This represents the Website Terms of Service Agreement (the “Agreement”) between you and Silverlake Wine LLC (hereafter referred to as “Company”), a California limited liability company, with respect to this website located at http://silverlakewine.com (the “Site”), as of November 5, 2014. By using the Site or any of the services provided in connection with the Site (the “Services”), you agree to abide by this Agreement. Company is engaged in the business of and the Services include selling alcoholic beverages including wine, beer, spirits, and related paraphernalia (the “Alcoholic Goods”) both at its physical location in California and through the Site for delivery to various other jurisdictions. BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE AND AUTHORIZED TO AND DO HEREBY ENTER INTO THIS AGREEMENT. This Agreement is binding.
By using this Site, you agree that the person ordering and receiving any Alcoholic Goods from Company is over the age of 21. Company makes its best efforts to ensure that Alcoholic Goods are not delivered to anyone under the age of 21. In addition, Alcoholic Goods received from Company are intended only for personal, reasonable consumption and use and may not be resold. Upon purchase, title to the Alcoholic Goods passes to you.
The Site is controlled and operated by Company from its offices in the State of California. If Company ships Alcoholic Goods to you in a jurisdiction that requires the payment of state taxes, any sales tax or other tax will be charged to you. All Alcoholic Goods shipped to federal property and Indian reservations pass to you when they are picked up by the common carrier. California Sales tax will be collected on all such purchases. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements.
The following is a list of states and territories where Company ships Alcoholic Goods as of the date listed in Section 1 above: Alaska, Arizona, California, Colorado, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oregon, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wyoming. Some of these jurisdictions may require that you meet additional burdens to receive shipped Alcoholic Goods or may prevent the shipment of one or more specific types, varieties, or strengths of alcohol or of certain amounts of alcohol.
Company does not ship Alcoholic Goods internationally at this time.
State and local law and policies surrounding the sale, transportation, distribution, and return of alcohol vary and may be amended from time to time. Company makes no representations about about the legality of shipping Alcoholic Goods to your jurisdiction. You are entirely responsible for knowing and abiding by such laws concerning the sale, transportation, or distribution of alcohol as may exist in your jurisdiction, being aware that laws may change or that the sale, transportation, or distribution of alcohol may be prohibited. You represent that you are acting in compliance with your state and local laws regarding the sale, transportation, and distribution of alcohol and Alcoholic Goods. You represent that, where required, you will obtain or have obtained permission, will pay or have paid any fees, will act or have acted through properly licensed intermediaries, are legally entitled to posses alcohol and Alcoholic Goods, and are at least 21 years old. If the laws of your jurisdiction are amended such that the sale, transportation, or distribution of alcohol becomes illegal, you may return the order for a full refund by contacting Company. For more information, please consult your state liquor control agency, a local attorney, or other knowledgeable resource.
Some Services and products available on or in connection with the Site require that you pay a purchase fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use.
You hereby grant Company a license to use any and all materials you post to the Site or the Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultatns, agents, and representatives a license to use User Content in connection with Company's operation of its business, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and make commercial use of User Content. You will not be compensated for User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
When accessing the Site or using the Services, you agree to obey the law and to respect the copyrights, trademarks, patents, trade secrets, rights of publicity, and other intellectual property rights of others. Your use of the Service and Site is at all times governed by and subject to copyright, trademark, patent, trade secret, rights of publicity, and other intellectual property ownership and use. You shall be solely responsible and liable for any violations of relevant laws and for infringements of third party rights caused by any User Content.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any user or aspect of the Site or Service found to have infringed on the rights of Company or of a third party or otherwise violated any intellectual property laws or regulations. Company policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence of, know of, or have a good faith belief in the assertion that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
(B) Identification of the copyrighted work claim to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(C) Identification of the material claimed to have been infringed or to be the subject of infringing activity and that is to be deleted, edited, or disabled, and information reasonably sufficient to permit Company to locate the material;
(D) Information reasonably sufficient to permit Company to contact the person authorized to act on behalf of the owner of the exclusive right allegedly infringed, such as address, telephone number, and email address;
(E) A statement that you have a good faith belief that use of the material in the manner complained of is unauthorized by the owner;
(F) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act n behalf of the owner of the exclusive right allegedly infringed.
For this notification to be effective, you must provide it to Company's designated agent, George Cosette, by email at firstname.lastname@example.org or by phone at 323.504.5865.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OF IMPLIED, REGARDING THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
ANY LIABILITY TO YOU ON THE PART OF THE COMPANY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISIGN OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company has no control over and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Site. Company and the Site have no control over the content and performance of these partner and affiliate sites. Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items including but not limited to websites that are owned by third parties. You acknowledge and agree that Company makes no guarantees about and assumes no responsibility for the accuracy, currency, content, or quality of this third party content and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including without limitation:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network or to breach security or authentication measures without proper authorization, understanding that any violation of system or network security may subject you to civil and/or criminal liability;
Interfering or attempting to interfere with service to any user, host, or network, including without limitation by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using the Site or Service to send unsolicited email, including without limitation promotions or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service;
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable for any of the source code used by Company in providing the Site or Service.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs including reasonable attorney fees and costs arising from your access to or use of the Site, your violation of this Agreement, or infringement by you or any other user of your account of any intellectual property or other right held by any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand and may elect to provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of the Site and Service are: Copyright ©, 2014, Company. All rights reserved.
Nothing contained in this Agreement, on the Site, or in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
This Agreement may be amended by Company from time to time in its sole discretion. Company will post a notice on the Site any time this Agreement has been changed or otherwise updated. It is your responsibility to review this Agreement periodically or upon notice of changes made. After amendments are made, your continued use of the Site constitutes agreement that you shall abide by such amendments. If at any time you find this Agreement unacceptable, please immediately leave the Site and cease all use of the Services and the Site.
Any notice required or permitted under this Agreement must be delivered in person or sent through email at EMAIL? or first class registered mail to ADDRESS?. Notice shall be considered to have been given at the time of delivery in person, at the time of receipt of email or fax, or three (3) days after deposit in the mail.
All headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any obligation, provision, or condition under this Agreement or any of the rights or obligations of the Parties.
If any obligation, provision, or condition under this Agreement is found invalid, unlawful, or unenforceable to any extent, the Parties shall try in good faith to agree to amendments that will preserve the intentions expressed in this Agreement as well as possible. If the Parties fail to agree on such amendments, the invalid obligation, provision, or condition shall be severed from the rest of this Agreement and the rest of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement shall be governed by and construed under and in accordance with the laws of the United States and of the State of STATE? without regard to choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, CA, USA in all disputes arising out of or related to the use of the Site or Service.
This Agreement contains the entire agreement between the Parties with respect to the subject matter of this Agreement. This Agreement supersedes all previous communications, representations, understandings, and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement. No obligations, provisions, or conditions of document or form that either Party may use or may have used in connection with anything under this Agreement shall have any effect on or otherwise modify the rights, duties, and obligations of the Parties, regardless of any failure to object to such obligations, provisions, or conditions. This Agreement may not be amended except by a writing to that effect signed by both Parties.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY IT.