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1. AGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms”) thoroughly. By downloading, accessing or using SPIRIT EXPRESS CLUB, LLC’s mobile application (“the App”), website or other products or services (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you agree to be bound by these Terms. The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the App. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use the App, website, other products or Services.
SPIRIT EXPRESS CLUB, LLC (“Spirit Express Club”, “We” or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Spirit Express Club account.
You acknowledge and agree that (i) this Agreement is concluded between you and Spirit Express Club only, and not Apple, and (ii) Spirit Express Club, not Apple, is solely responsible for the App, which is sourced through Apple’s App Store. Your use of the App must comply with the App Store Terms of Service. You further agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
By downloading this application, you are voluntarily agreeing to be bound by Spirit Express Club’s Terms of Service. If you do not understand any portion of the Terms, you should not use Spirit Express Club’s Services. You further confirm that you are 21 years of age or older and you will provide government issued photo identification, upon delivery, to verify your age. You agree that you will not receive a delivery within 200 yards of a school or playground. Services are provided only in the United States.
2. ACCESS TO SPIRIT EXPRESS CLUB’S SERVICES.
Spirit Express Club grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the App, subject to the Terms (“License”). The License allows you to use the Services for your personal, non-commercial use. The License also allows you to download, install any Spirit Express Club applications related to the Services on a mobile device that you own or control for your personal non-commercial use. Spirit Express Club’s grant of the License does not permit you to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms. Any unauthorized use terminates the License granted by Spirit Express Club. All rights not expressly granted herein are reserved by Spirit Express Club.
3. PROCESSING AND DELIVERY OF PRODUCTS
Spirit Express Club provides a delivery service only, through which all orders and purchases are processed. At the time you purchase alcoholic beverages or other items (“Products”) on the App, your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to us.
Neither Spirit Express Club, nor any member, manager, officer, director, employee, shareholder or agent of Spirit Express Club shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.
SBy completing a purchase through the App, you agree that you are 21 years of age or older and that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages.
All deliveries of alcoholic beverages must be signed for by an individual who is capable of proving that he or she is 21 years of age or older and can provide a valid form of identification at the time of delivery.
If there is no individual who is not 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. All Products will be removed from the order and [What happens to Product? Can your return it, or is the purchase price forfeited?) $7.00 delivery fee will be charged to User’s credit card and the remaining balance returned to User.
The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason.
4. APP USAGE
Your use of the App and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.
You understand and acknowledge that the App is an electronic platform for the purpose of connecting consumers to Couriers to deliver Products. Spirit Express Club does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between Spirit Express Club and any business or third party as a result of this License or use of the App or Services.
5. ABILITY TO ACCEPT TERMS OF SERVICE AND USER CONDUCT
You affirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties
You affirm your place of residence and will not place or receive an order within 200 yards of a school or playground.
You also agree that:
You are fully able and legally competent to agree to the Terms;
You will not impair or harm the App or Services or attempt to gain unauthorized access to the App in any way;
Your use of the App and/or Services is subject to all applicable local, state and federal laws and regulations and you will not use the App for any illegal purposes;
You will not to use the App to purchase alcohol unless you and the alcohol recipient are 21 years old or older and can provide a valid form of identification, which verifies your age, at the time of delivery;
You will not use the App or the Services to provide alcohol to anyone who is not 21 years of age or older.
Spirit Express Club reserves the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use Spirit Express Club’s Services to provide alcohol to an individual who is under the age of 21;
You will not allow anyone else to access the App or Services using Your account information or credentials;
You will not use the App to engage in commercial activities;
You will not copy or distribute any content from the App;
You will not resell the use of the App or Services to a third party;
It is your responsibility to keep your account password and any identifying information, confidential;
Any Courier may decline your delivery request for any reason.
Spirit Express Club shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or Spirit Express Club terminates them as follows: (a) You discontinue using the Services; or (b) Spirit Express Club may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
6. INTELLECTUAL PROPERTY
All Spirit Express Club logos, titles, characters and graphics are service marks, trademarks and/or trade dress of Spirit Express Club and may not be used by you for any reason other than as expressly permitted by Spirit Express Club. All other trademarks, not owned by Spirit Express Club, that appear on the App are the property of their respective owners and you shall not obtain any ownership rights in such marks, logos or names by your use of the App.
B. Proprietary Rights
You acknowledge and agree that the App contains proprietary information and content that is intellectual property, which is protected by the law and may not be used except as provided for by Spirit Express Club.
You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the App may not be sufficient or appropriate and in that event, Spirit Express Club will be entitled to temporary and permanent injunctive relief to prohibit such use.
C. Copyright Infringement Policy
Spirit Express Club abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, Spirit Express Club will also terminate a User’s account if the user is determined to be a repeat infringer.
If you believe that your Content has been used in such a way that violates or infringes on your copyrighted Content, you may notify us by contacting our designated agent.
Any fees that Spirit Express Club may charge you for the App or Services, are due immediately and are non-refundable. Spirit Express Club, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Spirit Express Club may change the fees for the Services or the App without notice.
8. TERMINATION AND MODIFICATIONS
Spirit Express Club reserves the right to modify, suspend, or discontinue at any time, without notice, the App and/or Services offered on or through the App (or any part thereof), including but not limited to the App’s features, look and feel, and functional elements and related services.
Furthermore, Spirit Express Club reserves the right to modify the Terms at any time. Modifications are effective upon your first access of the App or use of Services after the “Last Updated” date at the beginning of these Terms. Your use of the App and/or Services will be deemed as your acceptance of the modified Terms. If you choose not to accept the modified Terms, then you should uninstall the App and discontinue any use of the Services.
The Terms and/or the License are effective until either the date you uninstall the App or you fail to comply with any term of these Terms or the License or Spirit Express Club terminates this License, whichever is earliest. Upon termination, you will discontinue all use of the App and Services. Termination does not limit or waive any of Spirit Express Club’s rights or remedies at law or in equity.
9. Disclaimers and Limitations of Liability
This section intends to limit the liability of Spirit Express Club, its subsidiaries, affiliates, related companies, members, managers, officers, directors, employees, agents, contractors, representatives, partners, and licencors (collectively, the “Spirit Express Club Entities”). The provision below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
YOU AGREE THAT YOUR USE OF THE SERVICES OFFERED BY SPIRIT EXPRESS CLUB SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPIRIT EXPRESS CLUB ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SPIRIT EXPRESS CLUB EXCEED THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID SPIRIT EXPRESS CLUB, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SPIRIT EXPRESS CLUB ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Spirit Express Club from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
Spirit Express Club’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision
In the event that any provision of these Terms is held to be void, invalid, unlawful or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
13. HEADINGS AND CONSTRUCTION
The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
14. Controlling Law and Jurisdiction
The Terms and any action, claims, dispute related to the Terms will be governed by the laws of the State of North Carolina, including consumer, civil and criminal laws of the State of North Carolina, without regard or application of an conflicts of law provisions of your state or country of residence.
You are agreeing to consent in advance to personal jurisdiction in the State of North Carolina. SPIRIT EXPRESS CLUB, LLC is a North Carolina limited liability company with its main headquarters in North Carolina. Any dispute in contract or tort that may arise in the future between yourself and SPIRIT EXPRESS CLUB, LLC will be subject to the laws of North Carolina, including consumer, civil, and criminal law. If you do not agree with this forum selection, do not use or download SPIRIT EXPRESS CLUB, LLC’s mobile application, website, or any other services.