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Due to ongoing changes to the laws regulating the shipment of wine, we are currently only able to ship to business and residential addresses to the following states: ALASKA, ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, LOUISIANA, MARYLAND, MICHIGAN, MINNESOTA, MISSOURI, NEBRASKA, NEVADA, NEW HAMPSHIRE, NEW MEXICO, NEW YORK,NORTH CAROLINA, NORTH DAKOTA, OHIO, OREGON, SOUTH CAROLINA, TENNESSEE,TEXAS, VERMONT, VIRGINIA, WASHINGTON, WISCONSIN AND WYOMING
We are unable to ship to PO BOXES, and if an order is placed for wine to be shipped to a state that is not listed above, we will regrettablyhave to cancel the order and issue a refund for the amount charged.
Please note that all alcoholic beverages are sold in the state of California and the title passes to the buyer in California. WineBattles.com makes no representation to the legal rights of anyone to ship or import wines into any state outside of California, and the buyer assumes sole responsibility for shipment of alcoholic beverage products. By placing an order, you agree to authorize us to act on your behalf and engage a common carrier to deliver your order to you.
In accordance with the law, alcoholic beverages may only be sold and delivered to persons who are at least 21 years of age. By placing an order, you are verifying that you and anyone responsible for accepting the delivery are of legal age (21 or older).
Upon delivery, the recipient will be required to sign for the package and show identification/proof of age. For this reason and because most shipments are made during regular work hours, we recommendusing a business address for your shipment.
A user may cancel his or her order by calling 800-371-4560 or emailing firstname.lastname@example.org. At the sole discretion of Wine Battles, a refund will be issued for the cost of unshipped goods, less a 15% restocking fee.
If you experience billing problems please reach out to us at 800-371-4560.
Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Wine Battles Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with Wine Battles, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of July 1, 2006.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time totime by Wine Battles) form a binding agreement (the "Agreement") between you and Mingle, LLC through Wine Battles. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
The following definitions apply to this Agreement: "Wine Battles Web Site" or the "Site" includes www.winebattles.com in its entirety and its related sites owned or operated by Wine Battles, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Services" means any services provided on the Site by Wine Battles or its agents. "User" refers to any individual or entity who uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions
General Use Rules
You may use this Site only for lawful purposes within the stated context of Wine Battles' intended and acceptable use of the Site. Wine Battles is the sole interpreter of the Site's intended and acceptable use
Other Specific Rules
You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
House Rules for Posting, Conduct and Security
You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
Intellectual Property Rights
The Site and all right, title and interest in and to the Site is the sole property of Wine Battles or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms andConditions, Wine Battles reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Wine Battles," the Wine Battles design logo and certain other names or logos are service marks or trademarks of Wine Battles, and all related product and service names, design marks and slogans are the service marks or trademarks of Wine Battles. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Wine Battles' trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
Disclaimers and Limitations on Wine Battles' Liability
Allocation of Responsibility Wine Battles assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Wine Battles acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, Wine Battles may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Wine Battles has no liability or responsibility to Users for performance or nonperformance of such activities. Wine Battles may take anyaction with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
No endorsements by Wine Battles
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, or otherwise.
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WINE BATTLES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WINEBATTLES.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) WINEBATTLES.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WINEBATTLES.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
(c) Wine Battles makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST ORACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL WINEBATTLES.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT,WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WINEBATTLES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WINE BATTLES’ MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL WINEBATTLES.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00
(e) Due to the nature of this Agreement, inaddition to money damages, you agree that Wine Battles will be entitled to equitable relief upon a breach of this agreement by you.
Payment of Services upon Termination of Service Agreement
If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have beenincorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by Wine Battles.
Links to Other Sites
Wine Battles contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Wine Battles of the contents on such third-party web sites. Wine Battles is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to Site
Wine Battles may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Wine Battles unless Wine Battles agrees to them in a signed writing specifically including those new or different terms. Wine Battles may change the Site at any time.
You agree to defend, indemnify, and hold harmless Wine Battles (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. Wine Battles shall use reasonable efforts to provide you prompt notice of any such claim, suit, orproceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Questions and Notices
Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for Wine Battles, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Wine Battles reasonably determines is an appropriate address for you.
Wine Battles contact information is listed on the Site. The Wine Battles makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Wine Battlesfrom outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between You and Wine Battles is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Wine Battles in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Wine Battles.
Exhibit A -House Rules regarding Posting, Conduct and Security
Wine Battles is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Wine Battles' discretion. Wine Battles reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is sexually explicit, obscene, libelous,defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) Wine Battles is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Wine Battles' discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected.
(b) You may not send unsolicited commercialemail to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized byyou. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Wine Battles immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) Wine Battles is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
A3. Security Rules
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the headerinformation in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. Wine Battles will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
We reserve the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately following the posting of the revised Refund Policy on the Wine Battles websites.
You agree to periodically review our websites, including the current version of our Refund Policy. Our refund policy is made available on our websites. It is your obligation to review our refund policy for any such revisions.
Jaime Collins Online Marketing Analyst Mingle, LLC 701 B Street, Suite 520 San Diego, CA 92101