Terms and Conditions
Last updated 2014-02-28
1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Please advise Quality Wine and Ale Supply with any missing copyright, works credit information or suspected copyright violations pertaining to any content of this website, with specific URL address, and it will be promptly corrected.
3. Service Marks.
"Quality Wine and Ale Supply," "Quality Wine and Ale Supply, LLC" "http://www.homebrewit.com," "http://www.qualitywineandalesupply.com," "Wine and Beer Making Supplies for Home Brewers and Vintners," and others are either service marks or registered service marks of Quality Wine and Ale Supply, LLC ("Quality Wine and Ale Supply"). Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web sites sample and actual forms, checklists, catalogs, instructions, recipes and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Information Relationship.
Information contained on or made available through the Site is not intended to and does not constitute advice or recommendations under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you, including any applicable taxes, shipping and handling charges.
Sales Tax and Shipping Charges:
Quality Wine and Ale Supply is based in ELKHART, INDIANA, USA and charges sales tax in accordance with Federal, State and Local laws. Our warehouse is also based in INDIANA and shipping rates are calculated using various USPS, UPS and truck line rates. Tax and shipping charges are calculated and shown at time of checkout. If for any reason, such as a system error, applicable sales tax or proper shipping charges are not added automatically at time of order, or an item is shipped by truck or LTL freight or an item description states "Plus Freight Cost" or other similar terms indicating charges will apply over and above charges that may have been previously indicated on your order, additional charges will be applied to your order and charged to your credit card accordingly without further action. Actual method of shipping is at the sole discretion of Quality Wine and Ale Supply.
Sole Discretion to Honor Orders or Requests:
Quality Wine and Ale Supply has sole and final discretion to honor, cancel, void or credit, in part or in whole, any or all types of transactions or requests, placed or requested via this site, any related or linked web site, by e-mail, US Mail, Fax or any other means of communication. Reasons may include, but are not limited too;
- Unauthorized or fraudulent credit card use.
- Fraudulent use of cash, checks, money orders or any other means of attempted payments.
- System errors, such as, incorrect pricing, under-pricing, over-pricing, description errors, spelling errors, or miscalculated shipping charges of any kind.
- Failure to receive customer authorization for a corrected order total.
- Computer software or hardware failure of any kind.
- Any claim of placing an order under Duress.
- Any other reason deemed as an error by Quality Wine and Ale Supply.
23. Delivery of Merchandise.
Once an order is placed with Quality Wine and Ale Supply or any of it's affiliates, any and all shipments may be delivered and left (released) by UPS, USPS or any designated freight company driver without any further authorization or notice from the ordering customer, the recipient of the order or Quality Wine and Ale Supply.
- Actual method of shipping is at the sole discretion of Quality Wine and Ale Supply. The means (way) of shipping merchandise is always at the sole discretion of Quality Wine and Ale Supply, because unforeseen circumstances may arise where we are required to change the preferred shipment method a customer chooses at checkout. We will always attempt to contact the customer if we intend on changing the means of shipping. Your agreed to cost remains the same no matter how an order is shipped, as long as the agreed to cost does not contradict any item in Section 22 above.
- Neither Quality Wine and Ale Supply, UPS, USPS or any designated freight company assume any liability for any merchandise, package or order once it is left (released) at the final delivery point. Unless specifically requested by the customer, packages may be left without a signature at the discretion of delivery personnel.
- Lost or Presumed Stolen Shipments:
At the time of shipping, the order becomes the responsibility of UPS or the designated freight company; claims for lost, misdelivered or misdirected packages must be made by the customer to Quality Wine and Ale Supply within 30 days from expected delivery of merchandise. Quality Wine and Ale Supply will file a lost product claim and assist the customer, if required, in filing a claim with UPS or the designated freight company. Claim processing generally takes from 7-10 business days. Quality Wine and Ale Supply cannot ship replacement merchandise until any such claim with UPS or the designated freight company has been settled, unless the customer agrees to be charged again for replacement items and further agrees to be bound by any decision for reimbursement by UPS or the designated freight company. Additional shipping or freight charges are the responsibility of the customer unless allowed by UPS, the designated freight company or agreed to be paid for by Quality Wine and Ale Supply. Missing or presumed stolen orders of packages are considered a serious criminal matter. The customer should file a police report and contact their insurance company or agent for further action.
- Lost, Damaged or Stolen US Postal System Shipments:
The typical claim time for merchandise lost by the US Postal System is ONE YEAR. For this reason we assume NO liability for claims for lost, stolen or damaged shipments delivered by the US Postal System (US Postal Service, USPS).
- A proof of delivery statement is available, on request, from Quality Wine and Ale Supply on all UPS and freight company shipments but not USPS deliveries.
- Please see our Return Policy for further instructions for missing, shortages, damaged or presumed stolen merchandise or deliveries.
24. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
25. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
26. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 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; and
- 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.
- For Notice of claims of copyright infringement on the Site please direct an e-mail to us at info@HomeBrewIt.com
27. Information and Press Releases.
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
28. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein, INCLUDING THE LEGALITY AND LEGAL AGE REQUIREMENT OF ANY AND ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS PERTAINING TO THE PURCHASE OF, OR POSSESSION OF, EQUIPMENT, INGREDIENTS OR SUPPLIES OF ANY KIND THAT CAN OR MAY BE USED TO PRODUCE ANY TYPE OF ALCOHOL, ALCOHOLIC BEVERAGES OR PRODUCTS OF ANY KIND.
You also agree that you or any other parties will not hold Quality Wine and Ale Supply or any of it's owners or employees responsible in any manner regarding your use of this site, any linked sites or any products they offer or that you may purchase or receive from Quality Wine and Ale Supply. In addition, any information on this or any linked web site is provided "as is", meaning Quality Wine and Ale Supply strives to provide the most accurate information, but we do not guarantee it's accuracy. Quality Wine and Ale Supply is not responsible for any damage, monetary loss or loss of any kind from the use or misuse or any of it's products once they leave our warehouse or any of our supply warehouses.
This Agreement shall be treated as though it were executed and performed in Elkhart, Indiana, and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.