Effective Date: March 1, 2008
Last Updated: July 17, 2013
Clark Circle Liquors Lounge, Inc. (the “Company”), offers the Use (as defined below) of www.wineanthology.com (“Website”), subject to the following terms and conditions (“Terms and Conditions”). The viewer or user (collectively, the “User”) should read these Terms and Conditions carefully before using the Website. By continuing to view and use the Website, the User agrees to these Terms and Conditions. Furthermore, by becoming a Registered User (as defined below), these Terms and Conditions are further affirmed. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the Website, the User must not use it. The Company retains the right to change the content of the Website or these Terms and Conditions at any time. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User’s continued Use (as defined below) of the Website constitutes acceptance of those changes.
Further, the User hereby agrees that his utilization of any product or service of the Company, including, without limitation, a transaction relating to the purchase of any alcoholic beverage (referred to herein as the “Products”), shall also be subject to the terms and conditions set forth below, as applicable, whether or not the sale is made through the Website
The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Company to the User to Use, as such term is defined below, the Website according to the Terms and Conditions. By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), the User accepts that offer and creates a binding contract between the two parties to adhere to the same. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon them. Further, by his Use of the Website, the User makes the material representation upon which he wishes the Company to rely that he will adhere to the Terms and Conditions in connection with the User’s Use of the Website. If the User is dissatisfied with any of the Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the Website. Finally, by his Use of the Website, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
The Website contains images and contents, including but not limited to images, photographs, website text, software, pictures, graphics, videos, data, messages or any and all other information controlled by the Website (collectively, “Materials”).
General Disclaimer. Nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Company of any sort to be relied upon by the User in any manner whatsoever. The Company takes no responsibility for information sent to it intercepted by third-parties.
As further set forth herein, the Company takes no responsibility for the information contained on any website to which this one may be linked, as the same is completely independent of the Website.
Moreover, this Website utilizes an independent, third party service provider for the processing of payments, as is made available through the Website (“Payment Processor”). Currently, the Payment Processor is Authorize.net and Heartland Payment. The User will be responsible for reviewing the terms and conditions of the User’s agreement with the Payment Processor, which will include, but not be limited to, the way the Payment Processor collects information, the manner in which they process payments and the duties and obligations that the User has with the Payment Processor.
If the User believes that he has been mistakenly billed, the User has the duty and obligation to notify the Payment Processor immediately of such error. The User must review the Payment Processor’s policy with regard to their notice requirements. The User releases this Website and the Company from all liabilities and claims of loss resulting from any error or discrepancy in billing.
Any complaints or disputed sales shall strictly be handled through the Payment Processor’s complaint procedures. Without limitation, User acknowledges and agrees that Company has no obligation in this regard, and need not intercede in any such transaction on a User’s behalf. Moreover, User specifically releases and waives any claim against the Company arising out of or otherwise related (whether directly or indirectly) to a dispute between User and the Payment Processor.
Inaccuracy Disclaimer. The parties acknowledge the possibility of errors within the content of this Website, including, but not limited to, typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. The Company reserves the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update information on the Website, at any time and without prior notice to the Website. Moreover, and without limitation, Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and the User’s credit card charged.
Registered User Account. Certain Users may elect to create an account with the Website, whereby they become registered users (“Registered Users”). A Registered User may provide the Company with certain information including, without limitation: name, username, email and password (collectively, the “User Account”). Each Registered User is responsible for maintaining the confidentiality of the User Account information. A Registered User shall be responsible for all uses of the User Account on the Website, whether or not authorized by the Registered User. Notwithstanding the foregoing, the Registered User shall immediately notify the Company of any unauthorized use of a User Account. Moreover, if any User that is not a Registered User learns of any unauthorized use of a User Account, such User shall immediately notify the Company thereof. A Registered User may cancel his User Account by sending an email to email@example.com. That email shall have in its subject line “Request to Terminate User Account.” Notwithstanding the foregoing, and as previously set forth, Company can cancel a User Account at any time, and without prior notice to the Registered User. All references herein to Users, shall incorporate those Users that are Registered Users, unless specifically stated otherwise.
