Terms of Service

Welcome to the Internet site of Foolhardy Vintners. ("foolhardyvintners.com").

PLEASE NOTE THAT YOUR USE OF THE FOOLHARDY VINTNERS 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 FOOLHARDY VINTNERS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE FOOLHARDY VINTNERS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW AND INCLUDED IN OUR POLICIES. THE TERMS OF SERVICE AND OUR POLICIES MAY BE UPDATED BY FOOLHARDY VINTNERS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE FOOLHARDY VINTNERS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

 Please see the referenced Shipping and Privacy Policies.

 User Obligations

You agree not to do any of the following while using the Foolhardy Vintners Site:

Intentionally or unintentionally violate any applicable law or regulation.

Access, tamper with, or use nonpublic areas of the Foolhardy Vintners site or Foolhardy Vintners computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

The Sale of Alcoholic Beverages

Foolhardy Vintners 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. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Foolhardy Vintners is over the age of 21. You also agree that any alcohol purchased from Foolhardy Vintners is intended for personal consumption and not for resale.

Title and Ownership

Title to, and ownership of, all wine passes from Foolhardy Vintners to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Foolhardy Vintners is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Foolhardy Vintners, 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.

Protection of Content Provided by Foolhardy Vintners

 All text, graphics, logos, icons, images, audio clips and software on the Foolhardy Vintners Site ("Site Content") are copyrighted materials owned by or licensed to Foolhardy Vintners. The Site Content may contain trademarks, service marks and trade names which are owned by Foolhardy Vintners 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 Foolhardy Vintners, its affiliates, or third parties. 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 Foolhardy Vintners or the rights holder. You may not use the Site Content on any other web site 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 Foolhardy Vintners Site. Nothing contained in the Foolhardy Vintners 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 Foolhardy Vintners, 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 Foolhardy Vintners, its affiliates, and/or any third party, as applicable.

Notices

Foolhardy Vintners will give you any necessary notices by posting them on the Foolhardy Vintners Site. You authorize Foolhardy Vintners to send notices via electronic mail as well if Foolhardy Vintners decides, in its sole discretion, to do so. You agree to check the Foolhardy Vintners 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 Foolhardy Vintners Site.

Disclaimer of Warranties

ALTHOUGH FOOLHARDY VINTNERS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE FOOLHARDY VINTNERS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE FOOLHARDY VINTNERS SITE. FOOLHARDY VINTNERS DOES NOT WARRANT THAT YOUR USE OF THE FOOLHARDY VINTNERS SITE, OR THE OPERATION OR FUNCTION OF THE FOOLHARDY VINTNERS 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 FOOLHARDY VINTNERS 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. FOOLHARDY VINTNERS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE FOOLHARDY VINTNERS SITE. THE FOOLHARDY VINTNERS SITE CONTENT 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 FOOLHARDY VINTNERS 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 FOOLHARDY VINTNERS SITE, THE USE OR PERFORMANCE OF THE FOOLHARDY VINTNERS SITE, THE DELAY OR INABILITY TO USE THE FOOLHARDY VINTNERS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FOOLHARDY VINTNERS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FOOLHARDY VINTNERS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOOLHARDY VINTNERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FOOLHARDY VINTNERS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOOLHARDY VINTNERS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS FOOLHARDY VINTNERS LIABILITY OR YOUR REMEDIES. 

Termination of your Foolhardy Vintners Account

Foolhardy Vintners may terminate your Foolhardy Vintners Account with or without cause at any time effective immediately.

No Responsibility to Sell Mispriced Products or Services 

Foolhardy Vintners shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Foolhardy Vintners shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Foolhardy Vintners shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms

FOOLHARDY VINTNERS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

General Provisions

You agree that Foolhardy Vintners and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Foolhardy Vintners Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Foolhardy Vintners to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Foolhardy Vintners in writing. The Terms of Service comprises the entire agreement between you and Foolhardy Vintners and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. 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 Foolhardy Vintners. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Foolhardy Vintners shall be null and void. These Terms of Service will inure to the benefit of Foolhardy Vintners successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. Washington law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts of Washington State, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.