TERMS OF USE

TERMS OF USE

By using the Site, you agree to these terms of use. If you do not agree to these terms of use, please do not use the Site. We reserve the right to change these terms and any changes will be posted here.

No Unlawful or Prohibited Use

You must be 21 years of age or older, the legal drinking age in the United States, to use this Site. You agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

WINE CLUB TERMS

You must be 21 years of age or older.    

You will receive 2 shipments per year of delicious Chronic Cellars Wine.    

Each shipment is a winemaker's choice and contains 6 bottles of wine. NO SUBSTITUTIONS will be allowed.  

You will recieve a 30% discount on each shipment and on all other orders of Chronic Cellars wines and labled merchandise.    

You understand that this is an ongoing membership. Cancellation is permitted only after accepting 2 shipments (2 shipments is equal to a year). Cancellations must be in writing and received 30 days prior to a shipment being charged.

You understand that someone, age 21 or older, must be at the "ship-to" address to sign for the package on the day of delivery (state law requirement). Packages will not be left at your door.  

You understand that the credit card on file will be charged prior to shipping.  

Will call shipments not picked up within 90 days will be shipped to the shipping address on file at your expense.    

You understand that shipping charges for returned and undelivered shipments will be at your expense.   

Restrictions on Use of Materials

The contents of the Site are the owned or licensed by Winery Exchange and are protected by U.S. and foreign intellectual property laws, including copyright and trademark. No material from the Site may be copied, reproduced, transmitted, or distributed in any way, except that you may download or reproduce one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices.

NO WARRANTIES

Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. WE ALSO MAKE NO WARRANTIES AS TO THE AVAILABILITY OR SECURITY OF THE SITE OR WHETHER THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES AND CONTENT PROVIDERS, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, THAT MATERIALS ON THE SITE, AND/OR ANY LINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES TO DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of these terms by you.

General

The Site is based in the United States in the State of California. We make no claim that the Site is appropriate outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. If any action is necessary to enforce these Terms of Use or our Privacy Policy, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Both parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to JAMS. All arbitration proceedings shall be conducted in San Francisco, California. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration.

Links to Third Party Websites

Our Site may contain links to other websites. Such linked sites are not under our control, and Winery Exchange is not responsible for the contents of any linked site. Winery Exchange is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by or association with Winery Exchange.

Claims of Intellectual Property Infringement

If you believe that your copyright or other intellectual property rights have been violated by content posted on this Site, please contact us at chroniccellars@chroniccellars.com and provide the following information:

  • • A signature of a person authorized to act on behalf of the owner of the applicable copyright or other intellectual property right;
  • • Identification of the allegedly infringed copyrighted work or works;
  • • Identification of the allegedly infringing material and information reasonably sufficient to enable us to loclocate such material;
  • • Information reasonably sufficient to enable us to contact you (e.g. an address, telephone number, and email address);
  • • A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
  • • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

Enjoy Responsibly

Please enjoy our wines responsibly. We believe that wine should be consumed in moderation. Consumption of alcohol in excess poses the risk of detrimental social, health and legal consequences.

We are committed to marketing responsibly. Our marketing, promotions, and communications do not feature or target under age consumers and will not portray or encourage excessive consumption.

These Terms were last updated on October 31, 2014.

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