Legal Age Requirement. The Company does not sell alcohol to persons under the age of 21. By using the Website, User acknowledges and agrees that he is at least 21 years old. Although the Company shall make commercially reasonable efforts to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21, by using the Website, User makes the material representation and warranty upon which it seeks the Company to reasonably rely that the person receiving shipment of alcoholic beverages from the Company is also at least 21 years old. User further agrees that any alcohol purchased from the Website is intended for personal, non-commercial use only and not for re-sale. In the event User intentionally or unintentionally misrepresents his age in order to purchase alcohol and/or provide alcohol to a person less than 21 years of age, the Company may prosecute User fully to the extent allowable by law. User acknowledges that IN MANY STATES FALSIFYING THIS INFORMATION IS A CRIME.
Prohibited by Law. In the event that any aspect of the Website or these Terms and Conditions is prohibited by law in User’s jurisdiction, including without limitation, the sale or alcohol beverages directly to consumers via the Internet, User agrees not to Use the Website. It is solely User’s responsibility to determine whether it is allowed by law to utilize the Website. Without limitation, the User releases Company from all liability that could arise from User’s prohibited participation in the Website or acceptance of these Terms and Conditions. Moreover, and without limiting the indemnification otherwise provided herein, User shall indemnify, defend and hold Company and all Company Parties (as defined herein) harmless for any and all damages relating to a violation of this paragraph.
Access to Website - Limited License. The Website and the content provided therein, including without limitation, the Materials and other text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company. Notwithstanding the foregoing, the Company grants the User a limited non-exclusive license to make personal, non-commercial use of the Website and not to download (other than page caching) or modify any portion of the Website without the Company’s prior written approval. The User is also granted a limited license to print copies of any Materials posted on the Website, but only for the User’s personal, non-commercial use. Except as expressly provided, all rights are reserved. The Company may terminate this license at any time by amendment of these Terms and Conditions.
Moreover, and notwithstanding the foregoing, if User exercises his rights under the above-referenced license, it must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. User shall not, under any circumstances, alter, obscure or obliterate any of such notices. The use of such Materials or any portion of the Website on any other website or in any environment of networked computers is strictly prohibited without the Company’s advance written consent, which may be withheld in Company’s sole discretion.
User Conduct. By utilizing the Website, the User makes the material representation upon which the User wishes the Company to reasonably rely, that he will comply with the code of conduct set forth below:
(a) The User, when utilizing the Website, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating the Company’s Intellectual Property, as defined below, or that of another;
(b) The User will not utilize the Website in a manner that is harmful to the Company or any other person or entity;
(c) The User will not utilize any information that the User gained as a result of using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
(d) The User shall not utilize any of the Company’s trademarks as metatags on other websites;
(e) The User shall not use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner;
(f) The User shall not access the Website more than ten (10) times a day;
(g) The User will not restrict any other user from properly using the Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
(h) The User will not imply that any of his statements are endorsed by the Company, or that User is otherwise associated with the Company in any manner;
(i) The User shall not buy, sell, share or otherwise disseminate any User’s username, password or other personal information;
(j) The User will not use the Website if the User is under the age of 21;
(k) The User will not use the Website to have any alcoholic beverages shipped to a person under the age of 21;
(l) The User will not use the Website if the User is not able to form legally binding contracts or if the User is temporarily or indefinitely suspended from the Website;
(m) The User will not use the Website if any aspect of the Website is prohibited by law in User’s jurisdiction, including without limitation, direct to consumer sales of alcoholic beverages;
(n) The User will not transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable;
(o) The User will not transmit any material, non-public information about any person or entity without the proper authorization to do so;
(p) The User will not transmit any advertisements, solicitations or any unsolicited communication without the Company’s express permission to do so;
(q) The User will not cover or obscure any advertisements located within the Website;
(r) The User will not post to the content located on the Website or otherwise provide the Company with any incomplete, false or inaccurate information or information which does not belong to the User;
(s) The User will not revise, modify, reverse engineer or in any way alter any portion of the Website or its contents or underlying technology;
(t) The User will not “frame” or “mirror” any part of the Website;
(u) The User will not utilize any device to enable him to circumvent the structure of the Website and/or spam or flood the site;
(v) The User will not collect any information about other users to the Website without the Company’s express permission to do so;
(w) The User shall not deliver, or provide links to any postings without the prior written permission of the Company, including, without limitation, to any materials which are deemed, in the Company’s sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
(x) The User will not sell or otherwise transfer his User Account;
(y) The User shall not impersonate any other person and/or falsely state or otherwise misrepresent that he has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud the Company, another User or any other party; and
(z) The User will not create a database utilizing any information found within the Website.
