Terms & Privacy
If you received a mailing from VintageSpec, Inc., (VintageSpec), (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings. Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.
Any communication or material you transmit to VintageSpec by electronic mail or otherwise, including but not limited to any data, comments, suggestions, and the like, will be treated as confidential. Files or Data you transmit or post will not be used by VintageSpec for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without your prior permission with the exception of comments, suggestions and testimonials which are treated as non-confidential and non-proprietary and may be used on the VintageSpec website and marketing materials.
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law or required under a subpoena. We may respond to subpoenas without notice to you. VintageSpec has no obligation to notify Customer about whom the information is sought or that VintageSpec has provided the information. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
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WEB SITE TERMS OF SERVICE
Introduction Thank you for visiting http://www.vintagespec.com/. This site is owned and operated by VintageSpec, Inc. ( VintageSpec).
2. Ownership And Copyright All pages within this Site and any material made available for streaming or download are the property of VintageSpec, Inc., its subsidiaries, affiliates, vendor or licensors. VintageSpec is the exclusive owner and proprietor of the Site. The Site Content and Site code ("Site Code") as they exist on the Site are offered to you by VintageSpec for limited use pursuant to these Terms of Service. As used herein, "Site Content" means any and all human readable patent audio and/or visual elements of this Site created or owned by VintageSpec, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works, home movies and home digital photography), designs, logos, information and other content made available through the Site by VintageSpec in concert with third parties. "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, data and other sets of statements and instructions contained in the underlying Site. The Site Content and Site Code are owned by VintageSpec and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted by VintageSpec, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link distribute or exploit in whole or in part any Site Content or Site Code. Any violation of copyright laws may result in severe civil and criminal penalties.
3. Site Content. All Site Content, including without limitation, the text, images, audio (streaming or downloadable), and video (streaming or downloadable) and any other materials accessed through or made available for use or download through this Site are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of VintageSpec.
4. User Available Content. If at any time, VintageSpec makes available to users certain content or software that may be either accessible or downloaded from this Site, whether such content or software is owned by VintageSpec or a third party, the provisions of Section 5 below and any third party end user license agreements apply.
5. License; Restrictions On Use. VintageSpec hereby grants you a limited, nonexclusive, nontransferable license to access, use and privately display the Site solely for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you fully comply with the terms of this TOS. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or any prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround or enclose the VintageSpec name, trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of VintageSpec and/or our affiliates or subsidiaries without VintageSpec express written consent. You may not use any meta-tags or any other "hidden text" utilizing VintageSpec name or trademarks without the express written consent of VintageSpec. As a condition of your use of this Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these TOS. If you breach any of these TOS, your authorization to use this Site automatically terminates and civil and criminal penalties may apply.
6. Products sold "As-Is". All products sold by us are subject to our terms and conditions of sale, which is a separate agreement. Under such agreement, all products are sold "as-is" regardless of description.
7. Dealings with Third Parties From time to time, VintageSpec may sell, recommend, and/or offer links to products manufactured by other businesses on the Site. We are not responsible for examining or evaluating their products, and we do not warrant their products nor the contents thereof. VintageSpec does not warrant to, nor assume any responsibility or liability for the actions, product, and content of their products or respective web sites. When you access a non- VintageSpec site, please understand that it is independent from VintageSpec, and that VintageSpec has no control over the content on that Web site. In addition, a hyperlink to a non- VintageSpec Web site does not mean that VintageSpec endorses or accepts any responsibility for the content, or the use, of the linked site. You agree that VintageSpec shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such recommendation or links.
8. Hyperlinks The Web site may provide, or third parties may provide, links to other Wide Web sites or resources. Because VintageSpec has no control over such sites and resources, you acknowledge and agree that VintageSpec is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VintageSpec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree not to link to any part of our Site except upon advance permission which may be withheld for any person.
9. Trademark Notice All trademarks on the Site are the property of VintageSpec or their respective owners in the United States and other countries and no right or license is granted to you with respect to such trademarks.
11. Disclaimer of Warranties VintageSpec DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE PROVIDED THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE CONTENT, SOFTWARE AND SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS. VintageSpec MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VintageSpec SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. VintageSpec DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
VintageSpec DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT VintageSpec SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VintageSpec SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
VintageSpec OFFERS NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, EFFICACY OR VALUE OF INFORMATION, ADVICE, OR INSTRUCTIONS IN RELATION TO SITE CONTENT.
12. Limitation of Liability Regarding Use of Site. VintageSpec AND ITS AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. THIS LIMITATION APPLIES: (1) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY; AND (2) REGARDLESS OF WHETHER OR NOT VintageSpec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.
