TERMS AND CONDITIONS

Last updated: December 25th, 2024

We appreciate your presence on our website and hope you have a pleasant shopping experience. Before you proceed further, we would like to inform you about our terms and conditions. Please note that by using our website, whether or not you create an account or make a purchase, you are agreeing to our terms and conditions as well as our privacy policy.

Terms and conditions are crucial as they outline our expectations from each other and provide you with important information. If you have any further questions, our help page is available to assist you. Additionally, our dedicated customer care team is always ready to assist you, so please don't hesitate to reach out. We value your feedback and would love to hear from you.

These Terms and Conditions ("Terms") govern your use of the website ("Website") owned and operated by Maraschino LLC ("Company," "Maraschino Cherry Club," "we," "us," or "our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

1. Website Use

1.1 You must be at least 18 years old to use this Website. By accessing and using the Website, you represent that you are at least 18 years old or have the legal capacity to enter into these Terms.
1.2 You agree to use the Website for lawful purposes only and not engage in any activities that may harm the Website, interfere with its functionality, or infringe upon the rights of others.
1.3 You acknowledge that the content on the Website, including but not limited to text, images, graphics, logos, and trademarks, is owned by or licensed to the Company and protected by intellectual property laws. You may not use, reproduce, modify, distribute, or display any content from the Website without prior written permission from the Company.

2. Account Creation and Security

2.1 In order to access certain features or services on the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and agree to provide accurate and up-to-date information during the registration process.
2.2 You are solely responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify the Company immediately.
2.3 The Company reserves the right to suspend or terminate your account, restrict access to the Website, or remove content without prior notice, at its sole discretion.
2.4 The Website, including its shop and other functionalities, utilizes the Shopify platform as a third-party service provider for account management, payment processing, and related operations. By relying on Shopify's services, we place trust in their integrity and security measures. In the event of any breach or negligence on the part of Shopify, their responsibilities and liabilities shall be governed by the terms and conditions of our agreement with them. It is important to note that while you, as the customer, are responsible for your own account, we acknowledge our responsibility in choosing a reputable service provider. However, our liability shall be limited as per the terms and conditions of our agreement with Shopify, and we shall not be held accountable for any actions, breaches, or issues arising from Shopify's services.

3. Product Information and Pricing

3.1 The Company strives to provide accurate and up-to-date information about its products, including descriptions, pricing, and availability. However, errors or inaccuracies may occur, and the Company does not guarantee the completeness or accuracy of the information provided on the Website.
3.2 The Company reserves the right to modify or update product information, pricing, or availability without prior notice. Such changes will not affect orders already placed by customers.

4. Ordering and Payment

4.1 By placing an order through the Website, you agree to provide accurate and complete information necessary for the processing and delivery of your order. We rely on the Shopify platform for security, ensuring the protection of your personal information.
4.2 The Company reserves the right to accept or decline any order at its sole discretion. In the event of order cancellation or non-acceptance, any payment made by you will be refunded in accordance with the Company's return policy.
4.3 Prices displayed on the Website are in the currency specified and do not include applicable taxes, shipping, or handling fees, unless otherwise stated.
4.4 Payment for orders placed on the Website can be made through the provided payment methods. The Company takes reasonable measures to ensure the security of online transactions through the Shopify platform, but does not guarantee the security of any information transmitted over the internet.
4.5 If you are dissatisfied with your order placed through the Website, you may have the option to cancel it by contacting us. Please note that the order may have already been fulfilled prior to receipt, acknowledgement, or processing of the cancellation request and it may not be possible to cancel or consider it for cancellation. Cancellation is at our discretion.

5. Shipping and Returns

5.1 The Company's shipping policy is outlined separately on the Website. Please refer to our shipping policy on the Website for more details regarding shipping methods, estimated delivery times, and any specific terms and conditions related to shipping.
5.2 The Company's return policy is outlined separately on the Website. Please refer to our return policy for information regarding product returns, exchanges, and refunds.

6. Disclaimer of Warranty and Limitation of Liability

6.1 The Website and its content are provided on an "as is" and "as available" basis without any warranties, express or implied. The Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 The Company does not guarantee that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. You acknowledge that your use of the Website is at your own risk, and the Company shall not be liable for any damages arising from your use or inability to use the Website.
6.3 In no event shall the Company or its affiliates, directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the Website, even if advised of the possibility of such damages.
6.4 Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you to the extent prohibited by law.

