US Wine Exports Company, Ltd.

TERMS & CONDITIONS

Please read the following information carefully before using the uswineexports.com (US Wine Exports Company, Ltd.) Website and Services (including any US Wine Exports Company, Ltd. account). By using the US Wine Exports Company, Ltd. Website and Services you (as applicable, “you,” “Buyer” and/or “Seller”) agree to these Terms & Conditions and to the US Wine Exports Company, Ltd. Privacy Policy, which is incorporated herein by reference.

  • You must be at least 21 years of age to participate.
  • All purchases are final and all bids are nonretractable.
  • US Wine Exports Company, Ltd. Receives 10% of the final sale price of all auction purchases.
  • All Sellers & Buyers are required and responsible to make arrangements for shipping, documentation, licenses, lab analysis and any other requirements in order to sell or buy wines.

Usage of the US Wine Exports Company, Ltd. Website, including all information and content contained therein or accessed thereby, and the US Wine Exports Company, Ltd. Services (collectively, the “US Wine Exports Company, Ltd. Website and Services”) is subject to the following terms and conditions:

  1. The property described on the US Wine Exports Company, Ltd. Website will be offered for sale by US Wine Exports Company, Ltd. as a marketing agent on behalf of the Seller. Every attempt has been made to describe all property as accurately as possible. However US Wine Exports Company, Ltd. does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of US Wine Exports Company, Ltd. 
When a lot description of a bottle includes a photo, the photo may not necessarily show the actual bottle offered in the lot. Unless the lot includes inspection notes describing imperfections, the photo may be a US Wine Exports Company, Ltd. stock photo of a bottle of the specified wine and vintage, though not the exact bottle offered. Stock photos may be used for bottles that are in very good general condition but have lightly depressed corks, lightly elevated corks, lightly scuffed capsules, lightly depressed capsules, lightly wrinkled capsules, lightly worn capsules, lightly scuffed labels, lightly nicked labels and lightly worn labels.
  2. Buyer accepts all purchases “as is.” Notwithstanding any other terms of these Terms & Conditions, should US Wine Exports Company, Ltd. receive any written claims within 21 calendar days of the auction that any property is with a shortage, or otherwise out of condition, or that any statement in the web site is without basis, then US Wine Exports Company, Ltd. will judge such claims through inspection of the property or by any other just means, and may require the Seller to cancel the sale and may refund the purchase price. At all times the decision of US Wine Exports Company, Ltd. in its capacity of auctioneer will be final and binding on all parties. The wine industry estimates that between 3 and 7 percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole, or TCA within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it very rare, we cannot replace wines that have been ruined because of cork taint. We do not accept returns of corked wine nor do we refund for corked wine.
  3. The term “final bid” as used herein shall refer to the price at which any auction lot is knocked down to the Buyer. The purchase price due from the Buyer shall be the aggregate of the final bid and a premium of 17% of the final bid, and any applicable sales or use tax. The purchase price of a Buy Now item is the price shown on the lot description, plus any applicable sales tax. The complete purchase price, including delivery, of auction or Buy Now items will be automatically deducted from your US Wine Exports Company, Ltd. account (including any US Wine Exports Company, Ltd. Wallet and US Wine Exports Company, Ltd. Gift Card) or provided credit card. Title to the property will not pass from Seller to Buyer until full payment is received by US Wine Exports Company, Ltd.. No property will be released to the Buyer until US Wine Exports Company, Ltd. receives any applicable state and local taxes or compensating use taxes of another state that US Wine Exports Company, Ltd. may be required by law to collect. Any applicable storage or shipping charges must also be received prior to the release of the property. All US Wine Exports Company, Ltd. auctions are conducted in U.S. Dollars. The US Wine Exports Company, Ltd. account or credit card of each winning bidder will be charged in U.S. Dollars for the hammer price, Buyer's premium and shipping cost. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. Buyers Outside of the U.S. Please Note: US Wine Exports Company, Ltd. reserves the right to require payment by wire transfer for the full price of purchased wine, buyer’s premium, insurance, applicable taxes and duties and shipping charges prior to shipping.