13. Accuracy and Integrity of Information; Availability of Service Although VintageSpec generally VintageSpec attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site and does not verify every piece of information thereon. Information contained on the Site may be changed or updated without notice. To the extent that VintageSpec permits users to post statements, those statements are not monitored and are solely the statement or opinion of the poster, but VintageSpec reserves the right to remove any and all such postings for any reason. You represents and warrant that any post made by you complies with all laws and third party rights.
14. Termination. VintageSpec reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause and with or without notice.
15. Statute of Limitation . A ny cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
17. Other These Terms of Service shall be governed by the laws of the United States and the State of Colorado. Any action arising out of or relating to these Terms of Service shall be brought exclusively in the appropriate state court in Colorado Springs, Colorado or federal court in Denver, CO (or for disputes concerning $15,000 or less shall be resolved in the City Court for the City of Colorado Springs). VintageSpec and you irrevocably consent to the jurisdiction of such courts and venue in El Paso County, Colorado and, if in federal court, in the federal courts located in Denver, CO. If any action is brought by either party under these Terms of Service against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses. These Terms of Service constitute the entire agreement between VintageSpec and you with respect to the subject matter of this Agreement.
18. Severability If any provision of the TOS shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
9. Export and other Restrictions No product ordered from this Site will be shipped outside of the United States of American and you represent and warrant that all other use shall be in compliance with the laws of the United States of America, including all export
Revised on July, 21, 2006
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WINE AND SPIRITS SALES TERMS
STANDARD TERMS OF SALE - WINES & SPIRITS
Wines & Spirits may be sold and delivered only to persons who are at least 21 years old and who reside in the United States of America.
1. Age. By placing an order for wine or spirits, the Buyer warrants that the Buyer is at least 21 years of age, and that the Buyer is having the order shipped or delivered to a person at least 21 years of age. At the time of delivery, any shipment containing wine or spirits will require the signature of an adult possessing valid picture identification issued by a government agency proving he or she is at least 21 years old.
2. Title and Shipping. Title to all goods remains with VintageSpec, Inc. ( VintageSpec) until paid in full and the goods are placed with a carrier as set forth below. All goods are supplied, ex-cellars, Colorado Springs, Colorado, and must be paid for in full prior to placement with the carrier or delivery service. Accordingly, all goods are sold in Colorado and title passes to the Buyer in Colorado Springs, Colorado. All shipping costs, including insurance, are paid by the Buyer. Colorado state and local sales tax is payable on all taxable goods delivered in Colorado. Except for Colorado, Buyer is responsible for all state and local taxes that may be applicable to the jurisdiction to which the order is shipped or for which Buyer is a resident.
3. Loss or Damage. The Buyer is solely responsible for the shipment of wines and is responsible for any loss or damage to goods once they have been placed with the carrier or delivery service. By placing an order, you authorize VintageSpec to act on your behalf to engage a carrier or delivery service to deliver your wine to you. Shipments are not insured except as is separately purchased by Buyer.
4. Restrictions Outside Colorado.
a. VintageSpec makes no representation or warranty about Buyer's or any third party rights to receive to receive or import wines into any state outside of Colorado.
b. The Buyer is reminded that various states impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction without requiring the purchaser, seller or shipper to possess certain licenses or permits.
c. VintageSpec, as a condition of sale, disclaims any obligation to Buyer, and Buyer expressly assumes all liability and responsibility whatsoever for compliance with laws of the jurisdictions to which the Buyer has selected shipment and for which the Buyer is a resident. Prior to placing any order, Buyer is strongly advised to investigate such limitations and to determine the manner in which alcoholic beverages may be lawfully brought into states other than Colorado. VintageSpec reserves the right to rescind or reject any order for any reason, including Buyer's failure to act in accordance with the state and local laws that govern Buyer. The Buyer is responsible for all applicable excise, use and sales taxes due their state related to the purchase of any taxable goods from VintageSpec, other than the state of Colorado. There may be states or locations to to which VintageSpec cannot or will not ship wine or spirits.
d. If VintageSpec for any reason is not satisfied with the Buyer’s representations and warranties, proposed shipping arrangements outside the state of Colorado, or any other failure to comply with VintageSpec terms and conditions, then VintageSpec, may, at VintageSpec's option (a) deliver the wine to the Buyer at a location in Colorado designated by Buyer, in which case Colorado sales tax will be payable by the Buyer or (b) rescind or reject the order as provided below. If no Colorado delivery address is immediately provided by Buyer, VintageSpec reserves the right to charge the Buyer for storage and insurance until a delivery address in Colorado is provided. All such charges must be paid in full prior to delivery. VintageSpec reserves the right to rescind any order for which a valid Colorado address has not been provided for delivery. The sole and exclusive remedy of the Buyer in the event of rescission is as provided in Section 8 below.
