TERMS OF SERVICE
Welcome to the internet sites of David Y Martin Jr, LLC (“MartinWine.com”). MartinWine.com includes MartinWineCellar.com, and other Internet sites affiliated with DYM Jr, LLC, (each a “MartinWine.com site”). Each MartinWine.com site is operated by DYM Jr, LLC, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
PLEASE NOTE THAT YOUR USE OF THE MARTINWINE.COM 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 MARTINWINE.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE MARTINWINE.COM SITE 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 MARTIN WINE & SPIRITS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE MARTINWINE.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
USER AGREEMENT
You agree not to do any of the following while using the MartinWine.com site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the MartinWine.com site or Martin Wine & Spirit’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
You will not access the MartinWine.com site with any manual or automated process for any purpose other than to purchase Martin Wine & Spirits products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the MartinWine.com site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
Frame or link to the MartinWine.com site except as permitted in writing by MartinWine.com.
THE SALE OF ALCOHOLIC BEVERAGES
Martin Wine & Spirits 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. Martin Wine & Spirits makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from MartinWine.com is over the age of 21. You also agree that any alcohol purchased from MartinWine.com 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, Martin Wine & Spirits will prosecute you fully to the extent allowable by law.
PROTECTION OF CONTENT
All text, prices, graphics, logos, icons, images, audio clips and software on the MartinWine.com site (“Site Content”) are copyrighted materials owned by or licensed to Martin Wine & Spirits. The Site Content may contain trademarks, service marks and trade names which are owned by Martin Wine & Spirits 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 Martin Wine & Spirits, its affiliates, or third parties. “MartinWine.com” is a trademark of DYM Jr, LLC. Unless authorized in writing by an officer of Martin Wine & Spirits, Martin Wine & Spirits’s trademarks may not be used in connection with any product or service that is not Martin Wine & Spirits’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MartinWine.com. 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 Martin Wine & Spirits 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 MartinWine.com site. Nothing contained in the MartinWine.com 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 Martin Wine & Spirits, 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 Martin Wine & Spirits, its affiliates, and/or any third party, as applicable.
MISPRICED OR MISLABELED PRODUCTS
Martin Wine & Spirits shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Martin Wine & Spirits 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, Martin Wine & Spirits shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
MARTIN WINE & SPIRITS 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.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MARTINWINE.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MARTINWINE.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MARTIN WINE & SPIRITS’S LIABILITY OR YOUR REMEDIES.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated March 21, 2019.
