AGREEMENT
1. This is an Agreement between you and Mary Street IceHouse, “Company”. This Agreement governs your use of www.marystreeticehouse.com. You represent that you are at least 21 years of age. THE COMPANY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (SEE SECTIONS 5 AND 6) AND AN EXCLUSIVE REMEDY (SEE SECTION 7). THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE. You agree not to use the Site in any way that is unlawful.
2. The Company reserves the right to modify the terms, conditions and notices under which it offers the Site without notice. Your continued use of the Site after any such changes constitutes your agreement to such changes. The Company further reserves the right to change prices and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding order to sell product on such terms.
3. All content, including without limitation graphics, logos, text, images and other features, appearing on the Site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by the Company or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of the Company, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.
4. As the user of this Site you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the this Site without the prior written permission of Beverage Media Group of New York (“BMG”), the Company’s authorized representative. This prohibition includes without limitation the publication of any part of this content on any other Web site, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this Site should be directed to Legal.
5. THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS. THE COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
6. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
7. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE.
8. This Site contains links to additional resources. The Company does not have any control over, and, therefore, is not responsible for, the content or availability of these other resources.
9. Certain provisions of this Agreement, including without limitation the provisions concerning protection of content, are also for the benefit of BMG. BMG shall have the right to assert and enforce those provisions directly and for the benefit of BMG.
10. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflict of laws rules.
Dispute Resolution
IN THE EVENT OF ANY CLAIM OR DISPUTE BETWEEN YOU AND MARYSTREETICEHOUSE.COM RELATED TO YOUR USE OF THIS WEBSITE, YOUR PURCHASE OF ANY GOODS OR SERVICES FROM MARYSTREETICEHOUSE.COM, OR ANY REPRESENTATIONS OR STATEMENTS BY MARYSTREETICEHOUSE.COM TO YOU, WHETHER SUCH CLAIM ARISES OUT OF STATUTE, CONTRACT OR TORT, THE CLAIM OR DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE REQUEST OF EITHER PARTY UPON THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. FURTHER, ALL SUCH CLAIMS MAY BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT BY WAY OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. SUCH DISPUTES INCLUDE WITHOUT LIMITATION DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION.
The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in New Jersey or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and www.marystreeticehouse.com attorneys’ fees and costs.
This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying www.marystreeticehouse.com in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to www.marystreeticehouse.com’s Terms of Service, including this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the ’FAA’) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.
Warranties
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY MARYSTREETICEHOUSE.COM AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
Every effort is made to keep the website up and running smoothly. However, www.marystreeticehouse.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULL EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THE MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT ON THIS WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE FROM US.