Sales. The product and pricing information contained on the website is subject to change at the Company’s sole discretion. The listing of Products for sale, and applicable pricing is subject to availability.
Pricing. All prices displayed on the Website are quoted in U.S. Dollars, are valid and effective only in the United States and are subject to change. Any prices listed herein shall be solely for purchases made through the Website. Inadvertent errors in advertised prices are not binding on the Company and may be adjusted by the Company at any time in Company’s sole discretion. Additionally, prices may vary in stores and/or when sold through other sources. Neither the Website nor the Company offers any price adjustments based on different sale prices on products offered through different sale modalities. Moreover, any sales tax on products purchased shall be collected through the Payment Processor as necessary.
Product Specifications / Availability. The Company hereby reserves the right to change and/or discontinue product specifications and prices without prior notice. Products are only available while supplies last.
Order Acceptance / Confirmation. User expressly acknowledges and agrees that receipt of an electronic order form, or other form of order does not signify Company’s acceptance of an order, nor does it constitute confirmation of Company’s offer to sell to User. The Company reserves the right at any time after receipt of User’s order to accept or decline the order for any or no reason, in its sole discretion.
Order Limitations / Limited Quantities. The Company may, in its own discretion, limit or cancel quantities purchased per person, per household and/or per order. These restrictions may include, but are not limited to, orders placed in excess of those allowed by law in User’s jurisdiction, by the same Registered User Account, the same credit card and/or orders that use the same billing and/or shipping address.
Shipping. User shall be charged for all shipping costs in connection with User’s order. All orders placed through use of the Website are subject to product availability and will be shipped according to the Company’s shipping policies. All shipments of orders are FOB Company’s offices in Clark, New Jersey.
User must be 21 years of age or older to purchase Products from the Company. All packages sent out by the Company REQUIRE a signature upon delivery. If no one is available to receive the package, a subsequent attempt to deliver will be made. It is highly recommended that User provide us with a business shipping address for best service. If subsequent attempts are unsuccessful, the order will be returned to the Company. An additional fee will apply to reship undeliverable packages.
Moreover, the Company shall not be responsible for any Products which have been damaged due to temperature-related conditions. In the event User determines, that his current weather conditions are unsuitable for the shipment of his order, his sole remedy is to notify the Company, in writing, of such temperature-related conditions. Upon Company’s receipt of notification, and in the event the Company has not already shipped User’s order, the Company acknowledges and agrees to delay shipment and hold User’s order. User shall then be responsible to notify the Company, in writing, once the weather in his area has changed and therefore request the shipment to be made. In no event shall the Company hold on to a purchased order for longer than thirty (30) days from the purchase date. In the event the Company does not receive notification from User within this time-period, Company will automatically ship the Products upon the expiration of the thirtieth (30th) day.
Notwithstanding the foregoing, in the event that a User’s order does not arrive, User must notify the Company, in writing, of non-delivery within sixty (60) days of User’s receipt of the shipping confirmation email. Failure to provide written notice within that time shall waive any and all claims, including without limitation, claims for any reimbursement of shipping costs and purchase price.
Refunds and Returns. It is rare to receive a defective product from Wine Anthology. However, if this does occur we will issue a store credit, a replacement item or a refund in the amount of the purchase price excluding tax, shipping and handling, at our discretion. We must be notified within 30 days of the purchase date. All bottles must be ¾ way full with the original content. If ordered more than one bottle of the same products other bottles must be full and closed.
DISSATISFACTION WITH MERCHANDISE
If you are dissatisfied for any reason with your purchase please let us know. We do our best to keep our customers happy. At our discretion we may offer a refund, a discount, or a replacement of the item in question. Refunds are for purchase price excluding tax, shipping and handling. We must be notified within 30 days of the purchase date.
Abuse of the Website. If, in the Company’s sole discretion, it determines that a User is creating potential liabilities, or acting inconsistently with these Terms and Conditions, the Company may, without limitation, limit, suspend or terminate the Registered User’s User Account, prohibit access to the Website, remove hosted User Content (as defined below), and take technical and legal steps to keep User off the Website. Company reserves the right to investigate and take appropriate legal action against any violation of these Terms
and Conditions. All Users agree to cooperate in this investigation regardless of whether it is related to User Content (as defined below) posted by him or relating to another, unrelated User.