  4. The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.
  5. Bids and Buy Now orders submitted to US Wine Exports Company, Ltd. are processed and executed as a service and convenience to bidders. Neither US Wine Exports Company, Ltd. nor its staff shall be responsible for any failure to execute such bids or Buy Now orders or any error relating to the same.
  6. Should any Buyer fail to fully comply with these Terms & Conditions, US Wine Exports Company, Ltd. may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by US Wine Exports Company, Ltd.. In the event of non-payment by Buyer, or non-compliance by Buyer with these Terms & Conditions, US Wine Exports Company, Ltd. reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s US Wine Exports Company, Ltd. account or credit card for US Wine Exports Company, Ltd. fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law. In no event shall US Wine Exports Company, Ltd. be liable for any incidental or consequential damages to Buyer.
  7. Shipping: All items will be shipped to the Buyer upon collection of the purchase price and pre-paid shipping charges. All lots are delivered by Buyer's preferred method of shipping or by US Wine Exports Company, Ltd. selection if no Buyer preference is indicated. Any promotional shipping discounts apply to US Wine Exports Company, Ltd. contracted common carrier rates only. Buyer shall assume full responsibility for shipping expenses. This includes shipping costs, and packing. Buyers who are US Wine Exports Company, Ltd. Pro subscribers in good standing will receive a 25% discount off US Wine Exports Company, Ltd. standard shipping for purchases. The Buyer is responsible for all duties and customs charges incurred in shipping purchases from the U.S. to the Buyer's desired shipping address. To the extent that US Wine Exports Company, Ltd. provides estimates of shipping charges, these should be treated as ESTIMATES ONLY. The Buyer is responsible for the actual charges incurred. Since the sale of the wine between Seller and Buyer takes place at US Wine Exports Company, Ltd. facility the Buyer becomes the owner of the wine prior to its shipment. If the Buyer has paid the Buyer's Premium to US Wine Exports Company, Ltd. prior to shipment and if US Wine Exports Company, Ltd. has arranged the shipment on behalf of Buyer using US Wine Exports Company, Ltd. regular shipping accounts, US Wine Exports Company, Ltd. shall reimburse Buyer for any wine that is lost or broken during shipment. However, US Wine Exports Company, Ltd. will not reimburse Buyers for lost or damaged shipments if Buyers arrange shipping using their own accounts. US Wine Exports Company, Ltd. will take all precautions to package the wine according to industry standards to minimize the possibility of damage. US Wine Exports Company, Ltd. will use only reputable carriers who will safeguard the shipment as much as possible given the nature of the commodity. US Wine Exports Company, Ltd. does not compensate for any loss or damage due to exposure to temperature variations, shipping delays, or defect in or failure of any cork or other bottle closure. The primary means of distribution will be common carrier. All wines are to be sold in California by Seller and title passes to Buyer in California. US Wine Exports Company, Ltd. makes no representation as to the rights of anyone to import wine. In the event that a winning bid is placed by a resident of a state or country that restricts the personal importation of wine, the wine will be held at US Wine Exports Company, Ltd. in Napa on behalf of Buyer until Buyer makes arrangements to ship the lot to an address that permits such shipments. When the weather is too hot or too cold to safely ship wine, your wine will be stored in US Wine Exports Company, Ltd. temperature-controlled warehouse. If you choose to ship during extreme weather conditions, you assume all liability for the shipment and will not hold US Wine Exports Company, Ltd. responsible. All stored wines are subject to US Wine Exports Company, Ltd. terms regarding Storage Period and Fees. Sales of more than 20 gallons of wine at one time to one Buyer are presumed by federal regulation to be sales for resale which would require the Buyer to possess a license authorizing the resale of wine (27 CFR § 194.28); therefore, US Wine Exports Company, Ltd. will not ship more than 20 gallons (75.7 liters, or approximately 8 cases) of wine on a single order unless the Buyer provides appropriate proof of status authorizing it to resell wine. The Buyer is solely responsible for shipment of wines. By participating in these auctions Buyers authorize US Wine Exports Company, Ltd. to act on their behalf to engage a common carrier to deliver wine to the location the Buyer specifies. Wines may be sold and delivered only to persons who are at least 21 years old. By placing bids in these auctions, or placing Buy Now purchase orders, Buyers acknowledge that they are at least 21 years old, and that the person to whom Buyer's wine will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old. If your shipment is delayed or arrives broken contact US Wine Exports Company, Ltd. not the carrier. US Wine Exports Company, Ltd. insures all shipments. In the event of loss or breakage US Wine Exports Company, Ltd. will handle all claims. Do not contact the carrier directly. Wines spoiled by changes in temperature cannot be recovered. Note: Choose your shipping address carefully. We cannot replace wine damaged by heat or cold exposure. Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of price or credit be made after delivery.
