Terms of Use
This Web site is owned and operated by Surdyk's Liquor and is
made available under the following Terms of Use. Please read these
Terms carefully before using this site. By using this site, you
agree to these Terms. If you are unable to agree to these Terms
without modification, please do not use this site. YOU MUST BE 21
YEARS OF AGE OR OLDER TO USE THIS SITE! If you have any questions,
please e-mail us at: info@surdyks.com.
Surdyk's makes every effort to ensure that the information
contained on our website is accurate, but we cannot guarantee its
correctness. We are not responsible for misprints or typographical
errors. Prices are subject to change without notice.
No part of this website may be reproduced without our written consent.
1. Changes:
Surdyk's Liquor reserves the right to amend these Terms of Use, at
any time. Such amendment will be effective immediately and will be
posted on the www.surdyks.com Web site. Any use of the site by you
after such posting shall constitute your acceptance of such
amendment. Surdyk's Liquor also reserves the right to improve,
change or discontinue any aspect or feature of the site, including,
without limitation, the content, hours of availability and
equipment needed for access.
2. Third Party Content:
Surdyk's Liquor is a forum for merchants to advertise and offer
promotions on goods and services. As such, Surdyk's Liquor is a
distributor (and not a publisher) of content supplied by third
parties and has no control over the quality, safety or legality of
the goods and services. Surdyk's Liquor cannot and does not control
whether merchants honor the promotions or prices or other
information listed on this site. The opinions, advice, statements,
services, offers, or other information available through the site
are those of the respective third parties and not of Surdyk's
Liquor. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any offer, promotion or other
information contained on or accessed through the site. Under no
circumstances will Surdyk's Liquor have any liability for any loss
or damage caused by your reliance on information obtained through
the Site, or on any offer misrepresented or not fulfilled by a
merchant
3. Restrictions on Use:
This site is to be used as a shopping resource for your lawful,
personal, non-commercial use only. Any other use, including the
reproduction, modification, distribution, transmission,
republication, display, performance, transfer or sale, in whole or
in part, of any information or content, obtained from this site is
strictly prohibited. Without Surdyk's Liquor's express prior
approval, you agree that you shall not post or transmit through the
site any material which contains advertising or any solicitation
with respect to products or services. You agree that you shall not
use the site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with
the site. Any conduct by you that in Surdyk's Liquor's discretion
restricts or inhibits any other user from using or enjoying the
site will not be permitted.
4. Disclaimer of Warranty:
The site is provided on an "as is, as available" basis. Surdyk's
Liquor expressly disclaims any and all warranties, express or
implied, of title, merchantability, fitness for a particular
purpose, accuracy, availability and non-infringement. Because some
states do not allow limitations on how long an implied warranty
lasts, the above limitations may not apply to you. You expressly
agree that use of the site is at your sole risk. Neither Surdyk's
Liquor, its affiliates nor any of their respective employees,
agents or third party content providers warrant that the site will
be uninterrupted or error free, nor do they make any warranty as to
the results that may be obtained from use of the site, or as to the
accuracy or reliability of any information, service or merchandise
provided through the site.
5. Limitation of Liability:
In no event will Surdyk's Liquor, its affiliates or any of their
respective employees, agents or third party content providers be
liable for any damages, including, without limitation, direct,
indirect, incidental, special, punitive, consequential or similar
damages, including, without limitation, lost profits or revenues,
loss of use or similar economic loss, arising out of the use of
this site or with the delay or inability to use the site. This
disclaimer applies to any damages or injury caused by any failure
of performance, error, omission, inaccuracy, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of this site
6. Indemnification:
You agree to defend, indemnify and hold harmless Surdyk's Liquor,
its affiliates, third party content providers and their respective
employees and agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of your use of
the site.
7. Trademarks:
All contents (including text, graphics, logos, button icons,
images, video, music, sound, software, trademarks, service marks
and corporate identifiers) and compilations (meaning the
collection, arrangement and assembly of the contents) displayed in
this Web site are the property of Surdyk's Liquor, its content
providers, participating merchants, advertisers or other parties.
Any use of the contents or compilations for commercial or public
purposes without the prior written consent of the owner will
constitute an infringement of Surdyk's Liquor's rights and/or the
rights of other parties
8. Links to Third Party Sites:
This Web site may contain hyperlinks to Web sites operated by
parties other than Surdyk's Liquor. Such hyperlinks are provided
for your reference only. Surdyk's Liquor does not control any other
Web site linked to or accessed via this site and is not responsible
or liable for accuracy, legality or decency of material contained
in such sites. Surdyk's Liquor's inclusion of hyperlinks to other
Web sites does not imply any endorsement of the material on such
sites or any association with their operators
9. Monitoring:
Surdyk's Liquor shall have the right, but not the obligation, to
monitor the content of the site, to determine compliance with these
conditions of use and any operating rules established by Surdyk's
Liquor and to satisfy any law, regulation or authorized government
request. Surdyk's Liquor shall have the right, in its sole
discretion, to edit, refuse to post or remove any material
submitted to or posted on the site that Surdyk's Liquor finds to be
in violation of the provisions hereof or otherwise
objectionable.
10. Miscellaneous
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other software or equipment needed
for access to and use of the site and all charges related
thereto.
The provisions of these Terms are for the benefit of Surdyk's
Liquor, its subsidiaries, affiliates and its third party content
providers and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
These Terms constitute the entire agreement of the parties with
respect to this Web site and supersede all previous written or oral
agreements between the parties with respect to such subject
matter.
These Terms shall be governed in all respects by the laws of the
State of Minnesota, without regard to its conflict of laws
provisions. Use of this Web site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
Terms, including without limitation this paragraph.
If any provision of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remaining Terms shall continue in full
and effect and enforceable.
Surdyk's Liquor's performance of these Terms is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Surdyk's Liquor's right to comply
with law enforcement requests or requirements relating to your use
of this site or information provided to or gathered by Surdyk's
Liquor with respect to such use.
You are responsible for complying with any local laws that may
prohibit your use of this site. These Terms or relevant portions
thereof, will be void where prohibited by such laws.
No waiver by either party of any breach or default of any of
these Terms shall be deemed to be a waiver of any prior, current or
subsequent breach or default.
The section headings used herein are for convenience only and
shall not be deemed to supersede or modify any provisions.
You agree that no partnership, employment or agency relationship
exists between you and Surdyk's Liquor as a result of this
agreement or use of this site.