Terms of Use
Welcome to the website of
BY VISITING THE WEBSITE OR PURCHASING OR USING THE PRODUCTS, YOU ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY, AS MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH ITS TERMS, WHICH CAN BE FOUND AT [www.dropitwine.com/privacy-policy], AND WHICH IS EXPRESSLY INCORPORATED HEREIN (THE “PRIVACY POLICY”). PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE PRODUCTS.
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.
1. CHANGES TO THE TERMS OF USE
WineRx may revise and update these Terms of Use from time to time in its sole discretion and timing. All revisions, updates, and changes are effective immediately when posted them to the Website, and apply to all access to and use of the Website and the Products thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website or the Products following the posting of revised, updated, or changed Terms of Use means and shall constitute your acceptance and agreement to the revisions, updates, or changes. You are expected to check, read, and agree to this page each time you access the Website or purchase or use the Products so you are aware of any revision, update, or change, as they are binding on you.
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 purchase at 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.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or to purchase the Products, you may be asked to provide certain information. It is a condition of your use of the Website and your use or purchase of the Products that all information you provide on the Website is correct, current, and complete. You agree that all information you provide on the Website or otherwise, including, without limitation, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions WineRx takes with respect to your information consistent with the Privacy Policy.
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.
4. PURCHASES
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 canceled. 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
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and the Products:
- 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use below.
- 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 Website and 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.
These Terms of Use permit you to use the Website and the Products for your personal, non-commercial use only. These Terms of Use do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Website, the Products, or any intellectual property rights owned by WineRx. WineRx, WineRx’s and the Website’s logo, and all related names, including, without limitation, DropIt, logos, product and service names, designs, and slogans are trademarks of WineRx or its affiliates or licensors, as applicable. You must not use such marks without the prior written permission of WineRx.
Unless otherwise permitted under these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, modify copies of any materials from the Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Any use by you of the Website or the Products not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use by you and may violate copyright, trademark, and other laws.
8. USER CONTRIBUTIONS
The Website may, now or in the future, contain areas where Users may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (each a “Post”) content or materials (each a “User Contribution”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use below.
Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant WineRx and its affiliates and service providers, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Contributions you Post and have the right to grant the license granted above to WineRx; and (b) all of the User Contributions you Post do and will comply with these Terms of Use.
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 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.
- Violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.
- 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
All information WineRx collects on the Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by WineRx with respect to your information in compliance with the Privacy Policy.
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 WineRx solely 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.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with WineRx in causing any unauthorized framing or linking to immediately cease. WineRx reserves the right to withdraw linking permission without notice. WineRx may disable all or any social media features and any links at any time without notice in its sole discretion.
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.
14. MISCELLANEOUS
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.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WINERX’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE PRODUCTS EXCEED THAT AMOUNT PAID TO WINERX FOR THE APPLICABLE PRODUCTS. IN ADDITION, IN NO EVENT WILL WINERX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PRODUCTS, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
Indemnification. You agree to defend, indemnify, and hold harmless WineRx, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Website or the Products, including, but not limited to, any use of the Website’s content, services, and Products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law. These Terms of Use and the relationship between you and WineRx will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.
Venue; Jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Website, or the Products shall be instituted and litigated exclusively in the state or federal courts located in the City of Norfolk, Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.
Attorneys’ Fees; Breach for Nonpayment. In any legal action or other negotiation or proceeding brought to enforce the terms of these Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, fees, and costs. The non-prevailing party in any legal action brought pursuant to, or arising out of, this Agreement, shall pay to prevailing party all costs and fees incurred by such party in such action, including, without limitation, all reasonable attorneys’ fees and out-of-pocket expenses and all other reasonable costs of enforcement of the terms and conditions hereof. As used herein, the “prevailing party” means the party in whose favor a final judgment, order, or decree is rendered/entered.
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.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of these Terms of Use must be mediated or litigated on an individual basis and not on a class basis, and claims of more than one User cannot be mediated or litigated jointly or consolidated with those of any other User.
No Assignment. You may not assign your rights under these Terms of Use without WineRx’s prior written consent, and any attempted assignment will be null and void.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, NOTWITHSTANDING ANY APPLICABLE STATUTES OF LIMITATIONS. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure by WineRx to enforce any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WineRx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement. These Terms of Use and the Privacy Policy and any other written agreement constitute the sole and entire agreement between you and WineRx with respect to the Website and the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Products.
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, re-export, 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:
WineRx, LLC
505 Harbor Avenue
Cape Charles, VA 23310
QUESTIONS.
Please contact WineRx with any questions regarding these Terms of Use by emailing winerx@dropitwine.com
