Terms of Service

Welcome to the Internet sites of Wine.com, Inc. ("Wine.com"). Wine.com includes wine.com, akagourmet.com and other Internet sites affiliated with Wine.com, Inc., (each a "Wine.com Site"). Each Wine.com Site is operated by Wine.com, Inc., and its affiliates (collectively referred to herein as "we," "us," or "our").

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

User Obligations

You agree not to do any of the following while using the Wine.com Site:

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

The Sale of Alcoholic Beverages

Wine.com 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. Wine.com 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 Wine.com is over the age of 21. You also agree that any alcohol purchased from Wine.com 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 Wine.com will prosecute you fully to the extent allowable by law.

Third Party Content and Monitoring

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

Parental Control Protections

As required by the Communications Decency Act of 1996, Wine.com 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. Wine.com does not sponsor or endorse any of these companies or their services.

Links

The Wine.com Site may contain links to other web sites or resources. You acknowledge and agree that Wine.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Wine.com Site does not imply that Wine.com endorses the linked site.

GIFT CERTIFICATES

Gift certificates must be redeemed through the Wine.com Web site, http://www.wine.com, toward the purchase of products listed in Wine.com's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Wine.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Wine.com Web site are subject to Wine.com's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the Wine.com online at http://www.wine.com/customercare. Wine.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Wine.com Web site or is redeemed and used to make purchases on the Wine.com Web site. Wine.com may provide gift certificate purchasers with information about the redemption status of gift certificates.

WINE.COM, GIFT CERTIFICATES, INC. ("WCGC") AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Wine.com gift certificates are issued and sold by Wine.com Gift Certificates, Inc., an Idaho corporation. By visiting Wine.com, you agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.

Any dispute relating in any way to Wine.com gift certificates shall be submitted to confidential arbitration in Boise, Idaho, except that, to the extent you have in any manner violated or threatened to violate Wine.com's intellectual property rights, Wine.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

WCGC reserves the right to change these terms and conditions from time to time in its discretion.

All terms and conditions are applicable to the extent permitted by law.

Protection of Content Provided by Wine.com and Its Licensors

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

Copyrights and Designated Agent For Notification of Claims of Infringement

Wine.com 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.com's Designated Agent the following information:

1. Wine.com'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.com's designated agent as specified below. Please include the following information:

   1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
   2. A description of the copyrighted work that you claim has been infringed;
   3. A description of where the material that you claim is infringing is located on the site;
   4. Your address, telephone number, and email address;
   5. 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;
   6. 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

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

Disclaimer of Warranties

ALTHOUGH WINE.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINE.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINE.COM SITE. WINE.COM DOES NOT WARRANT THAT YOUR USE OF THE WINE.COM SITE, OR THE OPERATION OR FUNCTION OF THE WINE.COM 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.COM 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.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE.COM SITE. THE WINE.COM 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.COM 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.COM SITE, THE USE OR PERFORMANCE OF THE WINE.COM SITE, THE DELAY OR INABILITY TO USE THE WINE.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINE.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINE.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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

Privacy Policy

Your use of the Wine.com Site is governed by the Wine.com Privacy Policy.

Termination of your Wine.com Account

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

Account Maintenance Fee

For any account that has been inactive for twelve consecutive months, Wine.com reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity Wine.com will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.

Force Majeure

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

Survival

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

General Provisions

You agree that Wine.com 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.com 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.com 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.com in writing. The Terms of Service, along with the Wine.com Privacy Policy, comprises the entire agreement between you and Wine.com 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.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Wine.com shall be null and void. These Terms of Service will inure to the benefit of Wine.com'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.

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

The Terms of Service were updated July 1, 2008.