Legal NoticeAll notices from WineRX to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to WineRX shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to WineRX five (5) days after the date sent.
Copyright NoticeAll content appearing on this Web site is the property of:
Copyright © 2017 WineRX. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017 WineRX. All rights reserved.
TrademarksAll brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by WineRX. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of WineRX or any third party, except as expressly granted herein.
Terms and Conditions of Use
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The Website and the Products are offered and available only to Users who are 21 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website or the Products, you represent and warrant that you are at least 21 years of age and competent to form a binding contract with WineRx and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Products.
2. WEBSITE ACCESS
WineRx reserves the right to withdraw or amend the Website or any Products at any time, in its sole discretion without notice. WineRx will not be liable to you if, for any reason, any part of or the entire Website or Products are unavailable for your access, use, or purchaseat any time or for any period. From time to time, WineRx may restrict access to some parts of the Website, or the entire Website, or the Products, to you or all or any other Users.WineRx reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
You are responsible for, without limitation, the following:
· Making all arrangements necessary for you to have access to the Website.
3. PAYMENT TERMS
You acknowledge and agree that you will pay for all Products you purchase from WineRx, and that WineRx or its third-party payment processor may charge your credit card account, as provided by you at the time of sale or at such other time, including any taxes, late fees, shipping charges, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase.
WineRx may allow Users to place Orders (as defined below) for Products from the Website. The term “Order” or “Orders” means any order placed by you for Products from the Website that are accepted by WineRx. In the event that you place an Order to purchase Products from the Website, you are subject to the additional terms of this Section 4. Upon placing an Order, you shall pay to WineRx the purchase price set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, WineRx may require additional verifications or information before accepting your Order. WineRx and its affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order. Prices and availability of Products are subject to change without notice to you. Errors will be corrected where discovered, and WineRx reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, WineRx will issue you the appropriate credit if and within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to the Company that you are an authorized signatory of the credit card, debit card, or other method of payment that you provide to WineRx or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of Products via the Website. In the event you purchase a Product that must be delivered to you, such Products will be shipped by WineRx and/or its third-party contractors within a commercially reasonable time after processing your Order. Delivery time may vary depending on the delivery method selected and product availability. WineRx does not guarantee delivery at any certain time and is not responsible for delivery delays.
5. CONTENT AND PRICING INFORMATION
Although WineRx strives to provide accurate pricing information on its Website, pricing or typographical errors may occur. WineRx cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, WineRx shall have the right, at its sole discretion, to refuse or cancel any Orders placed for that Product. In the event that a Product is mispriced, WineRx may, in its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. WineRx attempts to be accurate in its Product descriptions; however, WineRx does not warrant that Product descriptions, product images, product pictures, or other content of the Website is accurate, complete, reliable, current, or error-free. WineRx disclaims all liability and responsibility arising from any reliance placed on such content by you or any other User of the Website or by anyone who may be informed of its contents.
6. PROHIBITED USES
· In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or products, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without WineRx’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate WineRx, a WineRx employee, another User, client, or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Products, as determined by WineRx.
· To license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Products or make the Products available to any third party.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without WineRx’s prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
7. INTELLECTUAL PROPERTY RIGHTS
The Websiteand its entire contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, and the Products are wholly owned by WineRx, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8. USER CONTRIBUTIONS
You understand and acknowledge that you are responsible for any User Contribution you Post and you, not WineRx, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and compliance with the Content Standards set out herein below. WineRx is not responsible or liable to you or any third party for the content, accuracy, or compliance of any User Contributions.
WineRx reserves the right, but not the obligation, to (1) remove or refuse to display any User Contribution for any or no reason in its sole discretion; and (2) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion.
Without limiting the foregoing, WineRx has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone who Posts or submits User Contributions to the Website. YOU WAIVE AND HOLD HARMLESS WINERX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, WineRx does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, WineRx assumes no liability for any action or inaction regarding transmissions, communications, Posts, User Contributions, or other content provided by any User or third party. WineRx has no liability or responsibility to anyone for performance or non-performance of any of the activities described in this Section 8.
9. CONTENT STANDARDS
These content standards apply to any and all User Contributions and any and all use of the Website. You represent, warrant, and covenant that any User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you are responsible for ensuring that your User Contributions do not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or third-party.
· Be likely to deceive any person.
· Promote any illegal activity or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by WineRx or any other person or entity if untrue.
10. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. WineRx does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WineRx disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other User or visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WineRx, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WineRx. WineRx is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURE
You may link to the Website, provided you do so in a way that is fair and legal and does not damage WineRx’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on WineRx’s part without WineRx’s express written consent.
The Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send e-mails or other communications with certain content or links to certain content on the Website.
· Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or any third-party websites.
You may use the Website features solely as they are provided by WineRxsolely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
13. LINKS FROM THE WEBSITE
If the Website contains any links to other sites and resources provided by third parties, WineRx provides these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. WineRx has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restriction.This Website is for use only by persons located in the United States. WineRx makes no claims that the Products, the Website, or any of its content is accessible or appropriate outside of the United States. The Products and/or access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE AND THE PRODUCTS ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. WINERX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Waiver of Jury Trial. In the event any litigation should arise between you and WineRx in any state or federal court, you and WineRx waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Export. The Website and Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data or Products acquired from WineRx in violation of the United States export laws or regulations.
