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Terms of Service

User Agreement
Welcome to the Internet sites of Wine By The Bay. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Wine By The Bay. By using these web sites and any emails or communications received from Wine By The Bay (collectively called the "Services"), you consent and agree to these terms and conditions.

PLEASE NOTE THAT YOUR USE OF THE WINE BY THE BAY 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 WINE BY THE BAY SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINE BY THE BAY 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 WINE BY THE BAYFROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WINE BY THE BAY SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

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 alcoholic beverages. Identification and signature required for delivery. 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 tax or other amounts due.
User Obligations
You agree not to do any of the following while using the Wine By The Bay Site:
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Wine By The Bay Site or Wine By The Bay's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Wine By The Bay Site except as permitted in writing by Wine By The Bay.
Copyright
The compilation (meaning the collection, arrangement and assembly) of all content on www.winebtb.com is the exclusive property of Wine By The Bay, and is protected by U.S. and international copyright laws.

Wine By The Bay and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2004 - 2024 by Wine By The Bay. Unless otherwise explicitly stated by Wine By The Bay, 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. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Wine By The Bay.

Protection of Content Provided by Wine By The Bay and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Wine By The Bay Site ("Site Content") are copyrighted materials owned by or licensed to Wine By The Bay or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Wine By The Bay 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 Wine By The Bay, its affiliates, or third parties. "Wine By The Bay" is a trademark of Wine By The Bay. Unless authorized in writing by an officer of Wine By The Bay, Wine By The Bay's trademarks may not be used in connection with any product or service that is not Wine By The Bay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine By The Bay. 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 Wine By The Bay 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 Wine By The Bay Site. Nothing contained in the Wine By The Bay 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 Wine By The Bay, 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 Wine By The Bay, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Wine By The Bay 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 Wine By The Bay's Designated Agent the following information:

1. Wine By The Bay's Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Wine By The Bay's designated agent as specified below. Please include the following information:
  1. A signature of a person authorized
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. 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;
  6. 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.
Submit the information above to the following designated copyright agent: wine@winebtb.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
Wine By The Bay 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 Wine By The Bay may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Wine By The Bay.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Wine By The Bay any information that (i) restricts or inhibits any other user from using or enjoying Wine By The Bay, (ii) in Wine By The Bay' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Notices
Wine By The Bay will give you any necessary notices by posting them on the Wine By The Bay Site. You authorize Wine By The Bay to send notices via electronic mail as well if Wine By The Bay decides, in its sole discretion, to do so. You agree to check the Wine By The Bay 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 Wine By The Bay Site.
Disclaimer; No Warranty
Wine By The Bay makes no representations or warranties as to the accuracy of the Content. Wine By The Bay 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 Wine By The Bay of the error or omission; however, Wine By The Bay does not warrant that such error or omission will be corrected.

All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Wine By The Bay 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 WINE BY THE BAY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINE BY THE BAY SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINE BY THE BAY SITE. WINE BY THE BAY DOES NOT WARRANT THAT YOUR USE OF THE WINE BY THE BAY SITE, OR THE OPERATION OR FUNCTION OF THE WINE BY THE BAY 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 WINE BY THE BAY 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. WINE BY THE BAY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE BY THE BAY SITE. THE WINE BY THE BAY 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 WINE BY THE BAY 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 BY THE BAY SITE, THE USE OR PERFORMANCE OF THE WINE BY THE BAY SITE, THE DELAY OR INABILITY TO USE THE WINE BY THE BAY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINE BY THE BAY SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINE BY THE BAY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE BY THE BAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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

You agree to indemnify, defend, and hold harmless Wine By The Bay 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 our of your use of the Services or any breach by you of these Terms and Conditions. Wine By The Bay 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 Wine By The Bay.

Wine By The Bay shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Wine By The Bay does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Wine By The Bay make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. WINE BY THE BAY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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 Wine By The Bay 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.

Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Wine By The Bay Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Wine By The Bay. Wine By The Bay neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Wine By The Bay Site by anyone other than authorized Wine By The Bay employees acting in their official capacities.
External sites
The Wine By The Bay Site may contain links to other web sites or resources. You acknowledge and agree that Wine By The Bay 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 Wine By The Bay Site does not imply that Wine By The Bay 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 Wine By The Bay and its sites do not constitute an endorsement by Wine By The Bay of any third party products or services.
Modification
Wine By The Bay 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. Wine By The Bay 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.
Privacy Policy
Your use of the Wine By The Bay Site is governed by the Wine By The Bay Privacy Policy.
Force Majeure
Wine By The Bay shall be excused from performance under this Terms of Service if Wine By The Bay 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 Wine By The Bay.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Wine By The Bay, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Wine By The Bay 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 Wine By The Bay 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, 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 Wine By The Bay 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 Wine By The Bay in writing. The Terms of Service, along with the Wine By The Bay Privacy Policy, comprises the entire agreement between you and Wine By The Bay 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 Wine By The Bay. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Wine By The Bay shall be null and void. These Terms of Service will inure to the benefit of Wine By The Bay'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. California 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 San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
Acceptance; Miscellaneous
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Wine By The Bay. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, 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.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Wine By The Bay with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.

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