Terms & Conditions
PLEASE NOTE THAT YOUR USE OF THE THE WINE EXCHANGE 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 THE WINE EXCHANGE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINE EXCHANGE 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 THE WINE EXCHANGE TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WINE EXCHANGE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
If you would like your wine delivered to your home or business, you must be 21 years of age or older to purchase alcoholic beverages. Identification and signature required for delivery. All shipments containing alcoholic beverages are sent with an “Adult Signature Required “ label and you will need to be present to show proof of identification at the time of delivery. Individuals which appear to be intoxicated will not receive their delivery. The Wine Exchange will deliver only within the Tri-Cites area which include St Charles, Geneva and Batavia. If delivery is requested outside of the Tri-cities area, additional delivery charges may apply.
You agree not to do any of the following while using The Wine Exchange:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of The Wine Exchange Site or The Wine Exchange’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to The Wine Exchange except as permitted in writing by The Wine Exchange.
The compilation (meaning the collection, arrangement and assembly) of all content on www.thewineexchange.net is the exclusive property of The Wine Exchange, and is protected by U.S. and international copyright laws.
The Wine Exchange and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, (“Content”) of the Services are copyright 2004 – 2018 by The Wine Exchange. Unless otherwise explicitly stated by The Wine Exchange, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of The Wine Exchange.
Protection of Content Provided by The Wine Exchange and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the The Wine Exchange Site (“Site Content”) are copyrighted materials owned by or licensed to The Wine Exchange or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by The Wine Exchange 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 The Wine Exchange, its affiliates, or third parties. “The Wine Exchange” is a trademark of The Wine Exchange. Unless authorized in writing by an officer of The Wine Exchange, The Wine Exchange’s trademarks may not be used in connection with any product or service that is not The Wine Exchange’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Wine Exchange. 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 The Wine Exchange 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 The Wine Exchange. Nothing contained in the The Wine Exchange 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 The Wine Exchange, 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 The Wine Exchange, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
The Wine Exchange respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Wine Exchange’s Designated Agent the following information:
1. The Wine Exchange’s Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to The Wine Exchange’s designated agent as specified below. Please include the following information:
A signature of a person authorized
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Submit the information above to the following designated copyright agent: Bob.Sommer@outlook.com
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
Correspondence received and Communication
The Wine Exchange reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to The Wine Exchange may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and The Wine Exchange.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through The Wine Exchange any information that (i) restricts or inhibits any other user from using or enjoying The Wine Exchange, (ii) in The Wine Exchange’ discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Disclaimer; No Warranty
The Wine Exchange makes no representations or warranties as to the accuracy of the Content. The Wine Exchange is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify The Wine Exchange of the error or omission; however, The Wine Exchange does not warrant that such error or omission will be corrected. All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that The Wine Exchange has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.
ALTHOUGH THE WINE EXCHANGE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE THE WINE EXCHANGE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE THE WINE EXCHANGE SITE. THE WINE EXCHANGE DOES NOT WARRANT THAT YOUR USE OF THE THE WINE EXCHANGE SITE, OR THE OPERATION OR FUNCTION OF THE THE WINE EXCHANGE 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 WINE EXCHANGE 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. THE WINE EXCHANGE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE EXCHANGE SITE. THE WINE EXCHANGE 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 THE WINE EXCHANGE 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 WINE EXCHANGE SITE, THE USE OR PERFORMANCE OF THE WINE EXCHANGE SITE, THE DELAY OR INABILITY TO USE THE WINE EXCHANGE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINE EXCHANGE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINE EXCHANGE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WINE EXCHANGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINE EXCHANGE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINE EXCHANGE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE WINE EXCHANGE’S LIABILITY OR YOUR REMEDIES.
You agree to indemnify, defend, and hold harmless The Wine Exchange and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. The Wine Exchange reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of The wine Exchange.
The Wine Exchange shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. The Wine Exchange does not warrant that the Services will be uninterrupted, error free, or virus free; nor does The Wine Exchange make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an “as is, as available” basis. THE WINE EXCHANGE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of The Wine Exchange shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this The Wine Exchange Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of The Wine Exchange. The Wine Exchange neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this The Wine Exchange Site by anyone other than authorized The Wine Exchange employees acting in their official capacities.
The Wine Exchange Site may contain links to other web sites or resources. You acknowledge and agree that The Wine Exchange 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 The Wine Exchange Site does not imply that The Wine Exchange endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from The Wine Exchange and its sites do not constitute an endorsement by The Wine Exchange of any third party products or services.
The Wine Exchange may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. The Wine Exchange reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
The Wine Exchange shall be excused from performance under this Terms of Service if The Wine Exchange 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 The Wine Exchange.
The following provisions shall survive any termination of these Terms of Service: No Warranty from The Wine Exchange, Limitation of Liability, Indemnity and General Provisions.
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Wine Exchange. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
If you have any questions about these Terms of Service, please email us at email@example.com