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DeLille Cellars

Terms Of Use

Welcome to the Internet sites of DeLille Cellars. ("Delillecellars.com").

PLEASE NOTE THAT YOUR USE OF THE DELILLE CELLARS 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 DELILLE CELLARS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE DELILLE CELLARS 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 DELILLE CELLARS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE DELILLE CELLARS 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 Delille Cellars Site:

Intentionally or unintentionally violate any applicable law or regulation.

Access, tamper with, or use nonpublic areas of the Delille Cellars site or Delille Cellars computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

The Sale of Alcoholic Beverages

Delille Cellars 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. Delille Cellers 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 Delille Cellars is over the age of 21. You also agree that any alcohol purchased from Delille Cellars 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 Delille Cellars will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Delille Cellars 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, Delille Cellars is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Delille Cellars, 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.

Parental Control Protections

As required by the Communications Decency Act of 1996, Delille Cellars 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. Delille Cellars does not sponsor or endorse any of these companies or their services.

Protection of Content Provided by Delille Cellars

All text, graphics, logos, icons, images, audio clips and software on the Delille Cellars Site ("Site Content") are copyrighted materials owned by or licensed to Delille Cellars. The Site Content may contain trademarks, service marks and trade names which are owned by Delille Cellars 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 Delille Cellars, its affiliates, or third parties. "Delille Cellars" is a trademark of Delille Cellars. Unless authorized in writing by an officer of Delille Cellars, Delille Cellars trademarks may not be used in connection with any product or service that is not Delille Cellars, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Delille Cellars. 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 Delille Cellars 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 Delille Cellars Site. Nothing contained in the Delille Cellars 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 Delille Cellars, 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 Delille Cellars, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement

Delille Cellars 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 Delille Cellars Designated Agent the following information:

Delille Cellars Policy Concerning Claims of Infringement

Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Delille Cellars designated agent as specified below. Please include the following information:

A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

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.

Notices

Delille Cellars will give you any necessary notices by posting them on the Delille Cellars Site. You authorize Delille Cellars to send notices via electronic mail as well if Delille Cellars decides, in its sole discretion, to do so. You agree to check the Delille Cellars 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 Delille Cellars Site.

Disclaimer of Warranties

ALTHOUGH DELILLE CELLARS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE DELILLE CELLARS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE DELILLE CELLARS SITE. DELILLE CELLARS DOES NOT WARRANT THAT YOUR USE OF THE DELILLE CELLARS SITE, OR THE OPERATION OR FUNCTION OF THE DELILLE CELLARS 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 DELILLE CELLARS 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. DELILLE CELLARS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE DELILLE CELLARS SITE. THE WDELILLE CELLARS 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 DELILLE CELLARS 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 DELILLE CELLARS SITE, THE USE OR PERFORMANCE OF THE DELILLE CELLARS SITE, THE DELAY OR INABILITY TO USE THE DELILLE CELLARS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DELILLE CELLARS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DELILLE CELLARS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DELILLE CELLARS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DELILLE CELLARS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DELILLE CELLARS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS DELILLE CELLARS LIABILITY OR YOUR REMEDIES.

Termination of your Delille Cellars Account

Delille Cellars may terminate your Delille Cellars Account with or without cause at any time effective immediately.

No Responsibility to Sell Mispriced Products or Services

Delille Cellars 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. Delille Cellars 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, Delille Cellars shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms

DELILLE CELLARS 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

Delille Cellars shall be excused from performance under this Terms of Service if Delille Cellars 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 Delille Cellars.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from Delille Cellars Limitation of Liability, Indemnity and General Provisions.

General Provisions

You agree that Delille Cellars 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 Delille Cellars 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 Delille Cellars 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 Delille Cellars in writing. The Terms of Service comprises the entire agreement between you and Delille Cellars 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 Delille Cellars. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Delille Cellars shall be null and void. These Terms of Service will inure to the benefit of Delille Cellars 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. Washington 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 of Washington State, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.