Last Modified: October 7, 2021

Acceptance of the Terms of Use

Welcome to the Internet site of Cellar97, LLC. These terms and conditions, together with our Privacy Policy, govern your use of, access to and other online information services operated or provided by Cellar97 including any content, functionality, and services offered on or through Cellar97. By using this web site and any emails or communications received from Cellar97 (collectively called the “Services”), you consent and agree to these terms and conditions.

PLEASE NOTE THAT YOUR USE OF THE CELLAR97 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 CELLAR97 SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE CELLAR97 SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE BOUND BY EACH OF THE TERMS SET FORTH BELOW AND THE PRIVACY POLICY OF CELLER97, FOUND AT www.cellar97.com , INCORPORATED HEREBY BY REFERENCE. THE TERMS OF SERVICE MAY BE UPDATED BY CELLAR97 FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE CELLAR97 SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

The Cellar97 Site is offered and available to users who are 21 years of age or older. By using the Cellar97 Site, you represent and warrant that you are 21 year of age or older. If you do not meet this requirement, you must NOT access or use the Cellar97 Site. 

Shipping/Delivery

If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. You must be 21 years of age or older to purchase of alcoholic beverages. Identification and signature required for delivery. All persons signing for delivery must be 21 years of age or older. Comments on your order such as “please leave on back porch” or “please leave at front door” will be ignored. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all taxes or other amounts due.

User Obligations

You agree not to do any of the following while using the Cellar97 Site:

-Intentionally or unintentionally violate any applicable law or regulation.

-Access, tamper with, or use nonpublic areas of the Cellar97 Site or Cellar97’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

-Frame or link to the Cellar97 Site except as permitted in writing by Cellar97.

-Modify copies of any materials from this site.

Trademarks

“Cellar97” and all related names, logos, product and service names, designs, and slogans are trademarks of Celler97, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Protection of Content Provided by Cellar97 and Its Affiliates and Licensors

All text, graphics, logos, icons, images, audio clips and software on the Cellar97 site (“Site Content”) are copyrighted materials owned by or licensed to Cellar97 or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Cellar97 and its affiliates, licensors, licensees and/or other providers of such materials, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Cellar97, its affiliates, or third parties. Unless authorized in writing by an officer of Cellar97, Cellar97’s trademarks may not be used in connection with any product or service that is not Cellar97’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cellar97. 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 Cellar97 or the rights holder. Unless expressly permitted by Cellar97, you may copy the content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the content, but you may not otherwise download or store content. 

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 Cellar97 Site. Nothing contained in the Cellar97 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 Cellar97, 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 Cellar97, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement

Cellar97 respects the intellectual property of others, and we ask our users to do the same. If you believe that your or Cellar97’s work has been copied in a way that constitutes copyright infringement, please provide Cellar97’s designated agent the following information:

1. Cellar97’s Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Cellar97’s designated agent as specified below. Please include the following information:

A signature of a person authorized

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;

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.

b.  Submit the information above to the following designated copyright agent: info@cellar97.com. 

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence Received and Communication

Cellar97 reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Cellar97 may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Cellar97.

Content Standards

You represent, warrant, and covenant that you shall not:

·    Provide or upload to the Cellar97 Site any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·    Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [PRIVIDE LINK TO PRIVACY POLICY].

·    Be likely to deceive any person.

·    Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·    Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·    Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

·    Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Notices

Cellar97 will give you any necessary notices by posting them on the Cellar97 Site. You authorize Cellar97 to send notices via electronic mail as well if Cellar97 decides, in its sole discretion, to do so. You agree to check the Cellar97 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 Cellar97 Site.

Disclaimer; No Warranty

Cellar97 makes no representations or warranties as to the accuracy of the Content. Cellar97 is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Cellar97 of the error or omission; however, Cellar97 does not warrant that such error or omission will be corrected.

By using the Services, you acknowledge and agree that Cellar97 has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

ALTHOUGH CELLAR97 ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CELLAR97 SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CELLAR97 SITE. CELLAR97 DOES NOT WARRANT THAT YOUR USE OF THE CELLAR97 SITE, OR THE OPERATION OR FUNCTION OF THE CELLAR97 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 CELLAR97 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. CELLAR97 AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CELLAR97 SITE. THE CELLAR97 SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT, AND CELLAR97 EXPRESSLY DISCLAIMS, 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.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Cellar97 Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, security and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction or recovery of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, CELLAR97 WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CELLAR97 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CELLAR97 SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

IN NO EVENT SHALL CELLAR97 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 CELLAR97 SITE, THE USE OR PERFORMANCE OF THE CELLAR97 SITE, THE DELAY OR INABILITY TO USE THE CELLAR97 SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CELLAR97 SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CELLAR97 SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CELLAR97 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CELLAR97 SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CELLAR97 SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CELLAR97’S LIABILITY OR YOUR REMEDIES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Cellar97 shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

You agree to indemnify, defend, and hold harmless Cellar97 and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising out of your use of the Services or any breach by you of these Terms and Conditions. Cellar97 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Cellar97.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Cellar97 Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Cellar97. Cellar97 neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Cellar97 Site by anyone other than authorized Cellar97 employees acting in their official capacities.

External sites

The Cellar97 Site may contain links to other web sites or resources. You acknowledge and agree that Cellar97 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 Cellar97 Site does not imply that Cellar97 endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Cellar97 and its sites do not constitute an endorsement by Cellar97 of any third party products or services. If you decide to access any of the third-party websites linked to the Cellar97 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Modification

Cellar97 may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Cellar97 reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

Force Majeure

Cellar97 shall be excused from performance under this Terms of Service if Cellar97 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, pandemic, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Cellar97.

Survival

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

General Provisions

You agree that Cellar97 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 Cellar97 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, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure of Cellar97 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 Cellar97 in writing. 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 Cellar97. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Cellar97 shall be null and void. These Terms of Service will inure to the benefit of Cellar97’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. New Jersey 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 located in Union County, in the State of New Jersey, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site. No waiver by Cellar97 of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cellar97 to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Acceptance; Miscellaneous

Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Cellar97. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CELLAR97 SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If you have any questions about these Terms of Service, please email us at info@cellar97.com.