Terms of service

GENERAL

Welcome to the Internet sites of sipsetter co. (“sipsetter”). sipsetter includes sipsetter, and other Internet sites affiliated with sipsetter co. (each a “sipsetter Site”). Each sipsetter Site is operated by sipsetter, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).

PLEASE NOTE THAT YOUR USE OF THE SIPSETTER 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 SIPSETTER SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SIPSETTER 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 SIPSETTER FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SIPSETTER 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 sipsetter Site:

1. Intentionally or unintentionally violate any applicable law or regulation.

2. Access, tamper with, or use nonpublic areas of the sipsetter Site or sipsetter’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

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

4. Frame or link to the sipsetter Site except as permitted in writing by sipsetter.

THE SALE OF ALCOHOLIC BEVERAGES

(A) Title and Taxes.

We are a licensed retailer of alcoholic beverages in California. Except for orders going to permit states described below, title to and ownership of alcoholic beverages passes from us to you in California, and wines are delivered to you in California. California sales tax will be applied to these transactions, and wine will be stored on your behalf at our facility prior to pickup or fulfillment as further described in subsection (B) below. For orders going to states in which we are licensed, have a direct-to-consumer shipping permit, or where shipments are otherwise authorized (AK, CA, FL, ID, NE, NH, NM, NV, ND, OR, VA and WY), title to and ownership of products passes from us to you in accordance with applicable requirements, and sales and other applicable taxes may be applied based on the requirements of the destination state.

(B) Fulfillment.

You may pick up products at our location during our regular business hours, or you may make independent delivery arrangements. Additionally, you may also elect to have your wine order fulfilled through a third-party shipper, and you agree to allow us to provide information regarding your designated shipping destination to the third-party for fulfillment. We will provide storage of your wines pending transfer to the third-party for fulfillment. Our storage fees are $5.00 per 30-day period, and the first month’s fees are included in your purchase price.

(C) Representations.

We make no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination.

By placing an order with us, you acknowledge that you are at least 21 years old, and that the person to whom products will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old.

TITLE AND OWNERSHIP

Title to, and ownership of, all wine passes from sipsetter 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, sipsetter is providing a service to, and acting on behalf of the purchaser. By utilizing this service from sipsetter, 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 sipsetter Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of sipsetter. sipsetter neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this sipsetter Site by anyone other than authorized sipsetter employees acting in their official capacities.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, sipsetter 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. sipsetter does not sponsor or endorse any of these companies or their services.

LINKS

The sipsetter Site may contain links to other web sites or resources. You acknowledge and agree that sipsetter 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 sipsetter Site does not imply that sipsetter endorses the linked site.

RETURNS

10 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS

Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To return your wine, please contact us at

hello@sipsetter.com

If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase.

DAMAGED IN SHIPMENT

If you receive your wine and it has been damaged during shipment, please email us at hello@sipsetter.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. 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@sipsetter.com.

GIFT CARDS

Gift cards must be redeemed through the sipsetter Web site,

https://www.sipsetter.com

toward the purchase of products listed in sipsetter’s online catalog. Gift Cards cannot be used to purchase gift certificates or gift cards, such as sipsetter Gift Cards. Gift Cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift Card cash value is 1/10 of one cent. Gift Cards and their use on the sipsetter Web site are subject to sipsetter’s general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please email us at hello@sipsetter.com. sipsetter will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift card is either redeemed through the sipsetter Web site or is redeemed and used to make purchases on the sipsetter Web site. sipsetter may provide gift card purchasers with information about the redemption status of gift cards.

The risk of loss and title for Gift Card pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or your sipsetter Balance or any Gift Card is used without your permission.

Sipsetter AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

sipsetter gift certificates are issued and sold by sipsetter co., a California corporation. By visiting sipsetter, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.

Any dispute or claim relating in any way to Gift Cards or your sipsetter Balance 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 U.S. Federal Arbitration Act and U.S. 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 these terms and conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to sipsetter, Inc. c/o Legal Department 222 Sutter Street Suite 450 San Francisco CA 94108. 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, we will not to 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 at a mutually agreed location.

