Terms of Service
Terms of Service
Welcome to the Internet sites of WinePassionate.com.
Please note that your use of the winepassionate.com 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 winepassionate.com site or any information or materials contained on the site. Your use of the winepassionate.com 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 winepassionate.com from time to time with or without notice to you. Your continued use of the winepassionate.com 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 WinePassionate.com Site:
* Intentionally or unintentionally violate any applicable law or regulation.
* Access, tamper with, or use nonpublic areas of the WinePassionate.com Site or WinePassionate.com server systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
* Frame or link to the WinePassionate.com Site except as permitted in writing by WinePassionate.com.
The Sale of Alcoholic Beverages
WinePassionate.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. WinePassionate.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from WinePassionate.com is over the age of 21. You also agree that any alcohol purchased from WinePassionate.com is intended for personal consumption and not for resale.
If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 WinePassionate.com will prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from WinePassionate.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, WinePassionate.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from WinePassionate.com, 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 WinePassionate.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of WinePassionate.com. WinePassionate.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WinePassionate.com site by anyone other than authorized WinePassionate.com employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, WinePassionate.com 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. WinePassionate.com does not sponsor or endorse any of these companies or their services.
Links
The WinePassionate.com site may contain links to other web sites or resources. You acknowledge and agree that WinePassionate.com 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 WinePassionate.com site does not imply that WinePassionate.com endorses the linked site.
Protection of Content Provided by WinePassionate.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the WinePassionate.com Site ("Site Content") are copyrighted materials owned by or licensed to WinePassionate.com.
The Site Content may contain trademarks, service marks and trade names which are owned by WinePassionate.com 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 WinePassionate.com, its affiliates, or third parties.
"WinePassionate.com" is a trademark of Ribevi Wine Internationals. Unless authorized in writing by an officer of WinePassionate.com, WinePassionate.com's trademarks may not be used in connection with any product or service that is not WinePassionate.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WinePassionate.com.
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 WinePassionate.com 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 WinePassionate.com Site. Nothing contained in the WinePassionate.com 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 WinePassionate.com, 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 WinePassionate.com, its affiliates, and/or any third party, as applicable.
Notices
WinePassionate.com will give you any necessary notices by posting them on the Site. You authorize WinePassionate.com to send notices via electronic mail as well if WinePassionate.com decides, in its sole discretion, to do so. You agree to check the WinePassionate.com 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 WinePassionate.com Site.
Disclaimer of Warranties
Although winepassionate.com endeavors to provide current, accurate and reliable information on the winepassionate.com site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the winepassionate.com site. Winepassionate.com does not warrant that your use of the winepassionate.com site, or the operation or function of the winepassionate.com 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 winepassionate.com 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. Winepassionate.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the winepassionate.com site. The winepassionate.com 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 winepassionate.com 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 winepassionate.com site, the use or performance of the winepassionate.com site, the delay or inability to use the winepassionate.com site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the winepassionate.com site, or otherwise arising out of the use of the winepassionate.com site, whether based on contract, tort, negligence, strict liability or otherwise, even if winepassionate.com or any of its suppliers has been advised of the possibility of damages.
If you are dissatisfied with any portion of the winepassionate.com site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the winepassionate.com site. This sole and exclusive remedy is separate and independent of any other provision that limits winepassionate.com's liability or your remedies.
Privacy Policy
Your use of the WinePassionate.com Site is governed by the WinePassionate.com Privact Info.
Termination of your WinePassionate.com Account
WinePassionate.com may terminate your WinePassionate.com Account with or without cause at any time effective immediately.
No Responsibility to Sell Mispriced Products or Services
WinePassionate.com 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. WinePassionate.com 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, WinePassionate.com shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
Winepassionate.com 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
WinePassionate.com shall be excused from performance under this Terms of Service if WinePassionate.com 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 WinePassionate.com.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from WinePassionate.com, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that WinePassionate.com 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 WinePassionate.com 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 WinePassionate.com 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 WinePassionate.com in writing.
The Terms of Service, along with the WinePassionate.com Privacy Policy, comprises the entire agreement between you and WinePassionate.com 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 WinePassionate.com.
Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of WinePassionate.com shall be null and void. These Terms of Service will inure to the benefit of WinePassionate.com'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.
California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Diego County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
>> The Terms of Service were updated November 24th, 2011.