prime Steak Wine Club (the “Wine Club”), your use of the URL, https://www.13primesteak.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the “Websites“).
Through the Wine Club via the Websites, the Company distributes wines and related products directly to Club Members, and offers Club Members the opportunity to take advantage of the various services offered to Club Members, including, without limitation, the opportunity to purchase an allocation of wines on a monthly or quarterly schedule, attend exclusive Wine Club member events, receive discounted wine or corkage fees while eating at Company’s restaurant, and other benefits which may be provided from time to time to Club Members at the Company’s sole discretion.
BY CLICKING THE “I AGREE” BUTTON OR BY SIGNING UP FOR A WINE CLUB, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS & CONDITIONS:
- Wine Club Membership. Each Club Member shall have the opportunity to register for one of three (or more, as desired) levels of the Wine Club. Each level of the Wine Club shall have different terms, benefits and services as determined and promoted by the Company through the Website and any other promotional communication, including without limitation, email communications and/or direct mailings. As of the date of these Terms and Conditions, there are three (3) levels of Wine Club membership, as follows: “Select”, “Choice” and “Prime”. Select and Choice Wine Club members will generally receive an allocation of two(2) bottles of wine every month, while Prime members will generally receive an allocation of three (3) bottles of wine every quarter. The exact number of bottles, shipping schedule, monthly cost charged and applicable tax and shipping charges for each Club Member will be provided to each Club Member by email communication or by U.S. mail in advance of these such shipments. Club Members may manage their Wine Club membership(s) by contacting the wine director at the contact information provided herein.
- Billing and Cancellations: The Company will use a recurring payment system in connection with the recurring fees associated with the Wine Club, and Company reserves the right to change such fees and benefits in its sole and absolute discretion without prior notification to Club Members. Club Members agree to provide and maintain with Company valid payment information (“Payment Method”), and by joining the Wine Club each Club Member hereby agrees and authorizes Company to charge the designated Payment Method on the recurring payment cycle associated with the Club Member’s Wine Club. Club Member may cancel their Wine Club membership after three (3) months by contacting Company at the numbers provided herein. Club Members shall be responsible for payment of any allocations of wine made available prior to such cancellation. Company reserves the right to terminate any Wine Club membership at any time, in Company’s sole and absolute discretion.
- Orders: Wine Club memberships are subject to availability. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to Club Members, and in the event of any such error or omission, the Company reserves the right to cancel affected orders and refund the charge to Club Member as Club Member’s sole remedy. Company reserves the right to change product pricing and discounts offered at any time, for any reason, in its sole discretion. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO WINE CLUB MEMBERSHIP, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE WINE CLUB PRIOR TO BEING CHARGED FOR YOUR NEXT SHIPMENT.
- Contact Information: If you have any requests (including Wine Club cancelations), questions or comments about your orders made in connection with the Wine Services, Wine Club membership registration, your Account, the Websites, or any other questions or comments relating to our products and services, please contact us at:
Mail: 13 Prime Steak Wine Club 550 N Bush Ave. #101Clovis, CA 93611
Pickup: 13 Prime Steak Restaurant1345 N Willow Ave #190Clovis, CA 93619
Club Members agree and acknowledge that Company may electronically communicate with such Club Members. Club Members acknowledge that communications with Company may not be confidential. By joining our Wine Clubs, you consent to receive email and/or sms message communications regarding Wine Club offers, events, or other news.
- Eligibility: Club Members must be California residents, at least twenty-one (21) years of age or older, and legally able to consume alcohol. In no event shall anyone under the age of twenty-one (21) years of age use the Websites or register as a member of a Wine Club. Club Members are prohibited from conducting the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies Club Members that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Websites to minors. Please contact Company at the information provided herein for additional information.
- Sale of Alcohol Beverages. Any wine received through the Wine Club shall be for personal consumption only, and not for resale, whether commercial or otherwise.
- Registration; Account; Guest Log-In. To utilize the Wine Club portion of the Websites, Club Members shall be asked to register a personal account (an “Account“), at which time Club Members will be required to provide the requested personal information,
including without limitation, name, phone number, email address, date of birth, and method of payment information (collectively, the “Information“). Club Members represent and warrant that all Information provided in connection with registering such Account is complete and accurate and that such Club Member is authorized to use the method of payment provided when registered the Account. Club Members are prohibited from utilizing any other Club Member’s Account. Club Member also agrees to review and update such Account as and when necessary to maintain the most current Information.
