By using the CLUB 55 DEGREES (herein referred to as "CLUB 55 DEGREES") website or any of CLUB 55 DEGREES's services, you (the "Customer") thereby legally bind yourself to the terms and conditions of the CLUB 55 DEGREES User Agreement (the "Agreement") stated below. CLUB 55 DEGREES recommends that each Customer regularly review the User Agreement, as it is subject to change at any time.
Customer must completely read, agree with and accept all of the terms and conditions expressly stated in this User Agreement prior to registering as a CLUB 55 DEGREES customer.
Abusive exercise of a registration
Customer cannot share his access to CLUB 55 DEGREES services with any other potential customers. If CLUB 55 DEGREES has doubts about this particular practice or any similar practices, CLUB 55 DEGREES will immediately cancel the concerned subscription, prohibit any subsequent registration and consider the possibility to sue Customer for the financial losses he may have caused.
Liability
Release: Customer agrees to release CLUB 55 DEGREES from any liability, damage, injury or loss (monetary or otherwise), that Customer incurs as a result of his/her use of CLUB 55 DEGREES's website, services or products, except as expressly described herein. CLUB 55 DEGREES expressly disclaims any liability, damage, injury or loss (monetary or otherwise) that Customer incurs through his/her reliance upon the accuracy and completeness of the information within this website or the information attendant to or included in any of the services provided by CLUB 55 DEGREES.
Accuracy and Completeness: CLUB 55 DEGREES makes no representations or warranties with regard to the accuracy or completeness of the information contained within this website or within any of the services provided by CLUB 55 DEGREES.
Third Party Information: The CLUB 55 DEGREES website contains information from third-party sources, including wine reviews, valuations and commentaries, some of which sources have no formal affiliation with CLUB 55 DEGREES. CLUB 55 DEGREES makes no representations or warranties regarding the accuracy, completeness, fitness for use or intended purpose of any third-party information.
Investment Risk: All investments, along with their attendant risks, should be carefully considered by the investor. CLUB 55 DEGREES expressly disclaims any liability, damage, injury or loss (monetary or otherwise) that you incur through your reliance upon or use of this website, its information and CLUB 55 DEGREES services for investment purposes.
Systems, Hardware and Software: CLUB 55 DEGREES makes no representations or warranties as to the freedom of its information technology systems, hardware and software from viruses, code or other systems-, hardware- or software-related flaws that may harm customer's computer or compromise the quality or security of customer's use of the CLUB 55 DEGREES website or its services. Furthermore, CLUB 55 DEGREES makes no representations or warranties as to the availability of its website and disclaims all liability for any losses attributable to the website's lack of availability or reliability in this regard.
Suitability and Fitness: Customer acknowledges and agrees that Customer has made his or her own inquiries as to the suitability and fitness of CLUB 55 DEGREES for the purposes of providing the services described herein, and that Customer has not relied on any representations made by CLUB 55 DEGREES or its representatives other than those described in this Agreement.
Payment: Payment for each month of membership to CLUB 55 DEGREES services described above shall be due and payable to CLUB 55 DEGREES on the first day of each month for the coming month's membership services. Payment may be made to CLUB 55 DEGREES by customer via credit card, direct debit or personal check. CLUB 55 DEGREES reserves the right to validate and authorize credit, debit and checking accounts of Customer for all estimated charges prior to the actual provision of services.
Unpaid Balances: If Customer shall fail to pay when any service charge is due and payable hereunder, then interest at the rate of 1.5% per month shall accrue on such unpaid charge from and after the date on which such charge shall be due and payable, and such interest, together with a late charge of $25.00, shall be paid by Customer to CLUB 55 DEGREES at the time of payment of the delinquent sum. Payments received by CLUB 55 DEGREES may be applied first to late charges and/or the oldest services charges due, at CLUB 55 DEGREES's sole discretion. If Customer shall deliver a check to CLUB 55 DEGREES which is dishonored for any reason, Customer shall pay CLUB 55 DEGREES an additional charge of $50.00 for CLUB 55 DEGREES's expense in connection therewith, and all future payments hereunder by Customer shall be made by bank or cashier's check or money order. In the event that Customer shall fail to pay when due any charge due and payable hereunder, then CLUB 55 DEGREES may deny the Customer access to all services hereunder, until such indebtedness is fully cured.
Indemnity: Customer hereby indemnifies CLUB 55 DEGREES, its officers, directors, employees, agents and assigns against any claims, damages, costs, fines, penalties, liabilities, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against, CLUB 55 DEGREES, its officers, directors, employees, agents and assigns, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with the performance by CLUB 55 DEGREES of services pursuant to this Agreement and any amendment or modification thereto, except to the extent that such liability is direct result of CLUB 55 DEGREES's gross negligence or willful misconduct. The obligations of Customer under this paragraph are hereinafter collectively referred to as "Indemnity Obligations." The Indemnity Obligations shall survive, for a period of five (5) years, any termination of CLUB 55 DEGREES's services under this agreement and any amendment or modification thereto. Customer agrees to promptly tender any payments due to CLUB 55 DEGREES, its officers, directors, principals, associates, affiliates, employees, agents, and/or counsel, under or in respect of the Indemnity Obligations, within five (5) business days following written demand by CLUB 55 DEGREES, its officers, directors, employees, agents and assigns.