Notices.WineRx may give notice to you by email or other reasonable means. You shall give notice to WineRx by certified mail (postage pre-paid and return receipt requested) to:
505 Harbor Avenue
Cape Charles, VA 23310
Last Modified: December 8, 2017
Update Log: N/A
WHAT INFORMATION IS COLLECTED?
WineRx may collect various types of information from or about you depending on how you use the Website and its various features. You supply WineRx with various types of information, including personal information that you choose to disclose and WineRx also collects information automatically regarding how you use the Website, which WineRx collects as you interact with the Website.
Information you Provide to WineRx
With respect to personal information, you may provide WineRx with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide through the Website. This information is generally entered into fields in the registration or subscription forms and enables you to take full advantage of the products that WineRx offers, including, without limitation, the tannin- and sulfite-reducing products available for sale on the Website (collectively defined herein as the “Products”). Should you purchase or use any Products on or through the Website, the information that you supply during the process may be used to track details about those purchases or uses. WineRx may collect email addresses from you and other Users, customers, and visitors to the Website for the purpose of communication. If at any time you wish to be removed from WineRx’s email database, you can request removal by contacting email@example.com. WineRx reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.
Automatic Information Collection and Tracking
When you access and use the Website, it may use technology to automatically collect:
· certain details of your access to and use of the Website, including traffic data, location data, logs, and other communication data, and the resources that you access and use on or through the Website.
· information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
· stored information and files, metadata, and other information associated with other files stored on your device, including, without limitation, photographs, audio and video clips, personal contacts, and address book information.
· real-time information about the location of your device for analytics.
If you do not want WineRx to collect this information, do not access the Website or purchase any Products. WineRx also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.
As with many other websites, the web servers used to operate the Website collect certain data pertaining to you and the equipment and communication methods that you use to access the internet and the Website. Without combining this data with other sources of information, the servers do not readily identify you. They do, however, reveal such things as the Internet protocol (“IP”) address assigned to your computer, pages you accessed on the Website or immediately prior to visiting the Website, and the length of time you accessed the Website.This information is collected to, among other things, facilitate Website operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Website and the materials, Products, and services that WineRx makes available on the Website.
WineRx uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Website. Cookies store and retain information that helps WineRx recognize you when you return to the Website following a previous visit. Cookies may also store any login or ID assigned to you by WineRx and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as not to accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Website and the materials, Products, and services that WineRx makes available on the Website.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
WineRx does not attempt to collect personal information from children. Children under 21 years old are not the target audience for the Website. To protect their privacy, WineRx prohibits the solicitation of personal information from these children or the purchase of Products by these children. If you are under the age of 21, do not access the Website or submit your email address or any other personal information through the Website.
DISCLOSURE FOR LEGAL PURPOSES
WineRx reserves the right to disclose any personally identifiable information or other information it collects through the Website or otherwise if it is required to do so by law or if it reasonably believes that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Website; or (d) in an emergency to protect the health or safety of the Users of the Website or the general public.
HOW DOES WINERX USE THE INFORMATION IT COLLECTS?
HOW DOES WINERX PROTECT INFORMATION COLLECTED ABOUT YOU?
WineRx places a high value on protecting information transmitted via the Website. For this reason, WineRx uses state-of-the-art security solutions to process payments and to provide secure communication methods. WineRx’s payment services providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard user information. Other security safeguards include, but are not limited to, third party payment processors, data encryption, firewalls, and physical access controls to building and files. WineRx does not store payment information. WineRx takes commercially reasonable measures to secure and protect customer-specific information transmitted via or stored on the Website. However, no security system is impenetrable. WINERX CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO WINERX OR ON THE WEBSITE WILL BE TOTALLY SECURE.
DOES WINERX DISCLOSE INFORMATION TO OUTSIDE PARTIES?
WineRx may share your information to individuals outside of WineRx, including, without limitation, its affiliates or to any third parties. Currently, WineRx does not sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral fee. WineRx, in its sole discretion, may also release your information when it believes release is appropriate to comply with the law, enforce Website policies, or protect WineRx’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
As WineRx continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.
WHAT CHOICES DO YOU HAVE?
You may update at any time the information about you and your personal preferences stored on the Website derived from information you have provided to WineRx. You may also ask WineRx at any time to remove your name from the list of Website Users who wish to receive electronic communications and e-mail advertisements from WineRx or its affiliates by simply sending such a request to WineRx at the numbers or addresses given below. Once you opt out, WineRx will honor your choice until you inform it otherwise. Please remember, however, that if WineRx has already shared information about you pursuant to your registration and participation in any special programs of its business affiliates (as described above), WineRx has no control over how such business affiliates may further use that information and you will need to contact them directly in that regard.
WHO CAN YOU CONTACT FOR MORE INFORMATION?
YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY
Shipping and DeliveryAt this time, WineRX ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, WineRX ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
WineRX charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
WarrantiesThe Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. WineRX makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. WineRX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL WineRX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by WineRX.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. WineRX is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not WineRX.
The inclusion of material on this server does not imply any endorsement by WineRX, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although WineRX tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return PolicyYou may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). WineRX reserves the right to change its payment procedures at any time without prior notice to you.If Unsatisfied with product. WineRX will send a return label and costs for the product only will be returned once the unused, undamaged product has been received. Wine RX is committed to making this a positive shopping experience.
MiscellaneousVOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. WineRX and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of WineRX shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and WineRX with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and WineRX with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by WineRX. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.