  8. Storage Terms and Fees: Storage Terms - Buyers: US Wine Exports Company, Ltd. will store purchased wine without charge for no more than one hundred eighty (180) days after the purchase date. If purchased wine has not been picked up by or shipped to Buyer within 180 days after the purchase date, including without limitation because Buyer has failed to pick up or arrange for shipping, or Buyer’s credit card on file cannot be charged for shipping, Storage Fees will begin to accrue.  US Wine Exports Company, Ltd. reserves the right to claim a lien for all lawful charges for storage of Buyer’s purchased wine, as well as interest, insurance, transportation, labor, and other charges and expenses in relation to such goods. US Wine Exports Company, Ltd. reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Buyer and US Wine Exports Company, Ltd., including without limitation under these Terms of Service. At any time after purchase, US Wine Exports Company, Ltd. may, upon written notice to Buyer and any other person known to claim an interest in such goods, require the removal of any purchased wines from US Wine Exports Company, Ltd. facility, upon payment of all charges attributable to such goods, within a stated period, not less than 30 days after such notice. If Buyer does not timely comply with US Wine Exports Company, Ltd. request, US Wine Exports Company, Ltd. may sell Buyer’s purchased wine in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if US Wine Exports Company, Ltd. believes, in good faith, that the purchased wines are about to deteriorate or decline in value to less than the amount of US Wine Exports Company, Ltd. lien in a shorter period than 30 days, US Wine Exports Company, Ltd. may specify in the notification any reasonable time, less than 30 days after such notice, for removal of the purchased wines and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law. US Wine Exports Company, Ltd. may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law. Storage Terms - Sellers: Unsold Property: Seller’s wines in US Wine Exports Company, Ltd. possession that do not sell in any auctions or that have been refused or withdrawn during the inspection process for any reason (“Unsold Property”), will be returned to Seller at Seller’s expense, following notice from US Wine Exports Company, Ltd.. US Wine Exports Company, Ltd. will store Unsold Property without charge for no more than thirty (30) days. Beginning on the 31st day after notice to Seller that Unsold Property is available for shipping or pick up, Storage Fees will begin to accrue. US Wine Exports Company, Ltd. reserves the right to claim a lien for all lawful charges for storage of Seller’s Unsold Property, as well as interest, insurance, transportation, labor, and other charges and expenses in relation to such goods. US Wine Exports Company, Ltd. reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Seller and US Wine Exports Company, Ltd., including without limitation under these Terms and Conditions or the applicable Seller’s Agreement. At any time after wines are consigned to US Wine Exports Company, Ltd., US Wine Exports Company, Ltd. may, upon written notice to Seller and any other person known to claim an interest in such goods, require the removal of any Unsold Property from US Wine Exports Company, Ltd. facility, upon payment of all charges attributable to such goods, within a stated period, not less than 30 days after such notice. If Seller does not timely comply with US Wine Exports Company, Ltd. request, US Wine Exports Company, Ltd. may sell Unsold Property in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if US Wine Exports Company, Ltd. believes, in good faith, that the subject wines are about to deteriorate or decline in value to less than the amount of US Wine Exports Company, Ltd. lien in a shorter period than 30 days, US Wine Exports Company, Ltd. may specify in the notification any reasonable time, less than 30 days after such notice, for removal of the Unsold Property and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law. US Wine Exports Company, Ltd. may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law. Storage Fees: For US Wine Exports Company, Ltd. Pro subscribers in good standing: Storage Fee is $0.25 per bottle for each month or part thereof. Storage fees are waived for the first six months for purchases. For Buyers/Sellers who are not US Wine Exports Company, Ltd. Pro subscribers: Storage Fee is $0.50 per bottle for each month or part thereof. Storage fees are waived for the first six months for purchases. Storage Fees are charged on a per month basis for each month or part thereof, and are not prorated or refunded. All Storage Fees are due and payable on the first day of storage for the initial month and thereafter on the first day of each succeeding calendar month. Wines will not be released or shipped until all Storage Fees are paid. Unless otherwise stated by US Wine Exports Company, Ltd. wines will be stored in US Wine Exports Company, Ltd. warehouse in California.