7. Links to Third-Party Websites

7.1 The Website may contain links to third-party websites that are not owned or controlled by the Company. These links are provided for your convenience only, and the Company does not endorse or assume any responsibility for the content, privacy practices, or terms of use of such third-party websites.
7.2 You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites.

8. Privacy

The Company respects your privacy and handles personal information in accordance with its privacy policy. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in the privacy policy.

9. Intellectual Property

9.1 The Company respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that any content on the Website infringes your intellectual property rights, please notify the Company in writing and provide the necessary information for the Company to investigate and take appropriate action.
9.2 The Client acknowledges and agrees that all intellectual property rights, including but not limited to trademarks, copyrights, patents, trade secrets, and any other proprietary rights, associated with the high ticket services provided by Maraschino Cherry Club shall remain the exclusive property of Maraschino Cherry Club.
9.3 The Client agrees not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the intellectual property owned by Maraschino Cherry Club, except as expressly authorized in writing by Maraschino Cherry Club.

10. Governing Law and Dispute Resolution

10.1 These Terms shall be governed by and construed in accordance with the laws of the state of California. Any dispute arising out of or in connection with these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in Orange County, California.
10.2 In the event of any dispute or claim arising from or relating to these Terms or the use of the Website, you and the Company agree to make reasonable efforts to resolve the dispute amicably through good-faith negotiations.
10.3 If the dispute cannot be resolved through negotiation, either party may initiate legal proceedings. Any legal action or proceeding arising out of or relating to these Terms or the use of the Website shall be brought exclusively in the courts located in Orange County, California.
10.4 Both parties hereby submit to the personal jurisdiction of the courts located in Orange County, California, for the purpose of resolving any dispute or claim arising out of or relating to these Terms or the use of the Website. You waive any objection to the laying of venue or to the convenience of the chosen forum.

11. Prohibited Use

You agree that you will not use the Website for any purpose that is prohibited by these Terms or violates applicable laws and regulations. Prohibited uses of the Website include, but are not limited to:
• Violating any applicable laws, regulations, or third-party rights.
• Engaging in any fraudulent, deceptive, or illegal activities.
• Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.    
• Collecting or storing personal information of other users without their consent.
• Interfering with or disrupting the operation of the Website or servers, networks, or systems connected to the Website.
• Introducing viruses, malware, or any other harmful or disruptive code.
• Attempting to gain unauthorized access to the Website, user accounts, or any other systems or networks associated with the Website.
• Using any automated means, including bots, spiders, or scrapers, to access or interact with the Website without prior written consent from the Company.
• Engaging in any activity that places an undue burden or strain on the infrastructure of the Website or its associated systems.

12. Modifications to Terms

The Company reserves the right to modify or update these Terms at any time, without prior notice. Any changes to these Terms will be posted on the Website, and your continued use of the Website after the posting of such changes constitutes your acceptance of the modified Terms.

13. Newsletter

13.1 Sign-Up and Consent to Communication: We offer a newsletter sign-up option where individuals may provide their email address to subscribe to our newsletter. By voluntarily submitting their email address for this purpose, users consent to receiving periodic newsletters and promotional materials from us.
13.2 Collection and Use of Information: We collect and store the email addresses provided during the newsletter sign-up process. The information collected will be used solely for the purpose of sending newsletters and relevant updates to subscribers. We may also use this information to communicate with subscribers regarding promotions, offers, or company updates.
13.3 Consent and Opt-Out: By signing up for our newsletter, users provide explicit consent to the collection and use of their email address for the stated purposes. Subscribers reserve the right to unsubscribe from our newsletter at any time by using the "unsubscribe" link provided in the email or by contacting us directly.
13.4 Your Access: The Terms apply to all users, including newsletter subscribers. Any specific terms and conditions related to the newsletter sign-up process are included here. By signing up for our newsletter, users acknowledge and agree to the terms outlined in this section and our privacy policy.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Website and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

16. Contact Us

If you have any questions, concerns, or need assistance, please contact our customer support team through our contact page. We value your feedback and strive to provide excellent customer service.