Terms of Service

Terms of Service

User Agreement

Welcome to the Internet sites of Wine & Liquor Superstore. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Wine & Liquor Superstore. By using these websites and any emails or communications received from Wine & Liquor Superstore (collectively called the "Services"), you consent and agree to these terms and conditions.

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

Shipping/Delivery

At this time, we do not offer shipping or delivery.

User Obligations

You agree not to do any of the following while using the Wine & Liquor Superstore Site:

• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use non-public areas of the Wine & Liquor Superstore Site or Wine & Liquor Superstore's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• Frame or link to the Wine & Liquor Superstore Site except as permitted in writing by Wine & Liquor Superstore.

Copyright

The compilation (meaning the collection, arrangement, and assembly) of all content on wineliquorsuperstore.winefetch.com is the exclusive property of Wine & Liquor Superstore and is protected by U.S. and international copyright laws.

Wine & Liquor Superstore and its Services are protected by copyright as a collective work and/or compilation. Information, compilations of information, graphics, and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2004 - 2022 by Wine & Liquor Superstore. Unless otherwise explicitly stated by Wine & Liquor Superstore, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Wine & Liquor Superstore.

Protection of Content Provided by Wine & Liquor Superstore and Its Licensors

All text, graphics, logos, icons, images, audio clips, and software on the Wine & Liquor Superstore Site ("Site Content") are copyrighted materials owned by or licensed to Wine & Liquor Superstore or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks, and trade names that are owned by Wine & Liquor Superstore and its affiliates, and may also contain brand and product names that are trademarks, service marks, or trade names that 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 Wine & Liquor Superstore, its affiliates, or third parties. "Wine & Liquor Superstore" is a trademark of Wine & Liquor Superstore. Unless authorized in writing by an officer of Wine & Liquor Superstore, Wine & Liquor Superstore's trademarks may not be used in connection with any product or service that is not Wine & Liquor Superstore's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine & Liquor Superstore. 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 the prior written consent of Wine & Liquor Superstore or the rights holder. You may not use the Site Content on any other website 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 Wine & Liquor Superstore Site. Nothing contained in the Wine & Liquor Superstore 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 Wine & Liquor Superstore, 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 Wine & Liquor Superstore, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement

Wine & Liquor Superstore 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 Wine & Liquor Superstore's Designated Agent with the following information:

1. Wine & Liquor Superstore's Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Wine & Liquor Superstore's designated agent as specified below. Please include the following information:

• A signature of a person authorized
• 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.

Submit the information above to the following designated copyright agent: customercare@bronxliquor.com

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence received and Communication

Wine & Liquor Superstore reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Wine & Liquor Superstore may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Wine & Liquor Superstore.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Wine & Liquor Superstore any information that (i) restricts or inhibits any other user from using or enjoying Wine & Liquor Superstore, (ii) in Wine & Liquor Superstore' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Notices

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

Disclaimer; No Warranty

Wine & Liquor Superstore makes no representations or warranties as to the accuracy of the Content. Wine & Liquor Superstore is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Wine & Liquor Superstore of the error or omission; however, Wine & Liquor Superstore does not warrant that such error or omission will be corrected.

All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Wine & Liquor Superstore has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

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

YOUR USE OF THE WINE & LIQUOR SUPERSTORE 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. WINE & LIQUOR SUPERSTORE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE & LIQUOR SUPERSTORE SITE. THE WINE & LIQUOR SUPERSTORE 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.

Limitation of Liability

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

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

You agree to indemnify, defend, and hold harmless Wine & Liquor Superstore and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising out of your use of the Services or any breach by you of these Terms and Conditions. Wine & Liquor Superstore reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter related hereto without the written consent of Wine & Liquor Superstore.

Wine & Liquor Superstore shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Wine & Liquor Superstore does not warrant that the Services will be uninterrupted, error-free, or virus free; nor does Wine & Liquor Superstore make any warranty as to the results to be obtained from the use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. WINE & LIQUOR SUPERSTORE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Wine & Liquor Superstore shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Wine & Liquor Superstore Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Wine & Liquor Superstore. Wine & Liquor Superstore neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Wine & Liquor Superstore Site by anyone other than authorized Wine & Liquor Superstore employees acting in their official capacities.

External sites

The Wine & Liquor Superstore Site may contain links to other websites or resources. You acknowledge and agree that Wine & Liquor Superstore is not responsible or liable for (1) the availability or accuracy of such websites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Wine & Liquor Superstore Site does not imply that Wine & Liquor Superstore endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Wine & Liquor Superstore and its sites do not constitute an endorsement by Wine & Liquor Superstore of any third-party products or services.

Modification

Wine & Liquor Superstore may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Wine & Liquor Superstore reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

Privacy Policy

Your use of the Wine & Liquor Superstore Site is governed by the Wine & Liquor Superstore Privacy Policy.

Force Majeure

Wine & Liquor Superstore shall be excused from performance under this Terms of Service if Wine & Liquor Superstore 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 Wine & Liquor Superstore.

Survival

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

General Provisions

You agree that Wine & Liquor Superstore 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 Wine & Liquor Superstore 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 Wine & Liquor Superstore 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 Wine & Liquor Superstore in writing. The Terms of Service, along with the Wine & Liquor Superstore Privacy Policy, comprises the entire agreement between you and Wine & Liquor Superstore 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 Wine & Liquor Superstore. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Wine & Liquor Superstore shall be null and void. These Terms of Service will inure to the benefit of Wine & Liquor Superstore's 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. California 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 located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

Acceptance; Miscellaneous

Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Wine & Liquor Superstore. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Wine & Liquor Superstore with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.

If you have any questions about these Terms of Service, please email us at customercare@bronxliquor.com.