5. Local Delivery. VintageSpec will make a “local delivery” attempt at no charge to the following zip codes: 80903, 80904, 80905, 80906, 80907, 80909, 80910 and 80829 either through a delivery service or on its own behalf. A VintageSpec representative will contact you to arrange a convenient time for your delivery. You may cancel a delivery attempt up to 30 minutes before your scheduled time. Local and state laws require that VintageSpec collect an adult signature for all deliveries of alcoholic beverages without exception. If no one, or no one authorized to sign for your delivery who is at least 21 years of age, is at your address at your scheduled delivery time, VintageSpec will not release the wine, nor leave it without a signature. Subsequent delivery attempts will cost $7.00 per attempt. Please contact VintageSpec to reschedule your delivery at your earliest convenience.
6. Extended Local Delivery. VintageSpec will make “extended local delivery” attempts at the rate of $7.00 per attempt to the following zip codes: 80132,80133, 80809, 80817, 80831, 80840, 80863, 80908, 80911, 80913-80922, 80925, 80926, 80928-80930. A VintageSpec representative will contact you to arrange a convenient time for your delivery. You may cancel a delivery attempt up to 60 minutes before your scheduled time. Local and state laws require that VintageSpec collect an adult signature for all deliveries of alcoholic beverages without exception. If no one, or no one authorized to sign for your delivery who is at least 21 years of age, is at your address at your scheduled delivery time, VintageSpec will not release the wine, nor leave it without a signature. Subsequent delivery attempts will cost $7.00 per attempt. Please contact VintageSpec to reschedule your delivery at your earliest convenience.
7. Futures. For “pre-arrival” or “futures” purchases, availability dates are estimates only. For such purposes, the buyer is responsible for any increase in federal, state or local taxes which may be imposed between order confirmation and delivery. VintageSpec reserves the right to rescind any futures purchase for any reason, including failure of a manufacturer, importer or distribution to make deliveries to VintageSpec.
8. Sole and Exclusive Remedy. If VintageSpec for any reason is unable to fulfill its obligations to the Buyer, VintageSpec’s sole obligation to Buyer, and the Buyer’s sole and exclusive remedy, is refund of the purchase price, without interest.
9. Warranty of Title. VintageSpec warrants VintageSpec is conveying title to the wine free of any liens or encumbrances of VintageSpec.
10. Limited Warranty of Contents, To the Knowledge of VintageSpec. VintageSpec warrants that, to VintageSpec’s knowledge, without investigation or testing, the wine or spirits shipped are as described on the respective label. Without limiting the foregoing, VintageSpec attempts to purchase wine and spirits from reputable persons, but does not perform any independent verification of contents.
11. DISCLAIMER OF OTHER IMPLIED OR EXPRESS WARRANTIES. Except as set forth in Section 9 (Warranty of Title) and Section 10 (Limited Warranty of Contents, To the Knowledge of VintageSpec). VintageSpec (a) makes no warranties, expressed or implied, of any type about the wine, spirits or other products being sold and (b) sells the products "as-is". Without limiting the foregoing, because wine by its nature is subject to change in the bottle over time and has been produced and stored by third parties, VintageSpec makes no warranty or guaranty of the quality and drinkability of any wine or spirits that it sells. THE WARRANTIES SPECIFIED IN THIS CONTRACT ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Returns. Except for claims of warranties under Section 9 or Section 10, no dion Except as set forth in Section 9 (Warranty of Title) and Section 10 (Limited Warranty of Contents, To the Knowledge of VintageSpec) all sales are final and no returns are permitted. Any return accepted at the discretion of VintageSpec does not create a course of performance with respect to future orders. If Buyer has a warranty claim under Section 9 or 10, Buyer must first contact VintageSpec and request a return authorization number. Returns delivered without a return authorization number will be rejected.
13. Other This Agreement shall be governed by the laws of the United States and the State of Colorado. Any action arising out of or relating to this Agreement shall be brought exclusively in the appropriate state court in Colorado Springs, Colorado or federal court in Denver, CO (or for disputes concerning $15,000 or less shall be resolved in the City Court for the City of Colorado Springs). Buyer and VintageSpec irrevocably consent to the jurisdiction of such courts and venue in El Paso County, Colorado and, if in federal court, in the federal courts located in Denver, CO. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses. This Agreement constitutes the entire agreement between VintageSpec and Buyer with respect to the subject matter of this Agreement. Without limiting the foregoing, this agreement may not be modified orally. If any provisions of this Agreement shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Revised on July, 21, 2006
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