Uncorked Commerce Terms of Service
This website (the “Site”) utilizes technology and services provided by Rite Enterprises Inc. (the “Company”). By accessing this Site, you accept these terms and conditions. Do not continue to use the Site if you do not agree to the terms and conditions set forth below.
The Company may, in its sole discretion, modify these terms and conditions at any time effective upon posting the modified terms and connections, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Site. YOUR CONTINUED USE OF THE SITE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS AND CONDITIONS.
Subject to full compliance with these terms and conditions, the Company grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Site, and the Company’s technology utilized in the Site, for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site, the Company’s technology, or any of the Site’s content for any purpose except for your personal use and as described in these terms and conditions, without the express written consent of the Company. The Company may modify, update, suspend or discontinue its support of the Site, in whole or in part, at its sole discretion for any or no reason, at any time and with or without notice. The Company shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
COMPANY’S ROLE AS AN INTERMEDIARY
The Company does not sell, offer to sell or solicit sales of, or deliver alcohol or other products. The Company allows you to search for alcohol and other products available for sale by licensed alcohol retailers (“Licensed Retailers”) that use the Company’s e-commerce services. The Company and the Site may not be used to and is not intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcohol beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. The Site shows you product availability, price and other information based on information provided to the Company by Licensed Retailers and based on your location and/or information you provide.
The Company does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Licensed Retailers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Licensed Retailer, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Licensed Retailer, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Licensed Retailer exclusively and do not involve the Company.
When you finalize your purchase, your payment method will be charged by a third-party payment provider who processes, transfers, and delivers funds to Licensed Retailers. Sales are between you and the Licensed Retailer, and the Company will not be responsible for any billing disputes between you and the Licensed Retailer. If you need to cancel an order, you should contact the Licensed Retailer. Any decision to cancel or refund a purchase is solely the decision of the Licensed Retailer. Any disputes regarding order cancellation or refund are between you and the Licensed Retailer, and the Company will not be responsible for any order cancellation or refund disputes between you and the Licensed Retailer.
The prices published on the Site are based on pricing information provided to the Company by Licensed Retailers and may not always reflect the prevailing pricing. The Licensed Retailers reserve the right to determine final prices of all their products. The Licensed Retailers and/or a delivery service employed by the Licensed Retailers may charge you additional fees. Your order, including delivery fees, may be subject to tax.
Licensed Retailers may offer promotions. You understand and agree that the price listed at purchase includes or does not include any promotion depending on the Licensed Retailers offering of any promotion. You understand and agree that the price listed and paid by you is the final and agreed upon price between you and Licensed Retailer (subject to any additional taxes, delivery fees, restocking fees, etc.).
You understand and agree that any individual ordering, accepting, and/or picking up an order must be over 21 and may be required to provide photo identification demonstrating that they are of sufficient age. The Company shall not be responsible for the policies of Licensed Retailers regarding the confirmation of a person’s age or a Licensed Retailer’s decision that a particular person is not of sufficient age.
DISCLAIMER OF WARRANTIES
You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects the content on or in connection with the Site may have on you; how you may interpret or use the content on or in connection with the Site; or what actions you may take as a result of having been exposed to the content on or in connection with the Site. You release the Company from all liability for you having acquired or not acquired content or information through the Site. The Company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of information on the Site, including information provided by or regarding Licensed Retailers, and assumes no responsibility for any errors or omissions therein.
YOUR ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
The Site may display links to other Internet sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE USE/CONSUMPTION OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (D) STATEMENTS OR CONDUCT OF ANY LCIENSED RETAILER OR OTHER THIRD PARTY THROUGH THE SITE; (E) ANY OTHER MATTER RELATING TO THE SITE; (F) ANY BREACH OF THIS AGREEMENT BY THE COMPANY OR THE FAILURE OF THE COMPANY TO PROVIDE THE SITE UNDER THIS AGREEMENT OR (G) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY LICENSED RETAILERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
If, for any reason, a court or arbitral body finds the Company liable for damages notwithstanding the foregoing, in no event shall the Company's total liability for all damages exceed the amount paid by you to the Company for your use of the Site. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. NEITHER THE COMPANY NOR THE LICENSED RETIALERS SHALL BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER "ACTS OF GOD" DURING TRANSPORTATION. "ACTS OF GOD" INCLUDE UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS. You agree that the above limitations of liability together with the other provisions in these terms and conditions that limit liability are essential terms of these terms and conditions and that the Company would not be willing to grant you the rights set forth in these terms and conditions but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce the Company to grant you the rights set forth in these terms and conditions.
You agree to indemnify, defend and hold harmless the Company, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these terms and conditions by you; (b) the inaccurate or untruthful information provided by you to the Company or that you submit, transmit or otherwise make available through the Sitee; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. The Company will have sole control of the defense of any such damage or claim.
TRADEMARKS AND COPYRIGHT
The Company’s graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of the Company in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all content and material made available on the Site is protected by copyright law. All materials and other information on the Site, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of the Company, the Licensed Retailers, and/or its licensors and are protected by all United States and international copyright laws.
You agree that a breach of these terms and conditions will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy. The Company shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
DELAYS AND ACCESIBILITY
The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. The Company is not responsible for any delays, failures or other damage resulting from such problems.
The Company may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that the Company reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that the Company may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to the Company.
All provisions of these terms and conditions which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
These terms and conditions constitute the entire agreement between you and the Company. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in these terms and conditions. Additional terms and conditions may exist between you and third parties, including but not limited to, Licensed Retailers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to the Company under these terms and conditions.
Arbitration, No Class Actions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act ("FAA") and federal arbitration law apply to these Terms. If you do not want to arbitrate disputes with the Company and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within 30 days of the day you first access or use the Site.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at ADR.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. The Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, based solely on written submissions or in person in the State of Minnesota or at a mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. No claim or action arising from or concerning the Site or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the State of Minnesota for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. We also both agree that the Company may bring suit in court for injunctive relief to enjoin infringement or other misuse of intellectual property rights.
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota,without giving effect to any choice or conflict of law provision or rule (either of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota.
If any provision of these terms and conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms and conditions shall otherwise remain in full force and effect and enforceable.
These terms and conditions are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. We may transfer, assign or delegate the terms and conditions and its rights and obligations without consent.
Users of this Site are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these terms and conditions or use of the Site.