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1. ACCEPTANCE OF TERMS
Welcome to J & D WineShop! By using Janddwines.com you are subject to the following Conditions of Use ("COU"), which may be updated by us from time to time without notice.
If you do not agree to the terms, you are not authorized to use this site.
2. USE OF WWW.JANDDWINES.COM and WWW.JANDDWINES.COM/OSC
By using www.janddwines.com you represent and warrant that you are at least 21 years of age.
3. ELECTRONIC COMMUNICATION.
When you visit our Site, purchase products or services through the Site, or instigate contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. PRIVACY
Please review our posted Privacy Policy to understand our uses and practices about how we use and collect information from users of our Sites.
5. PRODUCT DETAILS
J & D WineShop attempts to be as accurate as possible with our product descriptions. However, J & D WineShop does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON OUR SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
6. INDEMNIFICATION AGREEMENT
You agree to indemnify and hold J & D WineShop, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. CHANGE OF SERVICE
J & D WineShop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that J & D WineShop shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. COPYRIGHTS
J & D WineShop respects the intellectual property rights of others and we ask our users to do the same. Except as expressly authorized by J & D WineShop, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Janddwines.com, in whole or in part.
The J & D WineShop site and all its contents are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our web site is the exclusive property of J & D WineShop and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the J & D WineShop site as expressly authorized. Nothing contained herein transfers any express or implied right, title or interest in this web site to you.
9. NO WARRANTIES
J & D WineShop does not warrant that the J & D WineShop website will operate error-free or that the J & D WineShop website and its server are free of computer viruses and other harmful components. If your use of the J & D WineShop site results in the need for services or replacing equipment or data, J & D WineShop is not responsible for those costs.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE J & D WINESHOP SITE WHICH IS PROVIDED "AS IS". TO THE GREATEST EXTENT PERMITTED BY LAW, J & D WINESHOP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL J & D WINESHOP BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, RELATED TO THE J & D WINESHOP SITE OR ARISING OUT OF THIS AGREEMENT, EVEN IF J & D WINESHOP HAS BEEN ADVISED OF A POSSIBILITY OF SUCH DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO J & D WINESHOP SHALL BE DEEMED TO INCLUDE J & D WINESHOPS EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, LICENSEES, REPRESENTATIVES AND SUBCONTRACTORS, SUPPLIERS AND DISTRIBUTORS.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF THE FORGOING WARRANTIES, LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER CLAIMS AND DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, J & D WINESHOPS LIABILITY IS LIMITED TO THE GREATEST EXTENT SUCH LIMITATION IS PERMITTED TO LAW. |
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