Terms of Use

TERMS OF USE

LAST UPDATED: April 30, 2010

 

Contractual Agreement

 

Through any use of the Website, you signify that you have read these Terms of Use and agree to be bound by and comply with them at all times.  If you do not agree to be bound by these Terms of Use, please promptly refrain from any use of the Website.  We reserve the right to modify these Terms of Use at any time and will publish notice of any such modifications on-line at the Website.  By continuing to access the Website after notice of such modifications have been published, you signify your agreement to be bound by them.

 

Subscriptions; Charges on Wine Club Member’s Billing Account

 

(a) General. www.BoutiqueWineRoom.com bills you through an online account (your "Billing Account") for wine club shipments. You agree to pay www.BoutiqueWineRoom.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize www.BoutiqueWineRoom.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Boutique Wine Room reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. Subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY CONTRACTORCOMMUNITY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT BILLING INFORMATION. IF YOU FAIL TO PROVIDE CONTRACTORCOMMUNITY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT CONTRACTORCOMMUNITY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If www.BoutiqueWineRoom.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Auto-renewal. Your www.BoutiqueWineRoom.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current subscription rate. To change or resign your subscription at any time, go to Billing Information on your Member’s page. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(f) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that www.BoutiqueWineRoom.com is authorized to charge your Payment Method. www.BoutiqueWineRoom.com may submit those charges for payment and you will be responsible for such charges. This does not waive www.BoutiqueWineRoom.com’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

 

Participation Disclaimer

 

www.BoutiqueWineRoom.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.BoutiqueWineRoom.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.BoutiqueWineRoom.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.BoutiqueWineRoom.com in its sole discretion.

 

Modifications to Service

 

www.BoutiqueWineRoom.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that www.BoutiqueWineRoom.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Rules of Conduct

 

You agree to be responsible for your own postings and will use the Website in accordance with all applicable laws. You further agree that you will make no postings to the Website that involve any of the following:

 

  • Offering of securities for sale, barter or exchange
  • Content that harasses, defames, threatens, stalks or violates the legal rights of others
  • Statements that are bigoted, hateful or racially offensive
  • Content that discusses illegal activities with the intent to commit them
  • Content that impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity
  • Content that infringes another's intellectual property, including, but not limited to, trade secrets, trademarks and copyrights of any type whatsoever
  • Content that contains obscene , sexually explicit, or vulgar language or images
  • Conducting of contests, distributing chain letters, or conducting “pyramid schemes” or “multi-level marketing” schemes
  • Content that violates any applicable local, state, national or international law in connection with your use of the website.  This includes, among other things ,and securities laws or regulations.

 

Additionally, you will not take any action that imposes or may impose (in our sole discretion) an unreasonable load on our infrastructure; copy reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Website) from the Website without the prior express written permission of the Website and the appropriate third party, as applicable; interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website; or bypass any measures we may use to prevent or restrict access to the Website or any subparts of the Website.

 

www.BoutiqueWineRoom.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.BoutiqueWineRoom.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Typographical Errors

 

In the event that a www.BoutiqueWineRoom.com product is mistakenly listed at an incorrect price, www.BoutiqueWineRoom.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.BoutiqueWineRoom.com reserves 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 cancelled, www.BoutiqueWineRoom.com shall issue a credit to your credit card account in the amount of the incorrect price.

 

Licenses

 

In consideration for your agreement to these Terms of Use, www.BoutiqueWineRoom.com grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Website. You may access the material on the Website only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information obtained from the Website is permissible rests with you.

 

By posting to or otherwise engaging in any communication within the Website, you are granting to us the Website (or any of our assignees) a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, message, files or communication.

 

Limitation of Use

 

Although we do not routinely monitor the content of the Website, we reserve the right to remove material from the Website, block your access as we deem appropriate, or take other action with respect to the content in our sole discretion, although we are under no obligation to do so.

 

Choice of Law/Forum

 

You agree that any dispute with www.BoutiqueWineRoom.com arising out of or relating to these Terms of Use or any content posted to the Website, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Mateo County, California as the legal forum for any such dispute. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.BoutiqueWineRoom.com products) must be commenced within one (1) year after the claim or cause of action arises. www.BoutiqueWineRoom.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.BoutiqueWineRoom.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Disclaimer of Warranty/Limitation of Liability

 

THE WEBSITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

www.BoutiqueWineRoom.com does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy, completeness or suitability of any content contained on the Website or of content accessible through links available on the Website. www.BoutiqueWineRoom.com does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.

 

YOU AGREE THAT www.BoutiqueWineRoom.com WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITE OR ANY LINKS CONTAINED THEREIN, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR THROUGH LINKS CONTAINED ON THE WEBSITE.  IN PARTICULAR, THE WEBSITE WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY LINKS CONTAINED THREIN, OR YOUR PURCHASES OF ANYTHING AT OTHER WEBSITES WHICH ARE LINKED WITHIN THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, OR THROUGH LINKS CONTAINED ON THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

 

Trademarks

 

“Boutique Wine Room” and www.BoutiqueWineRoom.com are trademarks of www.BoutiqueWineRoom.com.  All other proprietary tools within the Website are trademarks of www.BoutiqueWineRoom.com.  All other brands and names are the property of their respective owners.  All graphics on the Website are trademarks of www.BoutiqueWineRoom.com.  Use, reproduction, copying or redistribution of trademarks, without the written permission of www.BoutiqueWineRoom.com, is prohibited. All other trademarks or service marks appearing on the Websites are the marks of their respective owners.

Reporting Violations

 

If you believe that any use of the Website violates these Terms of Use, we encourage you to contact us by email at wineclub@BoutiqueWineRoom.com. www.BoutiqueWineRoom.com cannot guarantee that any action will be taken as a result of your email.

 

Unauthorized Use

 

Unauthorized use of the Website in connection with these Terms of Use may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

 

Indemnification

 

You agree to defend, hold harmless and indemnify www.BoutiqueWineRoom.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by www.BoutiqueWineRoom.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against www.BoutiqueWineRoom.com: (a) in connection with your use of the Website including, without limitation, any payment obligations incurred through use of the Website; or (b) resulting from: (i) your use of the Website (ii) your decision to supply credit information via the Website, including, without limitation, personal financial information; (iii) your decision to submit postings; (iv) your breach of any provision of these Terms of Use; and/or (v) any negligent or intentional wrongdoing by any user of the Website. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense.

 

Government Reporting

 

We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

 

Integration

 

These Terms of Use constitute the entire agreement between you and us and any www.BoutiqueWineRoom.com-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

 

Successors and Assigns

 

These Terms of Use inure to the benefit of www.BoutiqueWineRoom.com’s successors, assigns and licensees. If any provision of these Terms of Use are deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction, then that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.  The failure of www.BoutiqueWineRoom.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Outages

 

You acknowledge and agree that the Website will experience outages from time to time during which users of the Website may be unable to fully access or utilize the features of the Website.   

 

Termination Process

 

You may terminate your membership and/or subscription at any time, for any reason.  To terminate service, select “My Account” and then choose “Cancel Membership” from options on the left column of the screen.  If you terminate your membership and/or subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).  Following the termination of your membership, we may keep your name and contact information for our internal record-keeping and reserve the right to contact you in connection with your past membership or use of the Website, if we believe such contact is appropriate.