  9. The laws of the state where the auction is held shall govern the rights and obligations of all parties. US Wine Exports Company, Ltd. is fully licensed in the States of Illinois and California to perform wine auctions. All other claims arising out of or relating to the US Wine Exports Company, Ltd. Website and Services shall be governed by the laws of the State of California without regard to conflict of law principles.
  10. By accessing or using the US Wine Exports Company, Ltd. Website and Services, you agree not to do any of the following in connection with your use of the US Wine Exports Company, Ltd. Website and Services:
    • Breach these Terms & Conditions;
      • Use the US Wine Exports Company, Ltd. Website and Services in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, to provide false information, or to impersonate other users;
      • Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of the US Wine Exports Company, Ltd. Website;
      • Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property, personal or proprietary right;
      • Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
      • Post or transmit information or content that is false, hateful, abusive, threatening, libelous, defamatory, harmful to minors, discriminatory, obscene, pornographic or otherwise inappropriate, offensive, illegal, improper or disorderly, or contains or constitutes excessive messages or information;
      • Post or transmit any unauthorized commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;
      • Upload viruses or other malicious code;
      • Use any scripts, crawlers, bots, or other automated means to access the US Wine Exports Company, Ltd. Website for any purpose without the express written permission of US Wine Exports Company, Ltd., or use software to determine architecture of or extract usage data from the US Wine Exports Company, Ltd. Website;
      • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that may interfere or attempt to interfere with the proper working of the US Wine Exports Company, Ltd. Website; or
      • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  11. US Wine Exports Company, Ltd. reserves the right to set and enforce limits on the amount of data and other content that may be accessed by users of the US Wine Exports Company, Ltd. Website and Services. US Wine Exports Company, Ltd. may change, limit, suspend, or discontinue any aspect of the US Wine Exports Company, Ltd. Website and Services at any time without prior notice, including the availability of any feature, account, database or content. By using the US Wine Exports Company, Ltd. Website and Services, including without limitation the “US Wine Exports Company, Ltd. Cellar” feature, all users represent and agree that they are using the US Wine Exports Company, Ltd. Website and Services solely for their personal, non-commercial use.
  12. The US Wine Exports Company, Ltd. Website and all content, including, without limitation, design, text, graphics, pictures, videos, logo, data, pricing, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the sole proprietary property of US Wine Exports Company, Ltd. and are protected by copyright, patent and trademark laws. These Site Materials may not be used by anyone without US Wine Exports Company, Ltd. express, written permission.
  13. We reserve the right at any time to charge fees for access to features of the US Wine Exports Company, Ltd. Website and Services. However, in no event will you be charged for access to fee-bearing features unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for features of the account services that are now free, we will give you advance notice of such fees. You may cancel your access to fee-bearing features at any time; however US Wine Exports Company, Ltd. will not prorate the applicable fees. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the fee-bearing features through your account. US Wine Exports Company, Ltd. Pro subscribers will be charged an annual membership fee, which is currently $99/year. The US Wine Exports Company, Ltd. Pro subscription fee may be changed with prior notice to US Wine Exports Company, Ltd. Pro subscribers. US Wine Exports Company, Ltd. Pro subscriptions will renew automatically each year, and the annual membership fee will be charged to the US Wine Exports Company, Ltd. Pro subscriber until cancelled. US Wine Exports Company, Ltd. Pro annual membership fees are nonrefundable unless cancelled by the subscriber within thirty (30) days after the applicable renewal date. By initiating or continuing your US Wine Exports Company, Ltd. Pro subscription, you agree to these terms.