We and you 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 and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any dispute relating in any way to sipsetter gift certificates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate sipsetter’s intellectual property rights, sipsetter may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts.

sipsetter reserves the right to change and update these terms and conditions from time to time in its discretion, and your continued use of this website represents acceptance of the revised terms and conditions.

All terms and conditions are applicable to the extent permitted by law.

TERMS - CHANGES, TERMINATION AND LIABILITY

Agreement Changes: sipsetter may in its discretion change and update these Terms, sipsetter’s general Terms of Service and Privacy Policy 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, sipsetter 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 sipsetter 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 sipsetter 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 sipsetter: sipsetter 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 sipsetter 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. sipsetter’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 sipsetter’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.

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

SIPSET

Welcome to sipset by sipsetter (“sipset”). These terms and conditions (“Terms”) are between you and sipsetter, Inc., and/or its affiliates (“sipsetter” or “Us”) and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with sipset, constitute the entire agreement between you and sipsetter related to sipset. Please note that your use of the sipsetter Website and enrollment in sipset are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the sipsetter website, all of which (as changed over time) are incorporated into these Terms. If you enroll, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

PROGRAM BENEFITS

Recurring Wine Shipments.

1. Frequency and Quantity.

By enrolling in sipset you agree to receive three (3) or six (6) bottles of wine at a monthly cadence.

2.Scheduling.

You may accelerate or delay the date of your next shipment any time before your order is processed. Following orders, will be scheduled relative to the date of your last shipment and according to your chosen frequency.

3.Pricing.

1.Pricing.

The price of each shipment reflects the retail prices of the wine you receive. We do this so that you never doubt our incentives or the wine quality.

2. Shipping & Taxes.

Shipping is indicated as free or discounted on your sipset shipments. Depending on your state, sales tax may be applied.

3. Curation.

The wine expertise provided to you is always free. There are no hidden service fees baked into our pricing.

4.Cancelations.

You may cancel your sipset subscription at any time prior to your next shipment being confirmed by (i) selecting “Cancel” in your sipset Account Settings or (ii) emailing us at TBD from the email address currently associated with your account, stating that you want to cancel your subscription. If you cancel your subscription after an order has been shipped and not yet received, we will not be able to refund you for that order.

5.Subscription Modifications.

We will send you an email reminder seven (7) days prior to placing your next order. You can modify your subscription settings, provide feedback on your prior shipments, or cancel your subscription prior to and during that seven-day period.

Free Shipping.

sipset subscribers will receive free standard shipping on their subscription orders. Regular shipping charges apply to all other sipsetter orders.

We maintain the right to suspend or deactivate a customer’s sipset subscription. The right to do so is entirely at the discretion of sipsetter.

BILLING & PAYMENT

1. Credit Card. During the enrollment process you will provide a credit card to be used as your form of payment for your recurring subscription (“Subscription Card”). You may change your Subscription Card at any time from your Account Settings page. A Subscription Card is required even when using a sipsetter Gift Card, but it will not be charged until the Gift Card no longer has funds available.

2. Recurring Subscription. By enrolling in sipset you agree that until you cancel your subscription, we may charge your Subscription Card on a recurring basis according to the frequency you selected. You may cancel your subscription at any time, and/or reschedule an upcoming shipment prior to an order being placed.

3. Representations. You represent that you will not use any credit card or other form of payment unless you have authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make orders

DELIVERY

1. Local Pickup and Delivery Locations. An adult signature is required to receive your wine. In order to ensure the best delivery experience, we recommend sending your sipsetter orders to a Local Pickup location (such as FedEx or Walgreens), your work address, or a doorman building. Find a

Local Pickup location.

Local Pickup location near you.

2. Damaged in Shipment. If you receive your wine and it has been damaged during shipment, please email us at hello@sipsetter.com within 3 days of receiving the shipment. Please include a description of the damages and pictures, if possible. 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.

3. Extreme Weather. If extreme weather impacts the transit route of your shipment, we will hold your order until it is safe to ship. You will be alerted via email in the event this occurs.

ELECTRONIC COMMUNICATIONS

By accepting these Terms, you agree to receive email communications relating to your sipset orders and subscription. These emails may include, but are not limited to shipment confirmations, notifications of an upcoming order, information about the wine you received, and reminders to rate your wines.