The User hereby makes the material representation upon which it wishes the Company to rely that: (i) he is at least 21 years of age; (ii) he is not a resident of California (iii) he is authorized to make a purchase; and (iv) he is bound to that sale and the Company’s applicable cancellation policies, if any. Further, User covenants and agrees to: (v) provide certain information to the Company with regard to his age, mailing address and billing address, including, without limitation, personally identifiable information; (vi) accurately and fully provide any such information; and (vii) provide payment in good and sufficient funds. Verification as to the accuracy of the information provided may be required prior to The Company’s acceptance of any such purchase order. The User acknowledges that submission of a purchase order does not, in and of itself, entitle User to the Products. The User acknowledges that purchase of the Company’s Products and services may be subject to additional terms and conditions set forth by the company.
Copyrights; Restrictions On Use. The Materials on the Website are copyrighted by the Company, its affiliates or its licensors under United States and international copyright laws, is subject to other Intellectual Property and proprietary rights and laws, and is owned by the Company, its affiliates or its licensors. The Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of the Company and its applicable licensors, with the sole exception that User may print copies of the Materials for User’s personal, noncommercial use. User must abide by all copyright notices, information or restrictions contained in or attached to any Material. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website or to use of the Website, including, without limitation, any of the Materials or access to the Website, except as it directly relates to the User Content (as defined below).
Notwithstanding the foregoing, Company does not claim any ownership rights in the text, images, photos or other materials (“User Content”) that are posted by Users. Rather, all such rights shall be retained by the User. However, by submitting suggestions, ideas, comments or questions, or displaying, posting or publishing any User Content on the Website, User is expressly granting the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable, limited license to modify, use, adapt, translate, create derivative works from, publicly perform, publicly display, republish, reproduce and distribute the User Content in any form, media or technology. Moreover, as otherwise set forth herein, User represents and warrants that it has all right and title in and to the User Content, and that no aspect of the User Content, or the posting thereof, shall violate the rights of any third party. This shall include, without limitation, copyrights, contract rights, trademark rights, rights of privacy, rights of publicity or any other rights of any third party. Without limitation, Company takes no responsibility and assumes no liability for any User Content.
Copyright Infringement. It is the policy of the Company to respond expeditiously to claims of copyright infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. The Company may elect to terminate access for Users who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
User covenants and agrees to provide the Company with any information that User has regarding potential copyright infringement of any of the Materials. The sole and exclusive protocol for notifying Company that its copyrighted work has been infringed upon is to provide written notice to Company in accordance with the Notices provision hereunder. That notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of where the alleged infringing work is located on the Website; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, or otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. Such information should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the addresses set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.”
Trademarks. “Clark Circle Liquors Lounge,” “Wine Anthology” and variations thereof, as well as certain other of the names, logos and materials displayed in the Website constitute trademarks, tradenames, service marks or logos ("Marks") of the Company or other related entities. User is not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
Communications. Any communications, including, without limitation, emails, pictures, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Company or any of its officers, employees or agents and any postings to the Website shall become the Company’s property upon the transmission of the same. User grants the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
Notices. All notices or other communications to the Company, if any, that are to be given under these Terms and Conditions must be in writing, which shall be given by delivery to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to the Company shall be deemed given only upon receipt. Notices to the Company may also be given by electronic mail, provided that it is followed by an exact copy by either regular mail, personal delivery, certified mail, return receipt requested or two-day mail or overnight mail by a commercial carrier to the same addresses set forth above. Notices to the Company may also be given by electronic mail, provided that it is followed by an exact copy by either regular mail, personal delivery, certified mail, return receipt requested or two-day mail or overnight mail by a commercial carrier to the same addresses set forth above. Such notice shall be deemed effective 24 hours after the message was sent, if no “system error” message or other notice of non-delivery is generated. Notices to the Company shall be addressed as set forth below unless it changes the address in writing by updating these Terms and Conditions. The address for giving notice to the Company is as follows:
Clark Circle Liquors Lounge, Inc.
77 Central Avenue
Clark, New Jersey 07066
Notices to User shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with the User. Notice shall be deemed effective in the same manner as described above for the Company.
