BY VISITING UNDERGROUND TONIC, LLC’s WEBSITE YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website. Also, here are links to our Shipping Policy, Refund Policy, & our Privacy Policy.
This website is provided by Underground Tonic, LLC. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, will you be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.
THIS WEBSITE IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE.
Account Terms
By registering with the Website, you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
Acceptable Use
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password.
Modification of these Terms & Conditions:
Underground Tonic, LLC reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
Payment
You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge your credit card for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card for payment of all fees.
Electronic Communications
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
Intellectual
Property, Software and Content
The intellectual property rights in all software and content including but not limited to: text, graphics, logos, images, audio clips, digital downloads, made available to you on or through this Website are the sole and exclusive property of Underground Tonic, LLC or its licensors and are protected by copyright and trademark laws around the world. All such rights are reserved by Underground Tonic, LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
License
Underground Tonic, LLC grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Underground Tonic, LLC. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Underground Tonic, LLC. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Underground Tonic, LLC authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNDERGROUND TONIC, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDERGROUND TONIC, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDERGROUND TONIC, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDERGROUND TONIC, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
UNDERGROUND TONIC, LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. UNDERGROUND TONIC, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, UNDERGROUND TONIC, LLC SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
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 MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
For your convenience, Underground Tonic, LLC may provide links to third party websites operated by other entities on the Website. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Underground Tonic, LLC does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Underground Tonic, LLC sponsors, endorses, is affiliated or associated with any linked third-party websites.
Indemnification
You agree to indemnify, defend and hold harmless Underground Tonic, LLC, its directors, officers, employees, consultants, agents, suppliers and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Other Provisions
Underground Tonic, LLC’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
Underground Tonic, LLC may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
