TERMS AND CONDITIONS

TERMS OF SERVICE

Welcome to the Internet sites of Wine Witches, LLC. DBA AceofCups.club (“AceofCups.club"). Wine Witches, LLC includes AceofCups.club, and other Internet sites affiliated with Wine Witches, LLC, (each a “Wine Witches, LLC Site"). Each Wine Witches, LLC Site is operated by Wine Witches, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE NOTE THAT YOUR USE OF THE ACEOFCUPS.CLUB SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE ACEOFCUPS.CLUB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY WINE WITCHES, LLC FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE ACEOFCUPS.CLUB SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

USER OBLIGATIONS

You agree not to do any of the following while using the AceofCups.club Site:

  • Intentionally or unintentionally violate any applicable law or regulation.

  • Access, tamper with, or use nonpublic areas of the AceofCups.club Site or Wine Witches, LLC computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

  • You will not access the Aceofcups.club Site with any manual or automated process for any purpose other than to purchase AceofCups.club products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the AceofCups.club Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.

  • Frame or link to the Aceofcups.club Site except as permitted in writing by Wine Witches, LLC.

THE SALE OF ALCOHOLIC BEVERAGES

AceofCups.club does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Aceofcups.club 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 acknowledging that the person receiving a shipment of alcoholic beverages from Aceofcups.club is over the age of 21. You also agree that any alcohol purchased from AceofCups.club is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Aceofcups.club will prosecute you fully to the extent allowable by law.

TITLE AND OWNERSHIP

Title to, and ownership of, all wine passes from AceofCups.club to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, AceofCups.club is providing a service to, and acting on behalf of the purchaser. By utilizing this service from AceofCups.club, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this AceofCups.club Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of AceofCups.club. AceofCups.club neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this AceofCups.club Site by anyone other than authorized AceofCups.club employees acting in their official capacities.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, Aceofcups.club hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Aceofcups.club does not sponsor or endorse any of these companies or their services.

LINKS

The AceofCups.club Site may contain links to other web sites or resources. You acknowledge and agree that AceofCups.club is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the AceofCups.club Site does not imply that Aceofcups.club endorses the linked site.

DAMAGED IN SHIPMENT

If you receive your wine and it has been damaged during shipment, please email us at hello@aceofcups.club within 3 days of receiving the shipment. Include a description of the damages and include pictures. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.

REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

EXCHANGES

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hello@aceofcups.club.


TERMS - CHANGES, TERMINATION AND LIABILITY

Agreement Changes: AceofCups.club may in its discretion change and update these Terms, AceofCups.com's general Terms of Service and Privacy Policy, or any aspect of StewardShip membership, without prior notice to you. However, any increase in the membership fee will not apply until your membership is renewed. If you cancel your membership before the effective date of these changes, AceofCups.club will give you a prorated refund of your membership fee based on the number of full months remaining in your membership period. This refund option does not apply to any other changes AceofCups.club may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER ACEOFCUPS.CLUB CHANGES THESE TERMS, TERMS OF SERVICE, PRIVACY POLICY, OR MEMBERSHIP CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by AceofCups.club: AceofCups.club may terminate your membership at its discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that AceofCups.club determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. AceofCups.com’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Limitation of Liability: IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ACEOFCUPS.CLUB'S TERMS OF SERVICE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO STEWARDSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Fees; Renewal: UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU, AND TO CHARGE ANY CREDIT CARD, DEBIT CARD, OR ANY OTHER PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU ONE OR MORE TIMES, FOR FULL OR PARTIAL AMOUNTS, AS REASONABLY NECESSARY FOR US TO COLLECT THE PAYMENTS DUE FROM YOU.

Membership Cancellation: If you cancel your membership before you have made any eligible purchases, we will refund your full membership fee.

Promotional Trial Memberships: We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time choose not to upgrade to regular annual membership at the end of the trial period.

REFER-A-FRIEND TERMS AND CONDITIONS

Binding Agreement: By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of AceofCups.club's decisions are final and binding.

Privacy: The personal information collected, processed and used as part of the Program will be used in accordance with AceofCups.club’s Privacy Statement, which is available by link on the Site.

How the Program Works: You must be a legal resident of the United States of America and at least 21 years old to use the Site. Next, you must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues. Users may refer a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Program. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message.

Restrictions: Referrers cannot refer themselves or create multiple, fictitious or fake accounts with AceofCups.club or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Employees of AceofCups.club or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.

