PLEASE NOTE THAT YOUR USE OF THE PRIMA VINI WINE MERCHANTS 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 PRIMA VINI WINE MERCHANTS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE PRIMA VINI WINE MERCHANTS 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 PRIMA VINI WINE MERCHANTSFROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE PRIMA VINI WINE MERCHANTS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
Title to all wines sold by Prima Vini Wine Merchants passes to the buyer in the state of California, and the buyer is solely responsible for the shipment of wines. We make no representation as to the legal rights of anyone to ship or import wines into any state outside California. In all cases, the buyer is responsible for complying with the laws and regulations, in particular those relating to the importation of alcohol, in effect in the state to which the buyer is shipping alcohol. In placing an order, the customer represents to Prima Vini Wine Merchants that he/she is at least 21 years of age and the person to whom delivery will be made is at least 21 years of age.
If you would like your wine delivered or 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. You must be 21 years of age or older to purchase alcoholic beverages. Identification and signature required for delivery. 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 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.
|You agree not to do any of the following while using the Prima Vini Wine Merchants Site:
|The compilation (meaning the collection, arrangement and assembly) of all content on www.primavini.com is the exclusive property of Prima Vini Wine Merchants, and is protected by U.S. and international copyright laws.
Prima Vini Wine Merchants 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 - 2018 by Prima Vini Wine Merchants. Unless otherwise explicitly stated by Prima Vini Wine Merchants, 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 Prima Vini Wine Merchants.
|Protection of Content Provided by Prima Vini Wine Merchants and Its Licensors|
|All text, graphics, logos, icons, images, audio clips and software on the Prima Vini Wine Merchants Site ("Site Content") are copyrighted materials owned by or licensed to Prima Vini Wine Merchants or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Prima Vini Wine Merchants 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 Prima Vini Wine Merchants, its affiliates, or third parties. "Prima Vini Wine Merchants" is a trademark of Prima Vini Wine Merchants. Unless authorized in writing by an officer of Prima Vini Wine Merchants, Prima Vini Wine Merchants's trademarks may not be used in connection with any product or service that is not Prima Vini Wine Merchants's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Prima Vini Wine Merchants. 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 Prima Vini Wine Merchants 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 Prima Vini Wine Merchants Site. Nothing contained in the Prima Vini Wine Merchants 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 Prima Vini Wine Merchants, 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 Prima Vini Wine Merchants, its affiliates, and/or any third party, as applicable.|
|Copyrights and Designated Agent For Notification of Claims of Infringement|
|Prima Vini Wine Merchants 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 Prima Vini Wine Merchants's Designated Agent the following information:
1. Prima Vini Wine Merchants's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Prima Vini Wine Merchants's designated agent as specified below. Please include the following information:
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
|Correspondence received and Communication|
|Prima Vini Wine Merchants 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 Prima Vini Wine Merchants may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Prima Vini Wine Merchants.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Prima Vini Wine Merchants any information that (i) restricts or inhibits any other user from using or enjoying Prima Vini Wine Merchants, (ii) in Prima Vini Wine Merchants' 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.
|Prima Vini Wine Merchants will give you any necessary notices by posting them on the Prima Vini Wine Merchants Site. You authorize Prima Vini Wine Merchants to send notices via electronic mail as well if Prima Vini Wine Merchants decides, in its sole discretion, to do so. You agree to check the Prima Vini Wine Merchants 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 Prima Vini Wine Merchants Site.|
|Disclaimer; No Warranty|
|Prima Vini Wine Merchants makes no representations or warranties as to the accuracy of the Content. Prima Vini Wine Merchants 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 Prima Vini Wine Merchants of the error or omission; however, Prima Vini Wine Merchants 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 Prima Vini Wine Merchants 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 PRIMA VINI WINE MERCHANTS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE PRIMA VINI WINE MERCHANTS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE PRIMA VINI WINE MERCHANTS SITE. PRIMA VINI WINE MERCHANTS DOES NOT WARRANT THAT YOUR USE OF THE PRIMA VINI WINE MERCHANTS SITE, OR THE OPERATION OR FUNCTION OF THE PRIMA VINI WINE MERCHANTS 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 PRIMA VINI WINE MERCHANTS 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. PRIMA VINI WINE MERCHANTS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRIMA VINI WINE MERCHANTS SITE. THE PRIMA VINI WINE MERCHANTS 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 PRIMA VINI WINE MERCHANTS 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 PRIMA VINI WINE MERCHANTS SITE, THE USE OR PERFORMANCE OF THE PRIMA VINI WINE MERCHANTS SITE, THE DELAY OR INABILITY TO USE THE PRIMA VINI WINE MERCHANTS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRIMA VINI WINE MERCHANTS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PRIMA VINI WINE MERCHANTS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMA VINI WINE MERCHANTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRIMA VINI WINE MERCHANTS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRIMA VINI WINE MERCHANTS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS PRIMA VINI WINE MERCHANTS'S LIABILITY OR YOUR REMEDIES.
You agree to indemnify, defend, and hold harmless Prima Vini Wine Merchants 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. Prima Vini Wine Merchants 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 Prima Vini Wine Merchants.
Prima Vini Wine Merchants shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Prima Vini Wine Merchants does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Prima Vini Wine Merchants 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. PRIMA VINI WINE MERCHANTS 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 Prima Vini Wine Merchants 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 Prima Vini Wine Merchants Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Prima Vini Wine Merchants. Prima Vini Wine Merchants neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Prima Vini Wine Merchants Site by anyone other than authorized Prima Vini Wine Merchants employees acting in their official capacities.|
|The Prima Vini Wine Merchants Site may contain links to other web sites or resources. You acknowledge and agree that Prima Vini Wine Merchants 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 Prima Vini Wine Merchants Site does not imply that Prima Vini Wine Merchants 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 Prima Vini Wine Merchants and its sites do not constitute an endorsement by Prima Vini Wine Merchants of any third party products or services.|
|Prima Vini Wine Merchants 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. Prima Vini Wine Merchants 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.|
|Prima Vini Wine Merchants shall be excused from performance under this Terms of Service if Prima Vini Wine Merchants 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 Prima Vini Wine Merchants.|
|The following provisions shall survive any termination of these Terms of Service: No Warranty from Prima Vini Wine Merchants, Limitation of Liability, Indemnity and General Provisions.|
|Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Prima Vini Wine Merchants. 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.
If you have any questions about these Terms of Service, please email us at email@example.com.