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Terms of Use | Last Updated October 24, 2007 | PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SALUTE WINE MARKET WEB SITE YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE. If you do not agree with any of these Terms of Use, do not use this web site. Salute Wine Market LLC dba Salute! Wine Market ("Salute! Wine Market") may update these Terms of Use from time to time with or without notice to you other than changing the date stated above of the "Last Update". Your continued use of the web site indicates your acceptance of any modifications to these Terms of Use. | | | Salute Wine Market cannot sell or deliver alcohol to persons under the age of 21 or to anyone who is visibly intoxicated. By ordering alcohol through this web site you confirm that you are over the age of 21. In addition, by ordering any alcoholic beverages through this web site, you are confirming that the person receiving the shipment from Salute Wine Market, LLC is at least 21 years of age. You also confirm your agreement that any alcohol purchased from Salute Wine Market, LLC is for your personal consumption and not for resale. If you do not agree with these conditions of use you should not use this web site. We reserve the right to refuse any order for any reason without explanation. We appreciate your understanding. | | | All web site materials, including, without limitation, text, graphics, logos, icons, images, audio clips, software, trademarks, service marks and trade names (together "Site Content") are copyrighted materials owned by or licensed to Salute Wine Market, LLC. "Salute! Wine Market" is a trademark of Salute Wine Market, LLC. You may electronically copy and print portions of the web site and the Site Content for your own personal non-commercial use only. Any other use of the web site and the Site Content, including commercial use, modification etc., are strictly prohibited. | | | You must provide Salute Wine Market with a valid credit card for the charges associated with your Account. At this time, Salute Wine Market accepts payment through the following credit card types: Visa®, MasterCard®, American Express®, PayPal® and Discover®. Should you experience any problems while placing an order, a Customer Service representative is available to assist and place the order for you. Please call 540-535-2171. If your credit card expires, is canceled, is lost or is subject to use without your authorization, you must promptly give Salute! Wine Market notice of a replacement credit card or corrected information either by calling 540-535-2171 or by sending an email to sales@salutewinemarket.com. Salute! Wine Market will not be responsible for any fees, penalties, costs or expenses associated with insufficient funds or any charge or attempted charge to a credit or debit card. You agree to be financially responsible for all usage and activity on your Account. In the event Salute Wine Market is not able to charge your credit card, we reserve the right to terminate your Account. | | | The web site may include links to third party web sites or resources. Salute Wine Market makes no claim or representation regarding, and shall not have any responsibility or liability for, the reliability, quality, content, nature or accuracy of such third party web sites or resources. Salute Wine Market, LLC does not endorse any of the third party sites to which it links from the web site. | | | Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this web site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Salute Wine Market, LLC. Salute Wine Market, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this web site by anyone other than authorized its own employees acting in their official capacities. | | | Salute Wine Market, LLC will give you notices of changes to any of its policies or notices regarding other matters by posting them on the web site, or if Salute Wine Market, LLC decides to do so, by sending you an email. You will be responsible for checking the web site for notices, and that you will be considered to have received a notice when it is posted on the web site. | | | Salute Wine Market endeavors to provide you with current, accurate and reliable information on the web site. However, Salute Wine Market, LLC does not warrant or make any representations regarding the accuracy, reliability or any use of information on the web site. THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SALUTE WINE MARKET DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SALUTE WINE MARKET DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR- OR VIRUS-FREE OR THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE. Your use of the web 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 web site. | | | IN NO EVENT SHALL SALUTE WINE MARKET, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEB SITE, ITS USE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY SITE MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SALUTE WINE MARKET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. | | If you are dissatisfied with any portion of the web site, or with these Terms of Use or any other policy applicable to the web site, your sole and exclusive remedy is to discontinue using the web site. This sole and exclusive remedy is separate and independent of any other provision that limits Salute Wine Market's liability or your remedies. | | | While using this web site you agree not to violate any applicable law or regulation, or access, tamper with, or use nonpublic areas of the web site or Salute Wine Market, LLC computer systems. It is your obligation to promptly update your registration to keep it accurate, current and complete and to maintain the confidentiality of your Account and password. If you have reason to believe that your Account is no longer secure, you must promptly change your password and notify Salute Wine Market of the problem by email to sales@salutewinemarket.com. | | | Salute! Wine Market may terminate your Account at Salute! Wine Market.com with or without cause at any time effective immediately with or without notice. Notwithstanding any termination or expiration of your Account or membership, the provisions entitled "Copyright and Trademark", "Disclaimer of Warranties", "Limitation of Liability" and "Miscellaneous Provisions" shall survive. | | | Salute Wine Market, LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in an unauthorized manner, please provide Salute Wine Market's designated copyright agent listed below with the following information in a written notice: | § A description of the intellectual property that you claim has been infringed; § A description of where the material that you claim is infringing is located on the web site; § Your address, telephone number and email address; § A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, its agent or by law; § A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; § Your electronic or physical signature. § Salute Wine Market's designated agent is Customer Service, PO BOX 2, Winchester, Va 22604 | | | You agree that Salute Wine Market, LLC and its licensors may make improvements and/or changes in the Site Content and services or events described in this web 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 web site may not be legal by certain persons or in certain countries. Salute Wine Market shall be excused from performance under this Terms of Use if it is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use 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 Salute Wine Market's control. If any provision of these Terms of Use 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 Salute Wine Market to enforce any provision in these Terms of Use shall not constitute a waiver of such provision. The Terms of Use, together with the Salute Wine Market Privacy Policy and the other policies stated on the web site, comprises the entire agreement between you and Salute Wine Market regarding this subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. In the event that these Terms of Use conflict with any term or condition of our other policies, the terms and conditions of these Terms of Use shall control. These Terms of Use will inure to the benefit of Salute Wine Market's successors, assigns, and licensors. The laws of the State of Virginia 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 Use, the Privacy Policy or any other policy contained on the web site. You agree to submit to the jurisdiction of the courts located in Frederick County, in the State of Virginia, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the web site. | | If you have any questions about these Terms of Use, please email us at sales@salutewinemarket.com or call us 540-535-2171. |
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