GIFTS

sipset cannot be given as a gift because it is tied to the account and preferences of the person purchasing it. Instead, we recommend giving a sipsetter gift certificate.

PROMOTIONAL OFFERS

Promo codes may not be applied to a sipset subscription. Free shipping is provided on every subscription order.

ACCOUNT CONDITIONS

1. You must have a sipsetter account in order to subscribe to Picked. We reserve the right to accept or refuse membership in our discretion.

2. You may not transfer or assign your subscription or these benefits.

3. sipsetter may terminate your subscription at its discretion without notice. sipsetter’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

AGREEMENT CHANGES

sipsetter may in its discretion change and update these Terms, sipsetter’s general Terms of Service and Privacy Policy, or any aspect of Picked, without prior notice to you. 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 SUBSCRIPTION AFTER sipsetter CHANGES THESE TERMS, TERMS OF SERVICE, PRIVACY POLICY, OR SUBSCRIPTION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

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 sipsetter’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 sipsetter’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 sipsetter 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 sipsetter 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 five days after Friend makes a qualifying purchase. These rewards may be redeemed in various forms in sipsetter’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. sipsetter may delay a reward for the purposes of investigation. sipsetter 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 sipsetter, Extole, Inc., 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 sipsetter 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:

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. sipsetter has no obligation to monitor the Program or any communications; however, sipsetter 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 sipsetter immediately if they suspect unauthorized access to their account. Users agree that sipsetter 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 SIPSETTER AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the sipsetter Site (“Site Content”) are copyrighted materials owned by or licensed to sipsetter. The Site Content may contain trademarks, service marks and trade names which are owned by sipsetter 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 sipsetter, its affiliates, or third parties. “sipsetter” is a trademark of sipsetter. Unless authorized in writing by an officer of sipsetter, sipsetter’s trademarks may not be used in connection with any product or service that is not sipsetter’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits sipsetter. 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 sipsetter 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 sipsetter Site. Nothing contained in the sipsetter 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 sipsetter, 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 sipsetter, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

sipsetter 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 sipsetter’s Designated Agent the following information:

Sipsetter’s Policy Concerning Claims of Infringement

Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to sipsetter’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

sipsetter will give you any necessary notices by posting them on the sipsetter Site. You authorize sipsetter to send notices via electronic mail as well if sipsetter decides, in its sole discretion, to do so. You agree to check the sipsetter 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 sipsetter Site.

DISCLAIMER OF WARRANTIES

ALTHOUGH sipsetter ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE sipsetter SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE sipsetter SITE. sipsetter DOES NOT WARRANT THAT YOUR USE OF THE sipsetter SITE, OR THE OPERATION OR FUNCTION OF THE sipsetter 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 sipsetter 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. sipsetter AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE sipsetter SITE. THE sipsetter 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 sipsetter 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 sipsetter SITE, THE USE OR PERFORMANCE OF THE sipsetter SITE, THE DELAY OR INABILITY TO USE THE sipsetter SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE sipsetter SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE sipsetter SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF sipsetter OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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

PRIVACY POLICY

Your use of the sipsetter Site is governed by the sipsetter Privacy Policy.

TERMINATION OF YOUR SIPSETTER ACCOUNT

sipsetter may terminate your sipsetter 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

sipsetter 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. sipsetter 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, sipsetter shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

sipsetter 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

sipsetter shall be excused from performance under this Terms of Service if sipsetter 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 sipsetter.

SURVIVAL

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

GENERAL PROVISIONS

You agree that sipsetter 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 sipsetter 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 sipsetter 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 sipsetter in writing. The Terms of Service, along with the sipsetter Privacy Policy, comprises the entire agreement between you and sipsetter 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 sipsetter. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of sipsetter shall be null and void. These Terms of Service will inure to the benefit of sipsetter’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 sipsetter Service, or to any products or services sold or distributed by sipsetter 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 sipsetter c/o Legal Department 222 Sutter Street Suite 450 San Francisco CA 94108. 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, sipsetter 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 sipsetter 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 sipsetter.

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

The Terms of Service were updated December 2, 2020.

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