Please note that your use of the MyrtleLeafWine.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 MyrtleLeafWine.com site or any information or materials contained on the site. Your use of the MyrtleLeafWine.com site shall be considered to be your agreement to abide by each of the terms set forth below. The Terms of Service may be updated by MyrtleLeafWine.com from time to time with or without notice to you. Your continued use of the MyrtleLeafWine.com site indicates acceptance of any modifications to the Terms of Service.
You agree not to do any of the following while using the MyrtleLeafWine.com site:
Intentionally or unintentionally violate any applicable law or regulation;
Access, tamper with, or use nonpublic areas of the MyrtleLeafWine.com site or MyrtleLeafWine.com’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution;
You will not access the MyrtleLeafWine.com Site with any manual or automated process for any purpose other than to purchase MyrtleLeafWine.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Wine.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes; or
Frame or link to the MyrtleLeafWine.com site except as allowed in writing by MyrtleLeafWine.com.
THE SALE OF ALCOHOLIC BEVERAGES
MyrtleLeafWine.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. MyrtleLeafWine.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 MyrtleLeafWine.com is over the age of 21. You also agree that any alcohol purchased from MyrtleLeafWine.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, you will be subject to prosecution or legal liability to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from MyrtleLeafWine.com to the purchaser at the warehouse and state in which it is purchased, and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, MyrtleLeafWine.com is providing a service to, and acting on behalf of the purchaser. By using this service from MyrtleLeafWine.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine, and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events, or other information or content expressed or made available on this MyrtleLeafWine.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of MyrtleLeafWine.com. MyrtleLeafWine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this MyrtleLeafWine.com site by anyone other than authorized MyrtleLeafWine.com employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
MyrtleLeafWine.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. MyrtleLeafWine.com does not sponsor or endorse any of these companies or their services.
The MyrtleLeafWine.com site may contain links to other web sites or resources. You acknowledge and agree that MyrtleLeafWine.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 MyrtleLeafWine.com site does not imply that MyrtleLeafWine.com endorses the linked site.
10-DAY RETURN/CANCELLATION POLICY – UNUSED PRODUCTS ONLY
Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To return your wine, please contact us at [email protected] If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase.
DAMAGED IN SHIPMENT
If you receive your wine and it has been damaged during shipment, please email us within 3 days of receiving the shipment at [email protected] Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 days of notice of approval.
We only replace items if they are defective or damaged. If you need to exchange a defective or damaged item for the same item, send us an email at [email protected]
PROTECTION OF CONTENT PROVIDED BY MYRTLELEAFWINE.COM AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips, and software on the MyrtleLeafWine.com site (“Site Content”) are copyrighted materials owned by or licensed to MyrtleLeafWine.com. The Site Content may contain trademarks, service marks, and trade names which are owned by MyrtleLeafWine.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 MyrtleLeafWine.com, its affiliates, or third parties. “MyrtleLeafWine.com” is a trademark of MyrtleLeafWine.com or Myrtle Leaf California Wine Company LLC. Unless authorized in writing by an officer of MyrtleLeafWine.com, MyrtleLeafWine.com’s trademarks may not be used in connection with any product or service that is not MyrtleLeafWine.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyrtleLeafWine.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 MyrtleLeafWine.com 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 MyrtleLeafWine.com site. Nothing contained in the MyrtleLeafWine.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 MyrtleLeafWine.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 MyrtleLeafWine.com, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
MyrtleLeafWine.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 contact MyrtleLeafWine.com’s Designated Agent. Claims of infringement should be in writing and should be directed to MyrtleLeafWine.com’s designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
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; and
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.
MYRTLELEAFWINE.COM will give you any necessary notices by posting them on the MyrtleLeafWine.com site. You authorize MYRTLELEAFWINE.COM to send notices via electronic mail as well if MYRTLELEAFWINE.COM decides, in its sole discretion, to do so. You agree to check the MyrtleLeafWine.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 MyrtleLeafWine.com site.
DISCLAIMER OF WARRANTIES
ALTHOUGH MYRTLELEAFWINE.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE MYRTLELEAFWINE.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY OR RELIABILITY OR ANY USE OF INFORMATION ON THE MYRTLELEAFWINE.COM SITE. MYRTLELEAFWINE.COM DOES NOT WARRANT THAT YOUR USE OF THE MYRTLELEAFWINE.COM SITE, OR THE OPERATION OR FUNCTION OF THE MYRTLELEAFWINE.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 MYRTLELEAFWINE.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. MYRTLELEAFWINE.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE MYRTLELEAFWINE.COM SITE. THE MYRTLELEAFWINE.COM SITE CONTENT IS 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 MYRTLELEAFWINE.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 MYRTLELEAFWINE.COM SITE, THE USE OR PERFORMANCE OF THE MYRTLELEAFWINE.COM SITE, THE DELAY OR INABILITY TO USE THE MYRTLELEAFWINE.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE MYRTLELEAFWINE.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYRTLELEAFWINE.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ,OR OTHERWISE, EVEN IF MYRTLELEAFWINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MYRTLELEAFWINE.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MYRTLELEAFWINE.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MYRTLELEAFWINE.COM’S LIABILITY OR YOUR REMEDIES.