DISCLAIMER AGREEMENT BETWEEN USER AND YOURS TRULY WINE
Welcome to Yours Truly Wine. The yourstrulywine.com website (the “Site”) is comprised of various web pages operated by Yours Truly Wine Importers (“Yours Truly, Wine”, “Yours Truly Wine”). yourstrulywine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of yourstrulywine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
And, as always, please remember to Drink Responsibly!
yourstrulywine.com is an E-Commerce Site.
YoursTrulyWine.com is an e-commerce website that DOES NOT permit users under the age of 21 years old. YoursTrulyWine.com DOES NOT sell alcohol to persons under the age of 21 years old. By using this site you swear and affirm you are over the age of 21 years old. Yours Truly Wine Importers makes every effort to not allow users under the age of 21 to purchase alcoholic beverage via the site. Alcoholic beverages will be shipped directly to the customer, however, someone over the age of 21 years old must be available to sign for the alcoholic beverages. By using this site you agree that someone over the age of 21 years old will be available to accept the delivery. By using this site, as a retail customer, aka “Club Member”, you also agree that you are not permitted to resell any alcoholic beverages purchased through the site. All minors that illegally use this site can and will be prosecuted.
Visiting yourstrulywine.com or sending emails to Yours Truly, Wine constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Yours Truly, Wine is not responsible for third party access to your account that results from theft or misappropriation of your account. Yours Truly, Wine and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may cancel your subscription at any time. We have a love it or we’ll refund it policy. For questions or concerns please contact us at firstname.lastname@example.org.
Orders returned to Yours Truly, Wine may be subject to a reasonable restocking fee. Yours Truly, Wine reserves the right to charge an additional $50 fee for all re-shipped orders upon customer’s request for reshipment.
All items purchased from Yours Truly, Wine are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Yours Truly, Wine (in its sole discretion) may issue a replacement for the balance shown in its records. Yours Truly, Wine is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Orders returned to Yours Truly, Wine after three delivery attempts have been made with no success will not be refunded. Contact email@example.com for more information regarding delivery attempts, restocking and reshipment.
yourstrulywine.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Yours Truly, Wine and Yours Truly, Wine is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Yours Truly, Wine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yours Truly, Wine of the site or any association with its operators.
Certain services made available via yourstrulywine.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the yourstrulywine.com domain, you hereby acknowledge and consent that Yours Truly, Wine may share such information and data with any third party with whom Yours Truly, Wine has a contractual relationship to provide the requested product, service or functionality on behalf of yourstrulywine.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Yours Truly, Wine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Yours Truly, Wine content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Yours Truly, Wine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Yours Truly, Wine or our licensors except as expressly authorized by these Terms.
You will be able to connect your Yours Truly, Wine account to third party accounts. By connecting your Yours Truly, Wine account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Yours Truly, Wine from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Yours Truly, Wine Content accessed through yourstrulywine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Yours Truly, Wine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Yours Truly, Wine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Yours Truly, Wine in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOURS TRULY WINE IMPORTERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOURS TRULY WINE IMPORTERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOURS TRULY WINE IMPORTERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Yours Truly, Wine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yours Truly, Wine as a result of this agreement or use of the Site. Yours Truly, Wine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yours Truly, Wine’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Yours Truly, Wine with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Yours Truly, Wine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Yours Truly, Wine with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Yours Truly, Wine reserves the right, in its sole discretion, to change the Terms under which yourstrulywine.com is offered. The most current version of the Terms will supersede all previous versions. Yours Truly, Wine encourages you to periodically review the Terms to stay informed of our updates.
Yours Truly, Wine welcomes your questions or comments regarding the Terms:
Yours Truly Wine Importers:
Email Address: firstname.lastname@example.org
In no event shall the Yours Truly Wine Importers be liable for any failure or delay in the performance of its obligations under this Indenture because of circumstances beyond the Yours Truly Wine Importers control, including, but not limited to, acts of God, flood, war (whether declared or undeclared), terrorism, fire, riot, embargo, government action, including any laws, ordinances, regulations, governmental action or the like which delay, restrict or prohibit the providing of the services contemplated by this Indenture.