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Welcome to the Internet site of Spencer & Daniel’s, Inc. (referred to herein as "S&D", "we," "us," or "our"). By purchasing wine on this site, you represent to us that you are at least 21 years of age and that the person to whom you are directing this shipment is at least 21 years of age. Age verification will be required upon delivery. If you are intoxicated upon delivery, you will not be allowed to receive it. Wine cannot be delivered to a P.O. Box. Orders for wine products can currently only be shipped to the following states: AK, AZ, CA, CO, CT, DC, FL, GA, HI, IA, ID, IL, LA, MI, MN, MO, NC, ND, NE, NH, NM, NV, NY, OH, OR, SC, TX, VA, VT, WA, WI, WV, and WY. Quantity restrictions may apply to certain states.

The following additional terms and conditions govern your use of this website. You accept these terms and conditions in full by using this website. If you disagree with any part of these terms and conditions, immediately cease using this website. Your use of the S&D 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 S&D from time to time with or without notice to you. Your continued use of the S&D site indicates acceptance of any modifications to the terms of service.

User Obligations
You agree not to do any of the following while using the S&D Site:
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the S&D Site or S&D's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the S&D Site except as permitted in writing by S&D.
The Sale of Alcoholic Beverages
S&D 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. S&D 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 S&D is over the age of 21. You also agree that any alcohol purchased from S&D 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 S&D will prosecute you fully to the extent allowable by law.

Satisfaction Guarantee and Returns
Your satisfaction is very important to us. We are committed to delivering your product in excellent condition and in a timely manner. Order processing time is contingent upon credit card authorization, and does not include weekends or holidays.

If you are dissatisfied in any way with your purchase, we’d like the opportunity to correct the situation and keep you as an ongoing customer. Please contact us within 30 days of your purchase date by emailing us at support@spenceranddaniels.com. Following wine-trade traditions, all bottles ten years or older are purchased at the buyer's risk.

However, in the event you receive a damaged product due to shipment problems, please contact us within 30 days of your purchase date by emailing us at support@spenceranddaniels.com. We may require you to return any unopened bottles to us for quality control information and will determine this once contacted. At our discretion we may offer a replacement, a discount, a refund or an account credit to be used for a later purchase.

At S&D, we’re proud to offer great values on the world's best wines and to assist you with your purchasing decisions by giving some information about the wines. While ratings, testimonials and reviews may influence your decision, the ultimate judgment is yours. Although we work toward providing you with as much information as possible to help you make a selection you will enjoy, we cannot guarantee that you will like the taste of every bottle of wine you select. However, in the event you do experience a problem with the quality/taste of a bottle, please contact us within 30 days of your purchase date and provide the details of your problem. If you would like to return an order for taste reasons, we will issue a refund or account credit, less the original shipping and handling charges, and the return shipping and handling charges.

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

Parental Control Protections
As required by the Communications Decency Act of 1996, S&D hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. S&D does not sponsor or endorse any of these companies or their services.

Links
The S&D Site may contain links to other web sites or resources. You acknowledge and agree that S&D 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 S&D Site does not imply that S&D endorses the linked site.

Gift Certificates
Gift certificates must be redeemed through the S&D Web site, http://www.spenceranddaniels.com, toward the purchase of products listed in S&D's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as S&D Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the S&D Web site are subject to S&D's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please email us at support@ spenceranddaniels.com. S&D will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the S&D Web site or is redeemed and used to make purchases on the S&D Web site. S&D may provide gift certificate purchasers with information about the redemption status of gift certificates.

S&D and its affiliates make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. All terms and conditions are applicable to the extent permitted by law.

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

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

Disclaimer of Warranties
Although S&D endeavors to provide current, accurate and reliable information on the S&D site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the S&D site. S&D does not warrant that your use of the S&D site, or the operation or function of the S&D 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 S&D 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. S&D and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the S&D site. The S&D 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 S&D 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 S&D SITE, THE USE OR PERFORMANCE OF THE S&D SITE, THE DELAY OR INABILITY TO USE THE S&D SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE S&D SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE S&D SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF S&D OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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

Privacy Policy
Your use of the S&D Site is governed by the S&D Privacy Policy.

Termination of your S&D Account
S&D may terminate your S&D Account with or without cause at any time effective immediately.

Force Majeure
S&D shall be excused from performance under this Terms of Service if S&D 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 S&D.

Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from S&D, Limitation of Liability, Indemnity and General Provisions.

General Provisions
You agree that S&D 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 S&D 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 S&D 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 S&D in writing. The Terms of Service, along with the S&D Privacy Policy, comprises the entire agreement between you and S&D 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 S&D. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of S&D shall be null and void. These Terms of Service will inure to the benefit of S&D'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.

If you have any questions about these Terms of Service, please contact us at support@spenceranddaniels.com.

The Terms of Service were updated March 30, 2009.
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