- Wine Club Pickup and Shipping. Each recurring Wine Club allocation shall be available on the first Wednesday of each month, or in the case of a Prime Wine Club allocation, on the first Wednesday of every third month. Thereafter, Club Member shall have seven (7) days to pick up their applicable allocation from the Pickup location listed herein (the “Pick Up Period”). In the event that Club Member fails to pick up their allocation within the Pick Up Period, then Company may, in its discretion, mail such Club Member’s allocation to the address listed in such Club Member’s Account. In such an event, Club Member shall be solely responsible for the payment shipping and handling costs, and authorizes Company to charge their Payment Method for all such costs. Company may, at its sole discretion, notify Club Members that wine is available prior to the Pick Up Period. Proof of age will be required at pickup or delivery.
- Replacement Orders and Refunds. All wine is sold as-is with no guarantees or warranties of any kind. Club Members who are dissatisfied with any shipment are encouraged to contact the Company in an attempt to mutually resolve any issues. Company does make any representations or warranties as to the storage of Club Member’s wine before pickup, and disclaims any liability for such damages wine. In the event that any shipment is not-delivered, or is damaged during storage or delivery, then such Club Member’s sole remedy is a refund for that particular shipment, provided that notice of such non-delivery is provided to Company within thirty (30) days.
- Promotional Offers. Club Members will be eligible to receive various benefits provided from time to time by the Company, including, without limitation, receiving discounts, vouchers and promotional offers with respect to wine, related products, and Wine Club memberships, unless prohibited by law. You will be notified of these special offers through various channels of communication, including, without limitation, email, sms messaging and/or U.S. mail. Each such discount, voucher, and promotion offered to you will apply only to those specific wines, related products, and Wine Club memberships advertised, and will be governed by these Terms & Conditions, as amended from time to time, and the applicable terms of such promotions as communicated to you. All offers are subject to availability and the Company reserves the right to change discounts, vouchers or offers at any time.
- Website Usage. Company grants Club Members the limited right to access the Websites for the purposes herein. Club Members agree not to engage in any of the following activities: (i) interfere with or inhibit the use of the Websites by other users; (ii) use the Websites for commercial purposes other than for Company; (iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information; (iv) copy, reverse engineer, or attempt to derive the source code of any part of the Websites; (v) using the Websites to post any matter that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or(vi) use the Websites in a manner that would violate any of these Terms & Conditions or any
applicable laws; (vii) sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit any content contained on the Websites, including without limitation any intellectual property. Company may take any action that it deems appropriate in its sole discretion to rectify any breaches of these Terms and Conditions, including any legal action. THE WEBSITES AND THE CONTENT THEREIN (INCLUDING ANY THIRD PARTY LINKS) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WINE CLUB MEMBER’S USE OF THE WEBSITES, INCLUDING ANY THIRD PARTY AFFILIATE LINKS ARE SOLELY AT THEIR OWN RISK.
- Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at Company’s sole discretion. Company will attempt to notify you of any such modifications by posting a notice on the Websites promptly following any such modification, but make no guarantees that Company will do so. Your continued use of the Websites or your Account following such notification will be confirmation of your acceptance of such changes. The Websites are subject to constant change, and Club Members will not be eligible for any compensation because of an inability to utilize any part of the Websites or because of a failure, suspension or withdrawal of all or part of the Websites.
- Limitation of Liability. To the fullest extent permitted by law, the Company shall not be liable, whether in contract, tort (including negligence), product liability, strict liability or otherwise for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits, lost data, or any other commercial damages, or losses, even if the company has knowledge of the possibility of such damages. Furthermore, in no event shall the company’s total liability exceed the value of six (6) months of Wine Club shipments.
- Governing Law. These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of California pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles. Any action arising hereunder shall take place in any appropriate State or Federal court located in the County of Fresno, regardless of any conflict of law provisions.
- Severability. In the event that any provision of these Terms & Conditions are declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless such severance materially changes the consideration herein, or the purpose of the these Terms and Conditions cannot be effected absent the severed provision.
- Entire Agreement. These Terms & Conditions and the terms and conditions that may be posted on the Websites or of any promotional offers we make and you accept constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you
have not relied on any representation except insofar as the same has expressly been made a representation in these Websites Agreements. These Websites Agreements, including these Terms & Conditions, shall not be modified other than in writing.
- Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Notices shall be sent to the mailing address contained herein.
- Assignment. These Terms & Conditions are applicable to Club Members and may not be assigned without Company’s written consent. The Company reserves the right to assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion.
- Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
- Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company, including without limitation any local, state, national or international pandemic.