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Terms of Service


Welcome to the Internet sites of HinsdaleCellars.com, LLC.

YOUR USE OF THE HINSDALECELLARS.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE") AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, AS MAY BE MODIFIED, SUPPLEMENTED OR AMENDED FROM TIME TO TIME, AND THAT, IN ADDITION TO ANY SEPARATE LIMITATIONS OR EXCULPATIONS FROM LIABILITY SET FORTH HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HINSDALECELLARS.COM SITE.

Assumption of Risk

YOUR USE OF THE HINSDALECELLARS.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, HINSDALECELLARS.COM. MOREOVER, BY USING THIS SITE, YOU AGREE THAT YOU SHALL ACCEPT THIS SITE, THE USE THEREOF AND ALL CONTENT THEREON IN AN "AS IS, WHERE IS CONDITION, WITH ALL FAULTS" AND THAT SUCH USE, THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE HINSDALECELLARS.COM SITE AND ANY SALES MADE HEREUNDER SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE OPERATION OR FUNCTION OF THE HINSDALECELLARS.COM SITE WILL CONTINUE UNINTERRUPTED OR ERROR FREE, OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND HINSDALECELLARS.COM DOES HEREBY DISCLAIM AND RENOUNCE ANY SUCH REPRESENTATION OR WARRANTY.

YOUR USE OF THE HINSDALECELLARS.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, HINSDALECELLARS.COM. MOREOVER, BY USING THIS SITE, YOU AGREE THAT YOU SHALL ACCEPT THIS SITE, THE USE THEREOF AND ALL CONTENT THEREON IN AN "AS IS, WHERE IS CONDITION, WITH ALL FAULTS" AND THAT SUCH USE, THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE HINSDALECELLARS.COM SITE AND ANY SALES MADE HEREUNDER SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE OPERATION OR FUNCTION OF THE HINSDALECELLARS.COM SITE WILL CONTINUE UNINTERRUPTED OR ERROR FREE, OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND HINSDALECELLARS.COM DOES HEREBY DISCLAIM AND RENOUNCE ANY SUCH REPRESENTATION OR WARRANTY.

The foregoing provisions shall survive any termination of these Terms of Service.

The Sale of Alcoholic Beverages

We ship wine to legal destinations within the contiguous United States. We ship wine to legal consumers. It is a felony for minors to receive shipments containing alcohol. If a consumer under the age of 21 attempts to order and receive a wine shipment from this site, said consumer will be prosecuted to the fullest extent of the law. By placing your order through this site, you represent that you are at least 21 years old and the person to whom the delivery will be made is at least 21 years old. When your alcoholic beverages are delivered the person receiving the delivery will be required to produce identification verifying this age requirement. You also agree that any alcohol purchased from this site is intended for personal consumption and not for resale. Shipping law is changing constantly. Please be aware that changes in wine shipping laws applicable to your state can occur with little notice. You are responsible for compliance with applicable local laws, keeping in mind that access to the HinsdaleCellars.com Site may not be legal by certain persons or in certain countries.

We ship wine to legal destinations within the contiguous United States. We ship wine to legal consumers. It is a felony for minors to receive shipments containing alcohol. If a consumer under the age of 21 attempts to order and receive a wine shipment from this site, said consumer will be prosecuted to the fullest extent of the law. By placing your order through this site, you represent that you are at least 21 years old and the person to whom the delivery will be made is at least 21 years old. When your alcoholic beverages are delivered the person receiving the delivery will be required to produce identification verifying this age requirement. You also agree that any alcohol purchased from this site is intended for personal consumption and not for resale. Shipping law is changing constantly. Please be aware that changes in wine shipping laws applicable to your state can occur with little notice. You are responsible for compliance with applicable local laws, keeping in mind that access to the HinsdaleCellars.com Site may not be legal by certain persons or in certain countries.

Third Parties

Any opinions, advice, statements, offers or other information expressed or made available on this Site by third parties (including information providers and users and any links to other web sites or resources) are those of the respective creators or distributor(s) and HinsdaleCellars.com neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice, information, or statement made on this Site by anyone other than authorized HinsdaleCellars.com employees acting in their official capacities. HinsdaleCellars.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.

Protection of Intellectual Property

All information, software, data, material, logos, icons, or other information, whether tangible or intangible, and in whatever form or medium provided, set forth in this site, are copyrighted materials owned by or licensed to HinsdaleCellars.com, including any brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. "HinsdaleCellars.com" is a trademark of HinsdaleCellars.com. By using this Site, you acknowledge the validity of such trademarks and trade names which designate and identify the products that may be purchased and sold over this Site, and further acknowledge that HinsdaleCellars.com or its licensors or other third parties are the exclusive owners of such marks and names. Nothing contained in the HinsdaleCellars.com Site and no use thereof shall be construed as conferring any license or right under any patent, utility model, trademark, design, copyright, trade secret, know-how or the intellectual property right of HinsdaleCellars.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such rights in the services, products, processes or technologies described in the this Site are expressly reserved to HinsdaleCellars.com, its affiliates, and/or any third party, as applicable. The foregoing provisions shall survive any termination of these Terms of Service. Any events described within this site's content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by HinsdaleCellars.com, its affiliates, or third parties.