  14. If you post or submit any content or materials to or through the US Wine Exports Company, Ltd. Website and Services (User Content), you represent and warrant that (1) you own all necessary rights and permissions in such User Content; and (2) said User Content does not violate the intellectual property, proprietary, or personal rights of any person or entity (e.g., the User Content does not infringe any third party’s trademark, copyright, patent or trade secrets, and is not libelous or defamatory) and does not violate any law. You grant US Wine Exports Company, Ltd. a perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to your User Content, which includes without limitation the right for US Wine Exports Company, Ltd. or any third party it designates to use, copy, transmit, excerpt, modify, publish, translate, create derivative works from, perform, store and display the User Content, in any format or media whether now known or hereinafter developed. You are solely responsible for your User Content and any claims relating to same. However, while US Wine Exports Company, Ltd. does not and cannot review all User Content and is not responsible for User Content, US Wine Exports Company, Ltd. reserves the right to delete, move, or edit User Content that US Wine Exports Company, Ltd., in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
  15. In the United States US Wine Exports Company, Ltd. is bonded. Our bond number is 106294500.
  16. Your US Wine Exports Company, Ltd. Gift Card cannot be redeemed for cash, resold or transferred for value (except where permitted by law). In addition, it may not be used to purchase other US Wine Exports Company, Ltd. Gift Cards. Any unused balance on your US Wine Exports Company, Ltd. Gift Card may not be transferred. US Wine Exports Company, Ltd. is not responsible if your US Wine Exports Company, Ltd. Gift Card is lost, stolen, destroyed or used without your permission. In the event a US Wine Exports Company, Ltd. Gift Card is obtained through illegal or fraudulent means, US Wine Exports Company, Ltd. reserves the right to freeze, void or close the customer’s account and cancel any purchase order or charge any purchase using another payment method. Please contact US Wine Exports Company, Ltd. immediately if your US Wine Exports Company, Ltd. Gift Card is lost, stolen, or used without your permission. LIMITATION OF LIABILITY. US Wine Exports Company, Ltd. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO US Wine Exports Company, Ltd. GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT YOUR US Wine Exports Company, Ltd. GIFT CARD IS NOT FUNCTIONAL, PLEASE LET US KNOW. YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH US Wine Exports Company, Ltd. GIFT CARD. US Wine Exports Company, Ltd. SHALL NOT BE LIABLE FOR ANY AMOUNT BEYOND THE VALUE OF YOUR US Wine Exports Company, Ltd. GIFT CARD. 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.
  17. The balance of any accounts with US Wine Exports Company, Ltd., including any US Wine Exports Company, Ltd. Wallet or Gift Card balance, represents an unsecured claim against US Wine Exports Company, Ltd. and is not insured by any third party. If you have an amount owed to US Wine Exports Company, Ltd. and the amount is not the subject of a dispute, US Wine Exports Company, Ltd. may debit any of your US Wine Exports Company, Ltd. accounts, including any US Wine Exports Company, Ltd. Wallet or Gift Card to offset any amount you owe to US Wine Exports Company, Ltd.
  18. US Wine Exports Company, Ltd., in its sole discretion, may suspend, limit, hold or place other limitations on your use of the US Wine Exports Company, Ltd. Website and Services or any US Wine Exports Company, Ltd. account or credit in any account and US Wine Exports Company, Ltd. may release credits or funds in any US Wine Exports Company, Ltd. account to a third party in the event US Wine Exports Company, Ltd. receives notice of a court order or other legal process that requires such action.