Indemnification. The User agrees to indemnify, hold harmless and defend the Company, its affiliates, and any members, directors, officers, employees or agents (collectively, “Company Parties”) of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses, arising from any third-party claim relating to (a) User’s infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, trademarks, service marks, trade names or similar proprietary rights; (b) any failure by the User to comply with these Terms and Conditions, specifically including the “User Conduct” as set forth above; (c) the User’s Use of the Website; (d) User’s defamation, libel, slander or other tortuous act against a third party; (e) a breach of any guarantees, covenants and/or warranties provided by one User to another User; and/or (f) any act or omission or willful misconduct on the part of the User that results in a claim for breach of any representations, warranties or covenants made herein against any of the Company Parties.
Attorneys’ Fees. If Company or any of the Company Parties undertake any action to enforce these Terms and Conditions, such party will be entitled to recover from the User, and User hereby agrees to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which such party may be entitled. In such event, the Company shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
Member Disputes. User is solely responsible for his interactions with other Users. Company reserves the right, but shall have no obligation, to monitor or otherwise involve itself in any disputes among Users.
Protection of Children. No one under the age of twenty-one (21) is permitted to Use the Website. If the User is a parent and believes the Company may have inadvertently collected such information from User’s child, please notify the Company immediately by sending an email to firstname.lastname@example.org. Moreover, Users should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist the User in limiting access to material that it considers to be harmful to minors. For convenience sake only, the examples of some such protections are listed below. However, as otherwise set forth herein, the Company does not accept any liability for the products and services provided by any third parties. Nor does the following listing constitute, in any way, an endorsement of these products by the Company. Rather, it is being provided only as an example and for the User’s convenience.
• Net Nanny – available at http://www.netnanny.com
• SafeEyes – available at http://www.internetsafety.com/safe-eyes
• Crawler Parental Control – available at http://www.crawlerparental.com
DISCLAIMER. User explicitly agrees that Use of the Website or any of the Materials contained herein or the products and services offered through the Website is at his own and sole risk. The Website and all Materials contained therein, and the Products, are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither the Website nor the Company makes any representations or warranties that the Website or any Materials contained herein will be uninterrupted, timely, secure or error free; nor does the Website make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the Materials contained herein. The User also understands and agrees that any material and/or data downloaded or otherwise obtained through the Use of the Website or any of the Materials contained herein is done at his own discretion and risk and that the User will be solely responsible for any damage to his computer system or loss of data that results from the download of such material and/or data. The User understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Company makes no warranty regarding any use of confidential or private information that User may provide. The Company may change any of the Terms and Conditions and/or information found on the Website at any time without notice. The Company makes no commitment to update the information found on the Website. The Company makes no commitment to update the Materials. The warranties and representations set forth in these Terms and Conditions are the only warranties and representations with respect to these Terms and Conditions, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to the User.
Further, Company is not responsible for the conduct of other Users, whether online or offline. Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the use of the Website, from any User Content or the conduct of any other Users, whether online or offline. The User of the Website is “AS-IS” and the Company, as set forth above, expressly disclaims any and all warranties.
Limitation of Liability. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ITS ACCESS TO, USE OF OR BROWSING IN THE WEBSITE OR HIS DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY COMPANY, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website, or any Materials, Company’s liability shall in no event exceed, in the aggregate US$100.00. In its sole discretion, in addition to any other rights or remedies available to Company and without any liability whatsoever, Company at any time and without notice may terminate or restrict Users’ access to any component of the Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to the User.
Notwithstanding any termination of the User’s access to the Website or any termination of a User Account, User acknowledges and agrees that the representations and obligations of the User hereunder shall survive and continue in perpetuity.
Release. BY UTILIZING THE WEBSITE, USER HEREBY RELEASES, REMISES AND FOREVER DISCHARGES AND GIVES UP ANY AND ALL CLAIMS AND RIGHTS WHICH IT MAY HAVE AGAINST THE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE WEBSITE AND SERVICES RELATED THERETO. USER FURTHER WAIVES, RELEASES AND GIVES UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (A) THE COMMON LAW; (B) ANY OF THE PARTIES POLICIES, PRACTICES OR PROCEDURES; AND/OR (C) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS.
Successors and Assigns. Whenever the term “the Company” is used in connection with these Terms and Conditions, and in accordance with the other modes and methods set forth in the other webpages of the Website regarding its use in regard to a right, protection or benefit, it shall be construed to encompass the Company, its related entities, successors, assigns, directors, officers, employees and agents. Further, the term “User” used in connection with these Terms and Conditions shall include his/her/its related entities, successors, assigns, directors, officers, employees and agents.
