SPORTSMAN'S Fine Wines & Spirits - Donations and Charity

SPORTSMAN’S Fine Wines & Spirits Website Terms of Use and Notices
Last Updated: November 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND SPORTSMAN’S Fine
Wines & Spirits

This is an agreement ("Agreement") between you and SPORTSMAN’S Fine Wines & Spirits. This Agreement governs your use of any Web site or Web page operated by SPORTSMAN’S Fine Wines & Spirits. You represent that you are at least 21 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
SPORTSMAN’S Fine Wines & Spirits offers the WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SPORTSMAN’S Fine Wines & Spirits WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW SPORTSMAN’S Fine Wines & Spirits MAY MODIFY THIS AGREEMENT

SPORTSMAN’S Fine Wines & Spirits reserves the right to change the terms, conditions, and notices under which it offers the SPORTSMAN’S Fine Wines & Spirits Web Site, including any charges associated with the use of the SPORTSMAN’S Fine Wines & Spirits Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any SPORTSMAN’S Fine Wines & Spirits Web Site. Your continued use of the SPORTSMAN’S Fine Wines & Spirits Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

SPORTSMAN’S Fine Wines & Spirits Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of this Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within SPORTSMAN’S Fine Wines & Spirits Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SPORTSMAN’S Fine Wines & Spirits SITE

This Web Site is only for your personal use. You will not use this Web Site for commercial purposes. You will not use the SPORTSMAN’S Fine Wines & Spirits Site in any way that is unlawful, or harms SPORTSMAN’S Fine Wines & Spirits, its affiliates, resellers, distributors, service providers and/or suppliers or any customer

5. SPAM IS PROHIBITED AND CAUSES DAMAGE

6. INFORMATION AVAILABLE FROM THE SPORTSMAN’S Fine Wines & Spirits WEB SITE

SPORTSMAN’S Fine Wines & Spirits and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from this Web Site including inventory availability, even if such information appears in any e-mail. Information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

7. SPORTSMAN’S Fine Wines & Spirits MAKES NO WARRANTY

SPORTSMAN’S Fine Wines & Spirits PROVIDES THE SPORTSMAN’S Fine Wines & Spirits SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPORTSMAN’S Fine Wines & Spirits MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SPORTSMAN’S Fine Wines & Spirits DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SPORTSMAN’S Fine Wines & Spirits SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL SPORTSMAN’S Fine Wines & Spirits BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SPORTSMAN’S Fine Wines & Spirits WEB SITE. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SPORTSMAN’S Fine Wines & Spirits WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SPORTSMAN’S Fine Wines & Spirits WITH RESPECT TO THIS AGREEMENT OR THE SPORTSMAN’S Fine Wines & Spirits WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPORTSMAN’S Fine Wines & Spirits WEB SITE.

9. CHANGES TO THE SPORTSMAN’S Fine Wines & Spirits WEB SITE; ADDITIONAL LIABILITY LIMITATION

THE SPORTSMAN’S Fine Wines & Spirits MAY CHANGE THE SPORTSMAN’S Fine Wines & Spirits WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the SPORTSMAN’S Fine Wines & Spirits Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by SPORTSMAN’S Fine Wines & Spirits (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT SPORTSMAN’S Fine Wines & Spirits IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT SPORTSMAN’S Fine Wines & Spirits IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SPORTSMAN’S Fine Wines & Spirits WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE SPORTSMAN’S Fine Wines & Spirits WEB SITE, SERVICES, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SPORTSMAN’S Fine Wines & Spirits WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SPORTSMAN’S Fine Wines & Spirits WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

10. TERMINATION; ACCESS RESTRICTION

SPORTSMAN’S Fine Wines & Spirits may terminate this Agreement, or terminate or suspend your access to this Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the SPORTSMAN’S Fine Wine & Spirits Web Site will immediately cease.

11. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. SPORTSMAN’S Fine Wines & Spirits may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in this Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and SPORTSMAN’S Fine Wines & Spirits with respect to the SPORTSMAN’S Fine Wines & Spirits Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SPORTSMAN’S Fine Wines & Spirits with respect to the SPORTSMAN’S Fine Wines & Spirits Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

12. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND SPORTSMAN’S Fine Wines & Spirits AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPORTSMAN’S Fine Wines & Spirits WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.