  19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. YOU AGREE THAT YOU ARE MAKING USE OF THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU BY US Wine Exports Company, Ltd. ON AN “AS IS” AND “AS AVAILABLE” BASIS. US Wine Exports Company, Ltd. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, US Wine Exports Company, Ltd. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, US Wine Exports Company, Ltd. MAKES NO WARRANTY THAT THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER US Wine Exports Company, Ltd. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES NOR THEIR RELATED COMPANIES SHALL BE LIABLE FOR: (i) ANY DAMAGES (UNDER ANY THEORY) RESULTING DIRECTLY OR INDIRECTLY FROM (a) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES, (b) DELAYS OR DISRUPTIONS IN THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES, (c) ERRORS OR INACCURACIES OF ANY KIND IN THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES, (d) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE US Wine Exports Company, Ltd. WEBSITE OR SERVICES, OR (e) ANY SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT BY US Wine Exports Company, Ltd.; NOR FOR (ii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE US Wine Exports Company, Ltd. WEBSITE AND SERVICES. 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. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL US Wine Exports Company, Ltd. AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY NOR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF (i) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED TO TOTAL FEES YOU PAID TO US Wine Exports Company, Ltd. IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (ii) $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE US Wine Exports Company, Ltd. WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
  20. You agree to indemnify, defend and hold harmless US Wine Exports Company, Ltd. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or related to: (i) your access to or use or misuse of the US Wine Exports Company, Ltd. Website and Services; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms & Conditions or of any representation, warranty or covenant that you have made to US Wine Exports Company, Ltd.; (iv) your violation of the law; (v) your negligent or willful misconduct; or (vii) your violation of the rights of any third party. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
  21. Dispute Resolution. You and US Wine Exports Company, Ltd. each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms and Conditions, any prior version of these Terms and Conditions, or your use of or access to the US Wine Exports Company, Ltd. Website and Services, will be resolved in accordance with the provisions of this Dispute Resolution section. Please read this section carefully as it affects your rights. You and US Wine Exports Company, Ltd. agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem, all relevant documents/information and the proposed resolution. US Wine Exports Company, Ltd. will contact users of the US Wine Exports Company, Ltd. website based on the contact information provided to us. Notice to US Wine Exports Company, Ltd. must be sent to: US Wine Exports Company, Ltd. info@uswineexports.com IF AFTER 60 DAYS THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED UNDER THE PREVIOUS PROVISION, THE PARTIES AGREE THAT THE DISPUTE MUST BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS DISPUTE RESOLUTION SECTION, EXCEPT THAT YOU MAY ASSERT ELIGIBLE CLAIMS IN SMALL CLAIMS COURT. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. You and US Wine Exports Company, Ltd. each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to these Terms & Conditions, whether related to these Terms & Conditions or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by American Arbitration Association (“AAA”) under its rules and procedures in effect, as modified by these Terms & Conditions (as permitted under such rules and procedures), when the claim is filed and the arbitration shall occur in Napa County, California. The rules and procedures and other information, including information on fees, may be obtained from AAA's website (www.adr.org) and a form for initiating arbitration proceedings is available on AAA's site at http://www.adr.org. In addition to filing this form with AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: US Wine Exports Company, Ltd., info@uswineexports.com via email. If the value of the relief sought is $10,000 or less, you or US Wine Exports Company, Ltd. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and US Wine Exports Company, Ltd.. Attendance at an in-person hearing may be made by telephone by either of us, unless the arbitrator requires otherwise. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Further, each party agrees that any arbitration will be solely between US Wine Exports Company, Ltd. and the user of the US Wine Exports Company, Ltd., not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court. Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in Napa County, California.
  22. These Terms & Conditions, together with our Privacy Policy, both as may be amended from time to time in US Wine Exports Company, Ltd. discretion, and Additional Terms (as defined below), govern your access to and use of the US Wine Exports Company, Ltd. Website and Services. US Wine Exports Company, Ltd. may revise these Terms & Conditions and its Privacy Policy from time to time and will provide users of the US Wine Exports Company, Ltd. site with notice of any such changes by posting the new Terms or Policy on the US Wine Exports Company, Ltd. website and providing an updated effective date. By using the US Wine Exports Company, Ltd. website subsequent to any revision of these Terms & Conditions or Privacy Policy, you agree to be bound by such changes. If you do not agree to these Terms & Conditions or to the Privacy Policy, you must immediately terminate use of the US Wine Exports Company, Ltd. Website and Services. US Wine Exports Company, Ltd. may, in some instances, need to provide users with operating rules or additional terms that govern the use of parts of the US Wine Exports Company, Ltd. website (“Additional Terms”). Unless otherwise expressly set forth as part of any such Additional Terms, any such Additional Terms are made in addition to and part of these general Terms & Conditions, and are incorporated herein by reference. Users of the US Wine Exports Company, Ltd. website agree that US Wine Exports Company, Ltd. may provide Additional Terms at any time. To the extent any Additional Terms conflict with these Terms & Conditions, the Additional Terms will control.