Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your compliance with and acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions and our related privacy policy. If you do not agree with any part of the following terms and conditions or privacy policy, do not use this website.
NO ENTRY TO THIS WEBSITE IS PERMITTED FOR UNDER-AGED INDIVIDUALS. TO USE THIS SITE, YOU MUST BE AT LEAST THE LEGAL DRINKING AGE IN THE LOCATION FROM WHICH YOU ARE ACCESSING THIS SITE.
Table of Contents
OWNERSHIP
USE OF SITE
AGE AND RESPONSIBILITY
PRIVACY (Please have a look at our full PRIVACY POLICY )
SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS
EXCLUSION OF WARRANTY
LIMITATION OF LIABILITY
INDEMNIFICATION
SUBMISSIONS
SALE OF WINE
LINKS
PRICES AND AVAILABILITY
GOVERNMENT WARNINGS
WINE IS A PERISHABLE COMMODITY
GOVERNING LAW
ASSIGNMENT
MODIFICATION
ADDITIONAL TERMS
SEVERABILITY
COPYRIGHT ACT AGENT
ENTIRE AGREEMENT
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OWNERSHIP
This website, and each of its components, is the copyrighted property of Wines That Rock, LLC d/b/a Elvis Presley Wines and its affiliates, various third-party providers and distributors. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of ELVIS PRESLEY WINES and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common-law trademarks of ELVIS PRESLEY WINES, its affiliates, and various third parties. Nothing contained on this website grants, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of ELVIS PRESLEY WINES or such other party that may own the Trademark. YOU MUST OBTAIN THE PRIOR WRITTEN PERMISSION OF ELVIS PRESLEY WINES BEFORE YOU LINK TO THIS WEBSITE. ELVIS PRESLEY WINES WILL ONLY CONSIDER THE AUTHORIZATION OF LINKS TO THIS SITE FROM THIRD-PARTY SITES ON WHICH A SUBSTANTIAL MAJORITY OF ITS VISITORS AND USERS ARE AT LEAST OF LEGAL DRINKING AGE IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THIS SITE.
USE OF SITE
By having entered this website you have confirmed that you are of legal drinking age in the jurisdiction from which you are accessing this site. You may only use this website to browse the content, make inquiries to ELVIS PRESLEY WINES, order ELVIS PRESLEY WINES products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ELVIS PRESLEY WINES, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. ELVIS PRESLEY WINES does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. ELVIS PRESLEY WINES does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized ELVIS PRESLEY WINES (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this site).
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur because of the use of this website. You understand that you are financially responsible for all uses of this website by you and for purchases you make on this website.
PRIVACY
You represent that you have read the ELVIS PRESLEY WINES Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to ELVIS PRESLEY WINES and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the ELVIS PRESLEY WINES Privacy Policy.
SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. SUCH RULES MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE ELVIS PRESLEY WINES PRIVACY POLICY.
EXCLUSION OF WARRANTY
ELVIS PRESLEY WINES AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. ELVIS PRESLEY WINES AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. ELVIS PRESLEY WINES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE ELVIS PRESLEY WINES COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. We expressly exclude all liability for any such inaccuracies or errors to the fullest extent permitted by law. ELVIS PRESLEY WINES may make additions, deletions, or modifications to the information at any time without any prior notification.
LIMITATION OF LIABILITY
ELVIS PRESLEY WINES ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL ELVIS PRESLEY WINES OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY ELVIS PRESLEY WINES OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
INDEMNIFICATION
You shall defend and indemnify ELVIS PRESLEY WINES and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.
