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Terms of Use

 

 

Welcome to the Internet sites of Bacovino. ("Bacovino.com").

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PLEASE NOTE THAT YOUR USE OF THE BACOVINO 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 BACOVINO SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE BACOVINO 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 BACOVINO FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE BACOVINO SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

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User Obligations

You agree not to do any of the following while using the Bacovino Site:

Intentionally or unintentionally violate any applicable law or regulation.

Access, tamper with, or use nonpublic areas of the Bacovino site or Bacovino computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

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The Sale of Alcoholic Beverages

Bacovino does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Bacovino makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Bacovino is over the age of 21. You also agree that any alcohol purchased from Bacovino is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Bacovino will prosecute you fully to the extent allowable by law.

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Title and Ownership

Title to, and ownership of, all wine passes from Bacovino to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Bacovino is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Bacovino, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

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Parental Control Protections

As required by the Communications Decency Act of 1996, Bacovino hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Bacovino does not sponsor or endorse any of these companies or their services.

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Protection of Content Provided by Bacovino

All text, graphics, logos, icons, images, audio clips and software on the Bacovino Site ("Site Content") are copyrighted materials owned by or licensed to Bacovino. The Site Content may contain trademarks, service marks and trade names which are owned by Bacovino 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 Bacovino, its affiliates, or third parties. "Bacovino" is a trademark of Bacovino. Unless authorized in writing by an officer of Bacovino, Bacovino trademarks may not be used in connection with any product or service that is not Bacovino, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bacovino. 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 Bacovino 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 Bacovino Site. Nothing contained in the Bacovino 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 Bacovino, 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 Bacovino, its affiliates, and/or any third party, as applicable.

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Copyrights and Designated Agent For Notification of Claims of Infringement

Bacovino 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 Bacovino Designated Agent the following information:

  • Bacovino Policy Concerning Claims of Infringement

  • Written Notice of Copyright Claims.

  • Claims of infringement should be in writing and should be directed to Bacovino designated agent as specified below. Please include the following information:

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Notices

Bacovino will give you any necessary notices by posting them on the Bacovino Site. You authorize Bacovino to send notices via electronic mail as well if Bacovino decides, in its sole discretion, to do so. You agree to check the Bacovino 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 Bacovino Site.

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Disclaimer of Warranties

ALTHOUGH BACOVINO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE BACOVINO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE BACOVINO SITE. BACOVINO DOES NOT WARRANT THAT YOUR USE OF THE BACOVINO SITE, OR THE OPERATION OR FUNCTION OF THE BACOVINO 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.

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YOUR USE OF THE BACOVINO 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. BACOVINO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE BACOVINO SITE. THE WBACOVINO 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.

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Limitation of Liability

IN NO EVENT SHALL BACOVINO 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 BACOVINO SITE, THE USE OR PERFORMANCE OF THE BACOVINO SITE, THE DELAY OR INABILITY TO USE THE BACOVINO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BACOVINO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BACOVINO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BACOVINO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BACOVINO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BACOVINO SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS BACOVINO LIABILITY OR YOUR REMEDIES.

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Termination of your Bacovino Account

Bacovino may terminate your Bacovino Account with or without cause at any time effective immediately.

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No Responsibility to Sell Mispriced Products or Services

Bacovino shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Bacovino shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Bacovino shall immediately issue a credit to your credit card account in the amount of the charge.

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Modifications to Prices or Billing Terms

BACOVINO RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

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Force Majeure

Bacovino shall be excused from performance under this Terms of Service if Bacovino 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 Bacovino.

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Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from Bacovino Limitation of Liability, Indemnity and General Provisions.

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General Provisions

You agree that Bacovino and its licensors may make improvements and/or changes in the Site Content and services or events described in this 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 Bacovino Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 Bacovino to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bacovino in writing. The Terms of Service comprises the entire agreement between you and Bacovino and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Bacovino. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Bacovino shall be null and void. These Terms of Service will inure to the benefit of Bacovino successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. Washington law 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 Service. You agree to submit to the jurisdiction of the courts of Washington State, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.

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