TERMS AND CONDITIONS

 

INTRODUCTION

Welcome to No Quarter, owned and operated by No Quarter, LLC. (collectively, “we”, “our”, “us”, “Club” or “No Quarter”). This website, www.ClubNoQuarter.com, is owned and operated by No Quarter, LLC. It, any individual websites we have now or may have in the future, and any links contained within or otherwise available through external hyperlinks within this website shall collectively be referred to as our "Site." By using our Site and any services offered on our Site, you agree to these Terms & Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. If you do not agree to these Terms & Conditions, you are not authorized to use this site.

NO QUARTER SERVICES

No Quarter does not sell any of the goods and/or services listed on our Site. Rather, our Site is simply a platform on which you may purchase items directly from participating wineries. No Quarter never takes legal title of any items listed on our Site, and thus, legal title to the item(s) transfers directly from winery to you on any purchase you make on via links from our Site.

RELIANCE ON PARTICIPATING WINERIES

Because the wineries featured on our Site are responsible for all aspects concerning the sale of their items, No Quarter cannot make any guarantees regarding any aspect of the item(s) you purchase on our Site, including but not limited to the quality and/or delivery thereof.

NO QUARTER RECOMMENDATIONS

No Quarter may, from time to time, provide various types of item recommendations on our Site. Such recommendations are based solely upon the opinions of our experts and participating wineries. Users are under no obligation to purchase any of the items recommended on our Site.

WEBSITE CONTENT

Where indicated, our website contains information and reviews from third parties, including but not limited to information from wineries, magazines, and other websites to provide you with as much information as possible about the wines we recommend.  However, we are not responsible for and do not warrant the accuracy of the content, opinions, reviews or actions of third parties, and you agree to release and hold harmless No Quarter and its Retailers, and each of their parents, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any third-party content or any claim you have against any such third parties.

LINKS TO OTHER WEBSITES

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). These websites are maintained by third parties so we have no responsibility for the content of the linked website(s). No Quarter does not make nor do we endorse, any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Access to such websites is undertaken at your own risk.

INFORMATION SECURITY

No Quarter does not, and cannot control the security of the internet and other networks users might use to access our Site or communicate with us. As such, we cannot be, and are not, responsible for the security of information that you communicate to No Quarter while it is being transmitted; nor is No Quarter responsible for any data lost during transmission of your information.

PROPRIETARY RIGHTS

The Club name, logo, or website shall not be used for any advertising purpose or for business or public use by any member. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, modify or create derivative works from any No Quarter materials without prior written approval from us.

RULES AND REGULATIONS

All Members must agree to the following:

  1. In order to access Services, Members are required to provide information such as identification and contact details as part of the registration process for Club membership. You agree that any registration information you provide is accurate and up to date.

  2. Any logins and passwords provided by No Quarter are solely for No Quarter and their members, and should be confidential at all times. You are responsible for the security of your login and password and will be solely liable for any unauthorized use.

  3. You represent and warrant that any alcohol from No Quarter will be used solely for personal consumption and not for resale, or for any unlawful purpose.

TERMINATION OF MEMBERSHIP BY NO QUARTER

We have the right to terminate your membership at any time for (a) non-payment of dues, (b) violation of these Terms and Conditions, (c) for conduct prejudicial to the interests of the Club or (d) for reasons of our sole discretion. The Member shall be notified in person or in writing via email or mail to the member’s last known address. Our decision for termination shall be final and binding.

TERMINATION OF MEMBERSHIP BY MEMBER

Any Member who wishes to terminate their membership must do so in writing to info@ClubNoQuarter.com. From the date of your termination of membership, you will forfeit all payments to No Quarter and are not entitled to a refund for any portion of paid dues. The foregoing forfeit of dues shall survive the termination or expiration of these Terms and Conditions.

DISPUTES

If any dispute arises between you and No Quarter, you will contact No Quarter first and resolve the issue directly. You agree that you will notify us about any dispute you have with No Quarter by contacting us at info@ClubNoQuarter.com.

LIMITATION OF LIABILITY

You assume full responsibility for yourself and your guests and you shall indemnify us, our affiliates, employees, suppliers, or third parties providing information of our service against any and all liability and claims of liability caused in whole or part by you or your guests. You hereby execute and deliver the waivers and releases contained in these Terms and Conditions.

  1. LIMITATION OF DAMAGES. In no event will the Club, our affiliates, employees, suppliers, or third parties providing information of our service be liable to you under this Agreement or otherwise, for any injury to you or damage to your property which involves members, guests, employees, or other persons at Club events.

  2. EXCLUSION OF CERTAIN DAMAGES. The Club is not liable to you for indirect, special, incidental or consequential damages of any nature, even if you have advised us of the possibility of such damages.

GENERAL PROVISIONS

The parties to this Agreement agree as follows: (a) this Agreement constitutes the entire and exclusive agreement between the parties, supersedes any prior agreements or understandings, and may only be modified in writing; (b) our failure or delay to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision; (c) if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law; (d) you consent to the exclusive jurisdiction of and venue in the state and federal courts for San Francisco, California, in connection with any suit or action relating to this Agreement, and agree that the validity and interpretation of this Agreement shall be governed by the laws of the State of California, without giving effect to choice of law provisions, or applicable federal laws of the United States; and (e) headings and captions contained in this Agreement are for convenience of reference only and shall not be considered in the interpretation or construction thereof.

CHANGES TO TERMS & CONDITIONS

No Quarter reserves the right to modify these Terms & Conditions at any time. Users of our Site should periodically review this page for any changes. Changes to these Terms & Conditions will become effective upon their posting on the Site. Such modifications will not affect purchases made prior to the modifications becoming effective. No Quarter also reserves the right to change or discontinue any aspect or feature of our services or our Site including, but not limited to requirements for access to or use of our Site and/or service.