Some of our products and services may have additional rules, policies, and procedures (additional terms). Where additional terms apply to a product or service, we will make them available for you to read through your use of that product or service. By using that product or service, you agree to any additional terms.
The company reserves the right, at its sole discretion, to revise these terms and conditions of use at any time by updating this agreement on the website. Please check these terms periodically for changes. If we change this agreement, we will give you notice by posting the revised agreement on this website. Those changes will go into effect on the revision date shown in the revised agreement. Your continued use of the website following the posting of changes to these terms will mean you accept those changes and that they apply to you. These terms and conditions of use apply to every website maintained by the company. If you do not agree with these terms and conditions of use, please do not use this website. If you breach any of these terms and conditions of use your right to use this website will terminate automatically.
FossilCreekLiquors.com is the online home of Fossil Creek. The Company operates specialty beverage stores in Texas in addition to this Website. A map to any individual store may be found on the site. The Company makes no representations that materials contained on the Website are appropriate for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.
1. The Sale of Alcoholic Beverages
The Company 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. The Company 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 the Company is over the age of 21. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale. Sales per person in California cannot exceed limit of 52 gallons per transaction. If your purchase is spoiled, contaminated or otherwise not consumable, returns made within 7 days with a valid receipt, will be refunded to the original form of payment or exchanged.
2. Use of Site
The Company maintains this Website and its contents for your personal information, entertainment and education. You agree to (a) provide Us with complete and current registration information when you first register for this Website or theSource! and (b) keep such registration information updated and current. Persons under 21 are prohibited from providing personal information on our Website. Those who choose to access the Website from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please feel free to browse the website. You may view and download material displayed on the Website for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, re-post, or use the contents of this website for public or commercial purposes, without the Company’s prior written permission. You may not alter or interfere with the content or functioning of the Website, or “mirror” any content contained on this Website on any other server. The materials on this Website are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Website will terminate automatically.
You are responsible for your use of the Website, and for any use of the Website made using your account. At the Company, our goal is to create a positive, rewarding, and safe experience in connection with our Website. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Website, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 12 below);
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages or content contained in the Website (although the Company may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Website;
- attempt to circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Website;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.
- The Company strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. The Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company, and/or its products and services. The Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.
The Company strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. The Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company, and/or its products and services. The Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
3. Disclaimers of Warranties
The material contained in this website has been checked for accuracy; however, there may be inadvertent technical or factual inaccuracies and typographical errors. The company expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this website. Information published on this website may refer to products, programs or services that are not available in your state or country. Without limiting the foregoing, the website is provided “as is” and without warranty of any kind, either express of implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
4. Limitation of Liability; Indemnification
Neither the company nor any third party involved in creating or delivering the website will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the website, even if the company has been advised of the possibility of such damages.
The company may change information contained on the website at any time. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws. You assume the entire risk as to the use of this website. If you are dissatisfied with the website or any content on the site, your remedy is to discontinue using this site.
To the maximum extent permitted by applicable laws, you hereby waive any claims with respect thereto, whether based on contractual, tort, or other grounds, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations may apply to you.
You agree to indemnify and hold harmless company, its affiliates, agents, independent consultants, and their respective officers, directors, employees, and agents from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your use of this website, any sale conducted hereunder, or information regarding company products, or in connection with your account or any other person’s use or access to this service by or through your account, with or without your permission, including without limitation any claims of negligence, libel, defamation, violation of rights of privacy or publicity, trespass, and infringement of intellectual or other proprietary rights.
5 Copyrights, Trademarks and other Proprietary Rights
The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company’s written permission.
As a convenience to you, our Website may display links to other sites—which are not maintained by the Company. The Company is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties. We try to include only links to those sites—which are in good taste and safe for our visitors.
7. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas without regard to any conflict of laws principles.
8. Arbitration Agreement
This section limits certain rights that you and we might have, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that you or company would have in court also may not be available in arbitration.
A. You and Fossil Creek agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Fossil Creek relating to the Service or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 10. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
B. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fossil Creek will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, Fossil Creek will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
C. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Fossil Creek also have the right to bring qualifying claims in small claims court. In addition, you and Fossil Creek retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
D. Neither you nor Fossil Creek may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and Fossil Creek individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
E. If any provision of this Section 10 is found to be invalid or unenforceable, except for subparagraph (d), then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 10 shall continue in full force and effect. No waiver of any provision of this Section 10 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph (d) is found to be invalid or unenforceable then neither you nor Fossil Creek shall be entitled to arbitration.
F. This Arbitration Provision shall survive termination of your relationship with Fossil Creek.
H. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph (g)), the parties hereby agree to submit to the personal jurisdiction of the courts located in the Northern District of California, for such purpose.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
You may contact Fossil Creek by writing or calling Fossil Creek at the address, email address and/or telephone number listed below:
PO BOX 122385, FW, TX76121
Please print a copy of this agreement for your records and please check the website frequently for any changes to this agreement.