All information, software, data, material, logos, icons, or other information, whether tangible or intangible, and in whatever form or medium provided, set forth in this site, are copyrighted materials owned by or licensed to HinsdaleCellars.com, including any brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. "HinsdaleCellars.com" is a trademark of HinsdaleCellars.com. By using this Site, you acknowledge the validity of such trademarks and trade names which designate and identify the products that may be purchased and sold over this Site, and further acknowledge that HinsdaleCellars.com or its licensors or other third parties are the exclusive owners of such marks and names. Nothing contained in the HinsdaleCellars.com Site and no use thereof shall be construed as conferring any license or right under any patent, utility model, trademark, design, copyright, trade secret, know-how or the intellectual property right of HinsdaleCellars.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such rights in the services, products, processes or technologies described in the this Site are expressly reserved to HinsdaleCellars.com, its affiliates, and/or any third party, as applicable. The foregoing provisions shall survive any termination of these Terms of Service. Any events described within this site's content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by HinsdaleCellars.com, its affiliates, or third parties.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL HINSDALECELLARS.COM OR ANY AFFILIATE, CONTRACTOR, SUPPLIER, OFFICER, DIRECTOR OR EMPLOYEE BE LIABLE TO YOU HEREUNDER OR OTHERWISE FOR LOSS OF USE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUES, OR PRODUCT, LOSS BY REASON OF NON-OPERATION, OR INCREASED EXPENSE OF OPERATION OF ANY EQUIPMENT OR OTHER CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER THE SAME MAY BE CAUSED, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO PATENT INFRINGEMENT, BREACH OF WARRANTY, MISREPRESENTATION OR THE NEGLIGENT ACTS OR OMISSIONS, STRICT LIABILITY OR OTHER TORT OF HINSDALECELLARS.COM OR ANY SUCH AFFILIATE, CONTRACTOR, SUPPLIER, OFFICER, DIRECTOR OR EMPLOYEE.

Termination

HinsdaleCellars.com reserves the right to terminate your account with or without cause at any time, effective immediately. In the event of termination of these Terms of Service for any reason whatsoever, provisions relating to disclaimer of warranties, exculpation from consequential damages, assumption of risk, obligation to obey laws and choice of law and venue shall survive and continue in force and effect.

Force Majeure

HinsdaleCellars.com shall be excused for delays and failures to perform to the extent that the performance is delayed or prevented by a cause reasonably beyond its control, including, without limitation: (A) acts of God, fire, flood, explosion, hurricane, tornado, windstorm, epidemic, fire, flood or inundation, hurricane, storm, lightning, or other inclement weather condition; (B) delays in delivery of material and products and compliance with laws, regulations and orders of governmental authority, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, shipwreck, shortage or restriction of power supply, any act or omission of a third party, or shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure.

General Provisions

These Terms of Service shall be binding upon and inure to the benefit of HinsdaleCellars.com and shall be binding upon and inure to the benefit of its successors, assigns, personal representatives, executors and administrators. THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THESE TERMS OF SERVICE AND ANY DISPUTE CONNECTED HEREWITH SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS (EXCEPT ITS LAWS AND DECISIONS REGARDING CONFLICTS OF LAW WHICH SHALL BE DISREGARDED IN THEIR ENTIRETY), AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS LOCATED IN DUPAGE COUNTY, IN THE STATE OF ILLINOIS, FOR THE RESOLUTION OF ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE SITE. The provisions of these Terms of Service are severable and any provision which may be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions. These Terms of Service constit ute the full understanding of the parties and a complete and exclusive statement of the terms and conditions of their agreement relating to the subject matter hereof and supersedes any and all prior agreements, whether written or oral, that may exist between the parties with respect thereto. Except as otherwise specifically provided in these Terms of Service, no conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of these Terms of Service shall be binding unless made by HinsdaleCellars.com and no modification shall be effected by the acknowledgement or acceptance of documents or forms containing terms or conditions at variance with or in addition to those set forth in these Terms of Service. 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 HinsdaleCel lars.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of HinsdaleCellars.com shall be null and void. No waiver by HinsdaleCellars.com with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing signed by the party to be bound. Failure of HinsdaleCellars.com to exercise any right shall not be deemed a waiver of such right or rights in the future.

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