AGREEMENT

User Agreement

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

PLEASE NOTE THAT YOUR USE OF THE HERITAGE WINE AND LIQUOR 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 HERITAGE WINE AND LIQUOR SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE HERITAGE WINE AND LIQUOR 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 HERITAGE WINE AND LIQUORFROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE HERITAGE WINE AND LIQUOR 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 Heritage Wine and Liquor Site:

[*]          Intentionally or unintentionally violate any applicable law or regulation.

[*]          Access, tamper with, or use nonpublic areas of the Heritage Wine and Liquor Site or Heritage Wine and Liquor’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

[*]          Frame or link to the Heritage Wine and Liquor Site except as permitted in writing by Heritage Wine and Liquor.

Copyright

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

Heritage Wine and Liquor 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 2004 – 2016 by Heritage Wine and Liquor. Unless otherwise explicitly stated by Heritage Wine and Liquor, you may copy the 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 by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Heritage Wine and Liquor.

Protection of Content Provided by Heritage Wine and Liquor and Its Licensors

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

Copyrights and Designated Agent For Notification of Claims of Infringement

Heritage Wine and Liquor 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 Heritage Wine and Liquor’s Designated Agent the following information:

1. Heritage Wine and Liquor’s Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Heritage Wine and Liquor’s designated agent as specified below. Please include the following information:

A 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 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.

Submit the information above to the following designated copyright agent: info@HeritageWineandLiquor.com

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence received and Communication

Heritage Wine and Liquor reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Heritage Wine and Liquor may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Heritage Wine and Liquor.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Heritage Wine and Liquor any information that (i) restricts or inhibits any other user from using or enjoying Heritage Wine and Liquor, (ii) in Heritage Wine and Liquor’ discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Notices

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

Disclaimer; No Warranty

Heritage Wine and Liquor makes no representations or warranties as to the accuracy of the Content. Heritage Wine and Liquor 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 Heritage Wine and Liquor of the error or omission; however, Heritage Wine and Liquor does not warrant that such error or omission will be corrected.

All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Heritage Wine and Liquor has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

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

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

You agree to indemnify, defend, and hold harmless Heritage Wine and Liquor 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. Heritage Wine and Liquor 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 Heritage Wine and Liquor.

Heritage Wine and Liquor shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Heritage Wine and Liquor does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Heritage Wine and Liquor 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. HERITAGE WINE AND LIQUOR 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 Heritage Wine and Liquor 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 and Monitoring

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

External sites

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

Modification

Heritage Wine and Liquor 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. Heritage Wine and Liquor 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 Heritage Wine and Liquor Site is governed by the Heritage Wine and Liquor Privacy Policy.

Force Majeure

Heritage Wine and Liquor shall be excused from performance under this Terms of Service if Heritage Wine and Liquor 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 Heritage Wine and Liquor.

Survival

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

General Provisions

You agree that Heritage Wine and Liquor 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 Heritage Wine and Liquor 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 Heritage Wine and Liquor 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 Heritage Wine and Liquor in writing. The Terms of Service, along with the Heritage Wine and Liquor Privacy Policy, comprises the entire agreement between you and Heritage Wine and Liquor 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 Heritage Wine and Liquor. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Heritage Wine and Liquor shall be null and void. These Terms of Service will inure to the benefit of Heritage Wine and Liquor’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.

Acceptance; Miscellaneous

Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Heritage Wine and Liquor. 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 Heritage Wine and Liquor 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@HeritageWineandLiquor.com.