SUBMISSIONS
“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to ELVIS PRESLEY WINES regarding the products or services of ELVIS PRESLEY WINES Submissions will not be confidential and will become the property of ELVIS PRESLEY WINES upon submission to ELVIS PRESLEY WINES. By providing any Submissions, you hereby assign to ELVIS PRESLEY WINES, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to ELVIS PRESLEY WINES will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ELVIS PRESLEY WINES, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Except as expressly stated and agreed upon in advance by ELVIS PRESLEY WINES, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to ELVIS PRESLEY WINES (such as feedback, questions, comments, suggestions, ideas, etc.). If any ELVIS PRESLEY WINES website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ELVIS PRESLEY WINES shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ELVIS PRESLEY WINES shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to ELVIS PRESLEY WINES is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
SALE OF WINE
By ordering Elvis Presley Wines through ElvisPresleyWines.com, you agree to all ElvisPresleyWines.com terms and conditions. In no way does ELVIS PRESLEY WINES imply that the products on this website are appropriate or available for use outside of the United States.
Some Key Provisions from ElvisPresleyWines.com that you should keep in mind are: ElvisPresleyWines.com does not sell alcohol to persons under the age of 21.
ElvisPresleyWines.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21.
By using ElvisPresleyWines.com you are acknowledging that the person receiving a shipment of alcoholic beverages from ElvisPresleyWines.com is over the age of 21. You also agree that any alcohol purchased from ElvisPresleyWines.com is intended for personal consumption and not for resale.
LINKS
ElvisPresleyWines.com Site may contain links to other web sites or resources. You acknowledge and agree that ElvisPresleyWines.com 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 ElvisPresleyWines.com Site does not imply that ElvisPresleyWines.com endorses the linked site.
ElvisPresleyWines.com may ship the products by ground or air at our discretion (these options do not correspond to any carrier-branded shipping services. ElvisPresleyWines.com carriers usually do not pick-up or deliver packages on weekends or holidays;
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELVISPRESLEYWINES.COM 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 WINE.COM SITE, THE USE OR PERFORMANCE OF THE ELVISPRESLEYWINES.COM SITE, THE DELAY OR INABILITY TO USE THE ELVISPRESLEYWINES.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ELVISPRESLEYWINES.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ELVISPRESLEYWINES.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELVISPRESLEYWINES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELVISPRESLEYWINES.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ELVISPRESLEYWINES.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS ELVISPRESLEYWINES.COM’S LIABILITY OR YOUR REMEDIES.
Your use of the ElvisPresleyWines.com Site is governed by the ElvisPresleyWines.com Privacy Policy.
We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. How to contact us in rare cases, a product may be in stock when you place your order and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.
You must be 21 years of age or older, to order or receive alcoholic beverages from ELVIS PRESLEY WINES. By placing your order online, you represent to us that you are at least 21 years of age and that the person receiving the wine is at least 21 years of age. The individual receiving delivery will be required to show identification proving that he or she is at least 21 years old. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from ELVIS PRESLEY WINES are not for resale and are for personal consumption only.
PRICES AND AVAILABILITY
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
GOVERNMENT WARNINGS
• ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
• CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS THE ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS.
WINE IS A PERISHABLE COMMODITY
Extremes of temperature—cold, heat, or humidity—may adversely affect the condition of your wine during shipment or home storage. ELVIS PRESLEY WINES is not responsible for and will not replace wine that is damaged by extreme weather conditions during shipment or after delivery to you. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes your responsibility.
GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws’ provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over New York City, New York, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION
ELVIS PRESLEY WINES may at any time modify these Terms of Use in our discretion without notice. Your use of this website will be conditioned upon the Terms of Use and Privacy Policy posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use our website.
ADDITIONAL TERMS
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you will abide by such other terms and conditions.
SEVERABILITY
These terms and conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
COPYRIGHT ACT AGENT
ELVIS PRESLEY WINES respects the intellectual property rights of others and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent
Wines That Rock
250 West 57th Street
23rd Floor
New York, NY 10107
Email: [email protected]
Toll Free: 1.866.678.8466
ENTIRE AGREEMENT
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
HOW TO CONTACT US
If you have any comments or questions, please do not hesitate to contact us at [email protected]
You may also visit our Contact Us page. Copyright © 2020, Wines That Rock ALL RIGHTS RESERVED.