Links
The AOCfinewines.com Site may contain links to other web sites or resources. You acknowledge and agree that AOCfinewines.com 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 AOCfinewines.com Site does not imply that AOCfinewines.com endorses the linked site.
Copyrights and Designated Agent For Notification of Claims of Infringement
AOCfinewines.com 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 AOCfinewines.com's Designated Agent the following information:
- AOCfinewines.com's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
b. Claims of infringement should be in writing and should be directed to AOCfinewines.com's 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
AOCFINEWINES.COM will give you any necessary notices by posting them on the AOCfinewines.com Site. You authorize AOCFINEWINES.COM to send notices via electronic mail as well if AOCFINEWINES.COM decides, in its sole discretion, to do so. You agree to check the AOCfinewines.com 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 AOCfinewines.com Site.
Basics - Email Confirmations
Wine.com sends email order confirmations to the address specified in your account. An email confirmation of new orders is sent that specifies when your package has been shipped. Email confirmations are considered a service, and are therefore still delivered to customers that have requested not to receive promotional email messages from AOCfinewines.com.
Disclaimer of Warranties
ALTHOUGH AOCFINEWINES.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE AOCFINEWINES.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE AOCFINEWINES.COM SITE. AOCFINEWINES.COM DOES NOT WARRANT THAT YOUR USE OF THE AOCFINEWINES.COM SITE, OR THE OPERATION OR FUNCTION OF THE AOCFINEWINES.COM 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 AOCFINEWINES.COM 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. AOCFINEWINES.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE AOCFINEWINES.COM SITE. THE AOCFINEWINES.COM 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 AOCFINEWINES.COM 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 AOCFINEWINES.COM SITE, THE USE OR PERFORMANCE OF THE AOCFINEWINES.COM SITE, THE DELAY OR INABILITY TO USE THE AOCFINEWINES.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AOCFINEWINES.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AOCFINEWINES.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AOCFINEWINES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AOCFINEWINES.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AOCFINEWINES.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS AOCFINEWINES.COM'S LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the AOCfinewines.com Site is governed by the AOCfinewines.com Privacy Policy.
Termination of your AOCfinewines.com Account
AOCfinewines.com may terminate your AOCfinewines.com Account with or without cause at any time effective immediately.
Force Majeure
AOCfinewines.com shall be excused from performance under this Terms of Service if AOCfinewines.com 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 AOCfinewines.com.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from AOCfinewines.com, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that AOCfinewines.com 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 AOCfinewines.com 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 AOCfinewines.com 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 AOCfinewines.com in writing. The Terms of Service, along with the AOCfinewines.com Privacy Policy, comprises the entire agreement between you and AOCfinewines.com 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 AOCfinewines.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of AOCfinewines.com shall be null and void. These Terms of Service will inure to the benefit of AOCfinewines.com'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. California 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 San Francisco County, in the State of California, 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.
The Terms of Service were updated October 15, 2007. |