Authorized Permission for Use. The User shall be considered an entity if the individual accessing the Website is doing so on behalf of an entity or is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity. If the User is an entity, the person using the Website on its behalf hereby makes the material representation upon which he wishes the Company to rely that he is authorized to bind that entity to the Terms and Conditions set forth above, as well as any other obligations imposed or undertaken through Use of the Website. The Company reserves the right to terminate the User’s access to, and use of, whether as an individual or entity, the Website and any of its contents, including, without limitation, the Materials, or use of any of the Company’s services at its sole discretion and without any advance notice to the User.
Dispute Resolution. A party to these Terms and Conditions may not institute a suit at law or equity regarding any dispute, whether directly or indirectly related or collateral to these Terms and Conditions. All such claims or disputes, whether between or among the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association and its rules and guidelines shall apply, or its International Centre for Dispute Resolution, if applicable. Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. The arbitration proceedings shall be in English. The arbitrator shall have the authority to award any remedy or relief that a court of the State of New Jersey could order or grant. Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration is final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.
Jurisdiction. The User utilizing the Website agrees that the laws of the State of New Jersey shall govern these terms and conditions and any dispute, controversy or claim directly or indirectly related to such Use. Further, the User consents to the jurisdiction of the Superior Court of the State of New Jersey or, if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the District of New Jersey, Newark Vicinage, to seek injunctive relief, compel an arbitration and/or enforce an arbitrator’s award. Any arbitration shall be conducted in Union County, New Jersey. Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User’s current or future electronic mail addresses; (b) ordinary mail or ordinary or two-day mail by a commercial carrier, in the event a regular mailing address has been provided by the party upon which service is being effected or is otherwise determined by the serving party; or (c) otherwise in accordance with the laws and procedures of the State of New Jersey. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of the Website or any services or goods offered or sold by the Company must be filed within one (1) year after such claim or cause of action arose or be forever barred and therefore the statute of limitations is limited to one (1) year.
Further Assurances. The User covenants and agrees to perform further all acts and execute all supplementary instruments or documents which may be requested by the Company to carry out the provisions and effectuate the intent of these Terms and Conditions.
Assignment. Company may freely assign its rights and obligations in and to these Terms and Conditions. The User acknowledges that it may not assign, transfer or sell its rights under these Terms and Conditions without Company’s express written consent, which may be unreasonably withheld. Any purported assignment without Company’s consent shall be deemed null and void.
Severability. If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms and Conditions as possible.
Links to Other Sites. The User acknowledges and agrees that the Company has no responsibility for the accuracy or availability of information provided by websites to which a User may link from the Website (“Linked Sites”). Links to Linked Sites are provided as a convenience to the User, and does not constitute an endorsement by or association with the Company of such sites or the content, products, advertising or other materials presented on such sites. The Company does not author, edit or monitor these Linked Sites. User acknowledges and agrees that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. If User accesses a Linked Site, it does so at his own risk.
No Third Party Beneficiaries. These Terms and Conditions are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms and Conditions or otherwise set forth in the Website, except as may be specifically provided herein. These Terms and Conditions shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of these Terms and Conditions, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.
International Use. In light of the international scope of the Internet, User agrees to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that it shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside.
Pre-Sale and Unclaimed Orders:
Pre-Sale orders will be stored for 12 months after the date of arrival. After 12 months pre-sale orders will be voided and no refund will be issued. Unclaimed orders will also be voided after 12 months. No refund will be issued.
Customers have 30 days to contact us about an order not being delivered or shipped. In the event that an order was not shipped or delivered properly within the time frame WineAnthology.com will issue a refund.
Signature proof cannot be provided 6 months after the ship date. FedEx regulations allow for tracking numbers to be reused.
By his Use of the Website, the User represents that he has had the opportunity to review these Terms and Conditions with counsel of the User’s choosing, if the User wished to do so. The User further acknowledges that he has thoroughly read these Terms and Conditions; understands that he is giving up certain legal rights that may otherwise exist; has asked any questions he desires to clarify its meaning; and believes it is in his interest to nevertheless proceed with to utilize the Website.
Wine Points Rewards Program:
The Wine Points Rewards Program is effective on all orders placed on or after June 1, 2010. Orders placed before this date are ineligible for Wine Points. Customers will earn back one percent of the subtotal of their order(s) in the form of Wine Points credit codes, which are given in $5, $10, and $20 denominations only. One credit code allowed per order. Subject to the conditions of any other offer.