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Terms of Service

Welcome to cellary.com (the "Cellary Website").
PLEASE NOTE THAT YOUR USE OF THE CELLARY WEBSITE 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 CELLARY WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE CELLARY WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY CELLARY INC FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE CELLARY WEBSITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

USER OBLIGATIONS

You agree not to do any of the following while using the CELLARY Website:
• Intentionally or unintentionally violate any applicable law or regulation. • Access, tamper with, or use nonpublic areas of the CELLARY Website or CELLARY INC’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. • Frame or link to the CELLARY Website except as permitted in writing by CELLARY INC.

TERMS AND CONDITIONS OF SALE

Buyer Must be 21 to Purchase Alcohol
CELLARY INC does not sell alcohol to persons under the age of 21. By using this Website you swear and affirm that you are over the age of 21. CELLARY INC makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Website you are acknowledging that the person receiving a shipment of alcoholic beverages from CELLARY INC is over the age of 21. You also agree that any alcohol purchased from CELLARY INC 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 CELLARY INC will prosecute you fully to the extent allowable by law.

TITLE AND OWNERSHIP

Title to, and ownership of all wine passes from CELLARY INC to purchaser in the State of New York if purchased via our Brooklyn, NY location. The purchaser assumes all responsibility for shipping the wine from New York to his/her home state. By placing an order, buyer authorizes seller to act on buyer’s behalf to arrange for transportation of the buyer’s wine at the buyer’s direction. By arranging for transportation of the wine, CELLARY INC is providing a service to, and acting on behalf of the purchaser. By utilizing this service from CELLARY INC, 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. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The purchaser is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination. Alternatively, purchaser may choose to pick up the wine at seller’s location, or make shipping arrangements independent of CELLARY INC.

SHIPPING CHARGES

Unless otherwise agreed, the prices of our wines do not include charges for shipping, the cost of which varies depending on what delivery options buyer selects and may include destination, number of bottles ordered and expedited shipping and insurance protections. The appropriate shipping charges will appear in the shopping cart during checkout.
It is the purchaser’s responsibility to provide a current, shippable, physical delivery address. In the event a shipment cannot be delivered due to an incorrect address provided by the purchaser, or after three delivery attempts by the carrier, seller reserves the right to charge purchaser the applicable carrier fee for rerouting to an alternative address or re-shipping to the same address. Seller is unable to assist in arranging for shipment to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or international addresses.
If purchaser’s shipment is returned to our facility, we will not re-ship until the purchaser has provided additional shipment instruction such as an alternative deliverable address.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this CELLARY Website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CELLARY INC. CELLARY INC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this CELLARY Website by anyone other than authorized CELLARY INC employees acting in their official capacities.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, CELLARY INC 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. CELLARY INC does not sponsor or endorse any of these companies or their services.

LINKS

The CELLARY Website may contain links to other web sites or resources. You acknowledge and agree that CELLARY INC 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 CELLARY Website does not imply that CELLARY INC endorses the linked site.

PROTECTION OF CONTENT PROVIDED BY CELLARY INC AND ITS LICENSORS

All text, graphics, logos, icons, images, audio clips and software on the CELLARY Website ("Website Content") are copyrighted materials owned by or licensed to CELLARY INC. The Website Content may contain trademarks, service marks and trade names which are owned by CELLARY INC 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 Website Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by CELLARY INC, its affiliates, or third parties. "CELLARY " is a trademark of CELLARY INC. Unless authorized in writing by an officer of CELLARY INC, CELLARY INC’s trademarks may not be used in connection with any product or service that is not CELLARY INC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CELLARY INC. 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 Website Content in any way for any public or commercial purpose without prior written consent of CELLARY INC or the rights holder. You may not use the Website 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 Website 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 CELLARY Website. Nothing contained in the CELLARY Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of CELLARY INC, 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 CELLARY INC, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

CELLARY INC 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 provide CELLARY INC’s Designated Agent the following information:
1. CELLARY INC’s Policy Concerning Claims of Infringement a. Written Notice of Copyright Claims. Claims of infringement should be in writing and should be directed to CELLARY INC’s designated agent as specified below. Please include the following information: a. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the site; d. Your address, telephone number, and email address; e. 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; f. 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.

NOTICES

CELLARY INC will give you any necessary notices by posting them on the CELLARY Website. You authorize CELLARY INC to send notices via electronic mail as well if CELLARY INC decides, in its sole discretion, to do so. You agree to check the CELLARY Website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the CELLARY Website.

DISCLAIMER OF WARRANTIES

ALTHOUGH CELLARY INC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CELLARY WEBSITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CELLARY WEBSITE. CELLARY WINE DOES NOT WARRANT THAT YOUR USE OF THE CELLARY WEBSITE, OR THE OPERATION OR FUNCTION OF THE CELLARY WEBSITE, 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 CELLARY WEBSITE 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. CELLARY INC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CELLARY WEBSITE. THE CELLARY 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 CELLARY INC 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 CELLARY WEBSITE, THE USE OR PERFORMANCE OF THE CELLARY WEBSITE, THE DELAY OR INABILITY TO USE THE CELLARY WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CELLARY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CELLARY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CELLARY INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CELLARY WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CELLARY WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CELLARY INC’S LIABILITY OR YOUR REMEDIES.

PRIVACY POLICY

Your use of the CELLARY Website is governed by the Privacy Policy.

TERMINATION OF YOUR CELLARY INC ACCOUNT

CELLARY INC may terminate your CELLARY INC Account with or without cause at any time effective immediately.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

While CELLARY INC makes reasonable efforts to ensure all information on the Website is accurate, mistakes may happen. CELLARY INC 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. CELLARY INC 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, CELLARY INC shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

CELLARY INC 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.

FORCE MAJEURE

CELLARY INC shall be excused from performance under this Terms of Service if CELLARY INC is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of CELLARY INC.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from CELLARY INC, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that CELLARY INC and its licensors may make improvements and/or changes in the Website Content and services or events described in this Website, 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 CELLARY Website 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 CELLARY INC 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 CELLARY INC in writing. The Terms of Service, along with the Privacy Policy, comprises the entire agreement between you and CELLARY INC 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 CELLARY INC. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of CELLARY INC shall be null and void. These Terms of Service will inure to the benefit of CELLARY INC’s 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.

APPLICABLE LAW

By using any CELLARY INC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CELLARY INC.

ACCESSIBILITY

CELLARY INC is committed to ensuring that persons with disabilities have access to our goods and services, including those offered through our Website, www.CELLARY.com. As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone. CELLARY INC is always learning and looking for ways to improve accessibility.
If you have any questions about these Terms of Service, please contact us.