Terms of Use

AGREEMENT

1. This is an Agreement between you and The Old Vine, Inc. (“THE OLD VINE”). This Agreement governs your use of this Web site (the “Site”). THE COMPANY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE.
2. THE OLD VINE 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. THE OLD VINE 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 THE OLD VINE is over the age of 21. You also agree that any alcohol purchased from THE OLD VINE 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.
3. You agree not to use the Site in any way that is unlawful.
4. THE OLD VINE attempts to be as accurate as possible with our product descriptions and pricing information. However, THE OLD VINE 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.
5. THE OLD VINE does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful components. If your use of the Site results in the need for services or replacing equipment or data, THE OLD VINE is not responsible for those costs.
6. THE COMPANY WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
7. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE.
8. The Site may contain links to other web sites or resources. You acknowledge and agree that THE OLD VINE 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 Site does not imply that THE OLD VINE endorses the linked site.
9. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of laws rules.
10. The Company reserves the right to modify the terms, conditions and notices under which it offers the Site without notice. Your continued use of the Site after any such changes constitutes your agreement to such changes. The Company further reserves the right to change prices and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding order to sell product on such terms.