Rewards: By making a valid referral, you will receive Advocate Reward and your Friend will receive Friend Reward. Advocates, subject to change, can earn a maximum of 10 rewards per day. Friends can only get one reward, and must be a new customer. Advocate will receive their reward after Friend makes a qualifying purchase. These rewards may be redeemed in various forms in AceofCups.club's sole discretion. Restrictions may apply. For example, there may be a limitation on the number of referrals you can make, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. AceofCups.club may delay a reward for the purposes of investigation. AceofCups.club may also refuse to verify and process any transaction for any reason.

Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.

Liability: YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless AceofCups.club, Wine Witches, LLC., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ACEOFCUPS.CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Bulk Distribution (“Spam”): Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. AceofCups.club has no obligation to monitor the Program or any communications; however, AceofCups.club may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

Sign-In Credentials: Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify AceofCups.club immediately if they suspect unauthorized access to their account. Users agree that AceofCups.club will not be liable for any loss or damage arising from unauthorized use of their credentials.

Right to Cancel, Modify or Terminate: We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms.

PROTECTION OF CONTENT PROVIDED BY ACEOFCUPS.CLUB AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the AceofCups.club Site ("Site Content") are copyrighted materials owned by or licensed to AceofCups.club. The Site Content may contain trademarks, service marks and trade names which are owned by AceofCups.club and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by AceofCups.club, its affiliates, or third parties. "AceofCups.club" is a trademark of Wine Witches, LLC. Unless authorized in writing by an officer of AceofCups.club, Aceofcups.club's trademarks may not be used in connection with any product or service that is not AceofCups's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AceofCups.club. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of AceofCups.club or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the AceofCups.club Site. Nothing contained in the AceofCups.club Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of AceofCups.club, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to AceofCups.club, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

AceofCups.club respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AceofCups.club's Designated Agent the following information:

AceofCups.club's Policy Concerning Claims of Infringement 

    Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to AceofCups.club's designated agent as specified below. Please include the following information:

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

NOTICES

ACEOFCUPS.CLUB will give you any necessary notices by posting them on the AceofCups.club Site. You authorize ACEOFCUPS.CLUB to send notices via electronic mail as well if ACEOFCUPS.CLUB decides, in its sole discretion, to do so. You agree to check the AceofCups.club Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the AceofCups.club Site.

DISCLAIMER OF WARRANTIES

ALTHOUGH ACEOFCUPS.CLUB ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE ACEOFCUPS.CLUB SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE ACEOFCUPS.CLUB SITE. ACEOFCUPS.CLUB DOES NOT WARRANT THAT YOUR USE OF THE ACEOFCUPS.CLUB SITE, OR THE OPERATION OR FUNCTION OF THE ACEOFCUPS.CLUB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE ACEOFCUPS.CLUB SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. ACEOFCUPS.CLUB AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ACEOFCUPS.CLUB SITE. THE ACEOFCUPS.CLUB SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ACEOFCUPS.CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACEOFCUPS.CLUB SITE, THE USE OR PERFORMANCE OF THE ACEOFCUPS.CLUB SITE, THE DELAY OR INABILITY TO USE THE ACEOFCUPS.CLUB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ACEOFCUPS.CLUB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ACEOFCUPS.CLUB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACEOFCUPS.CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ACEOFCUPS.CLUB SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACEOFCUPS.CLUB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS ACEOFCUPS.CLUB'S LIABILITY OR YOUR REMEDIES.

ACCESSIBILITY INFORMATION

AceofCups.club strives to have our website and mobile applications accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy wine and crystals online. If there is any way you think we can make our website or mobile applications more accessible to you, please email us at hello@aceofcups.club with the subject line “accessible”. 

PRIVACY POLICY

Your use of the AceofCups.club Site is governed by the AceofCups.club Privacy Policy.

TERMINATION OF YOUR ACEOFCUPS.CLUB ACCOUNT

AceofCups.club may terminate your AceofCups.club Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

AceofCups.club shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. AceofCups.club shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AceofCups.club shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

ACEOFCUPS.CLUB RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

FORCE MAJEURE

AceofCups.club shall be excused from performance under this Terms of Service if AceofCups.club is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of AceofCups.club.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from AceofCups.club, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that AceofCups.club and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the AceofCups.club Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AceofCups.club to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AceofCups.club in writing. The Terms of Service, along with the AceofCups.club Privacy Policy, comprises the entire agreement between you and AceofCups.club and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of AceofCups.club. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of AceofCups.club shall be null and void. These Terms of Service will inure to the benefit of AceofCups.club's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

DISPUTES

Any dispute or claim relating in any way to your use of any AceofCups.club Service, or to any products or services sold or distributed by AceofCups.club will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AceofCups.club c/o Legal Department 3110 W Pico Blvd. Suit A, Los Angeles, CA 90035. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, AceofCups.club will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any AceofCups.club Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AceofCups.club.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated January 6, 2022.