Terms of Service

User Agreement

Welcome to the My Wine Deals web site! These terms and conditions, together with our Privacy Policy govern your use of the site and other online information services operated or provided by My Wine Deals. By using this web site and any emails, newsletters or communications received from My Wine Deals (collectively called the “services”), you consent and agree to these terms and conditions.

Please note that your use of the My Wine Deals web site is subject to the following terms (“terms of service”). If you do not agree with any of these terms of service, please do not access or otherwise use this site or any information or materials contained on the site. Your use of the My Wine Deals 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 My Wine Deals from time to time with or without notice to you. Your continued use of the My Wine Deals web site indicates your acceptance of any modifications we make to the terms of service.

Shipping your wine

When your wine is shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state in which you reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due

Your obligations as user

You agree not to do any of the following while using the My Wine Deals website:

• Intentionally or unintentionally violate any applicable law or regulation
• Access, tamper with, or use nonpublic areas of the My Wine Deals site or computer systems belonging to My Wine Deals. Unauthorized access or tampering with these areas will be prosecuted
• Build any link to the My Wine Deals web site without express permission in writing from My Wine Deals

Copyright

The compilation (meaning the collection, arrangement and assembly) of all content on My Wine Deals.com is the exclusive property of My Wine Deals, and is protected by U.S. and international copyright laws.

My Wine Deals 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 2016 – 2017 by My Wine Deals and A-Team Importers®. Unless otherwise explicitly stated by My Wine Deals, you may copy 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 for “fair use” by copyright laws, no copying, storage, publication, or redistribution of any content is permitted without the express written permission of My Wine Deals

All text, graphics, logos, icons, images, audio clips and software on the My Wine Deals web site (“site content”) are copyrighted materials owned by or licensed to My Wine Deals or are copyrighted materials owned by certain third parties. Site content may contain trademarks, service marks and trade names which are owned by My Wine Deals 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 My Wine Deals, its affiliates, or third parties. “My Wine Deals” is a trademark of A-Team Importers, LLC. Unless authorized in writing by an officer of A-Team Importers, LLC, My Wine Deals’s trademarks may not be used in connection with any product or service that is not connected with My Wine Deals, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits My Wine Deals. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based upon, frame, mirror, re-post, exploit for any commercial purpose, or otherwise use any content in any way for any public or commercial purpose without prior written consent of My Wine Deals or the rights holder. You may not use our 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 site content will be automatically terminated and you will be required to immediately destroy any copies you have made of the content, and we may end your authorization to use the My Wine Deals web site. Nothing contained in the My Wine Deals 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 My Wine Deals, 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 My Wine Deals, its affiliates, and/or any third party, as applicable.

Notification concerning copyright claims

MyWineDeals 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 My Wine Deals’s designated agent with the pertinent information. Claims of infringement should be in writing and should be directed to My Wine Deals’s designated agent as specified below. Please include the following:

• The 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 belief in good faith 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: info@mywinedeals.com

Disclaimer

My Wine Deals makes no representations or warranties as to the accuracy of the content. My Wine Deals 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 My Wine Deals of the error or omission; however, My Wine Deals does not warrant that such error or omission will be corrected.

My Wine Deals endeavors to provide current, accurate and reliable information on our web site; it does not however warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the My Wine Deals site. My Wine Deals does not warrant that your use of My Wine Deals site, or the operation or function of the My Wine Deals site, or 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 My Wine Deals 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. My Wine Deals and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the My Wine Deals web site. The My Wine Deals web site content is 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 My Wine Deals 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 My Wine Deals site, the use or performance of the My Wine Deals site, the delay or inability to use the My Wine Deals, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the My Wine Deals site, or otherwise arising out of the use of the My Wine Deals site, whether based on contract, tort, negligence, strict liability or otherwise, even if My Wine Deals or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the My Wine Deals site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the My Wine Deals site. This sole and exclusive remedy is separate and independent of any other provision that limits My Wine Deals’s liability or your remedies.

You agree to indemnify, defend, and hold harmless My Wine Deals 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. My Wine Deals 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 My Wine Deals.

My Wine Deals shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the services. My Wine Deals does not warrant that the services will be uninterrupted, error free, or virus free; nor does My Wine Deals 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. My Wine Deals 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 My Wine Deals 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…

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this My Wine Deals site by third parties (including information providers and users) are those of the respective author(s) or distributor(s), and not of My Wine Deals. My Wine Deals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this My Wine Deals site by anyone other than authorized My Wine Deals employees acting in their official capacities.

Links to external web sites:

The My Wine Deals web site may contain links to other web sites or resources. You acknowledge and agree that My Wine Deals 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 My Wine Deals site does not imply that My Wine Deals 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 My Wine Deals and its sites do not constitute an endorsement by My Wine Deals of any third party products or services.

Contents subject to revision

My Wine Deals 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. My Wine Deals 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.

Privacy Policy

Your use of the My Wine Deals web site is governed by My Wine Deals’s Privacy Policy.

Circumstances beyond our control

My Wine Deals shall be excused from performance under these Terms and Conditions of service if My Wine Deals 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 My Wine Deals.

Survival

The following provisions shall survive any termination of these Terms of Service: no warranty from My Wine Deals, limitation of liability, indemnity and general provisions.

General provisions

You agree that My Wine Deals 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 My Wine Deals web 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 My Wine Deals 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 My Wine Deals in writing. The Terms of Service, along with the My Wine Deals Privacy Policy, comprises the entire agreement between you and My Wine Deals 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 My Wine Deals. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of My Wine Deals shall be null and void. These Terms of Service will inure to the benefit of My Wine Deals s 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. District of Columbia 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 located in Washington DC, in the District of Columbia, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the site.

Acceptance and miscellaneous…

Your continued use of the services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by My Wine Deals. 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.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and My Wine Deals with respect to your use of the services. Any cause of action you may have with respect to your use of the services must be commenced with one (1) year after the claim or cause of action arises.

If you have any questions about these Terms of Service, please email us at info@mywinedeals.com