JaysWine.com Store Policy

PLEASE NOTE THAT YOUR USE OF THE WEB SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF USE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY US FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WEB SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF USE.

General Provisions. You agree that Jayswine.Com 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 Web Site may not be legal by certain persons or in certain countries. U.S. Law requires requires that an individual be of legal age, TWENTY-ONE (21) YEARS OF AGE, TO VIEW AND PURCHASE ACOHOLIC BEVERAGES. If any provision of these Terms of Use 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 Jays Wine & Liquors to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jayswine.com in writing. The Terms of Use, along with the Jayswine.com Privacy Policy, comprises the entire agreement between you and Jayswine.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of Jayswine.com. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of Jayswine.com shall be null and void. These Terms of Use will inure to the benefit of Jayswine.com successors, assigns, and licensors. The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. Any action related to these Terms will be governed by New York State law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Westchester County, in the State of New York, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

User Obligations                                                                                                                                                                                                             You agree not to do any of the following while using the Web site:

Intentionally or unintentionally violate any applicable law or regulation.

Access, tamper with, or use nonpublic areas of the Web site or Jays Wine & Liquors computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

Frame or link to the Web site except as permitted in writing by Jays Wine & Liquors.

Third Party Content and Monitoring

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

Links

The Web Site may contain links to other web sites or resources. You acknowledge and agree that Jays Wine & Liquors 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 Web Site does not imply that Jays Wine & Liquors endorses the linked site

Protection of Content Provided by Jays Wine & Liquors and Its Licensors

 All text, graphics, logos, icons, images, audio clips and software on the Web Site ("Site Content") are copyrighted materials owned by or licensed to Jays Wine & Liquors. The Site Content may contain trademarks; service marks and trade names, which are owned by Jays Wine & Liquors 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 Jays Wine & Liquors, its affiliates, or third parties. " Jays Wine & Liquors " is a trademark of Jays Wine & Liquors. Unless authorized in writing by an officer of Jays Wine & Liquors, Jays Wine & Liquors trademarks may not be used in connection with any product or service that is not Jays Wine & Liquors, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jays Wine & Liquors. 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 Jays Wine & Liquors 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 Web Site. Nothing contained in the Web Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights of Jays Wine & Liquors, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Jays Wine & Liquors, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement. Jays Wine & Liquors 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 a Jays Wine & Liquors Designated Agent the following information:     

   1. Jays Wine & Liquors Policy Concerning Claims of Infringement.

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to a Jays Wine & Liquors designated agent as specified below. Please include the following information:

1.       A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

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.

          2. Jays Wine & Liquors Policy Concerning Repeat Offenders. Under the appropriate circumstances, it is Jays Wine & Liquors policy to remove and/or to disable access from Jays Wine & Liquors to web pages of repeat Offenders, to terminate subscribers and account holders who are repeat Offenders, and to remove and/or to disable access from Jays Wine & Liquors to web pages as to which there have been steps taken for the purpose of affecting Jays Wine & Liquors search results such as adding inappropriate "meta-tags."

DISCLAIMER OF WARRANTIES

ALTHOUGH JAYS WINE & LIQUORS STRIVES TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WEB SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WEB SITE. JAYS WINE & LIQUORS DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB 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 WEB 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. JAYS WINE & LIQUORS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEB SITE. THE WEB 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. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL JAYSWINE.COM 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 WEB SITE, THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JAYS WINE & LIQUORS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS JAYSWINE.COM LIABILITY OR YOUR REMEDIES.

Privacy Policy

JaysWine.Com is committed to protecting your privacy. Jays Wine & Liquors does not collect any personal information from you for its own use, but rather passes the information you provide during the registration process to the sponsoring organization and any other necessary third party. JaysWine.Com may act as a custodian of your information by storing your information on behalf of the sponsoring organization. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.

What information does JaysWine.Com collect and how is it used
To process and fulfill your request, we need to know your name, email address, mailing address, and other information that the sponsoring organization may request of you. We might request additional information from you in the future on an opt-in basis. You may choose not to provide this information; although, some products and services might not be available to you unless you provide the additional information. We might also ask for information about your interests or for feedback about our site so that we can tailor your experience to improve our site and service. Providing us with this information is always optional.

In addition to the information we collect directly from you, we also monitor and track usage of our Web site, viewing and traffic patterns, customer behavior, and other similar information. We compile this information into a statistical aggregate. We use this aggregate information as well as all of your personal information for internal business and administrative purposes including to improve our Web site, our product and service offerings, our operations, and our customer service. We may disclose this aggregate information, and any individual information provided by you on an opt-in basis, to third parties. We also might use your personal information from time to time to send you notices about special offers, new products, services, promotions, and other similar information.

How does JaysWine.Com protect customer information
When you request to communicate with a vendor or access your account information, we offer the use of a secure server that encrypts all your personal information before it is sent to us to help prevent unauthorized access to your information.

JaysWine.Com Privacy Policy Changes
If we decide to change our Privacy Policy, we will post these changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone.

If you have further questions regarding our privacy practices, or if you want to update any personal information you have provided Jays Wine & Liqours, please send email to wines@jayswine.com

Orders and Payment Information

False or Fradulent Identification Cards

(Penal Law-PL)

The following crimial charges may be considered if an underage persons alters, posses and/or uses false or fradulent written intsrument officially issued or created by a public office, public servant or governmental instrumentality. 

Manufacturers, posses or alters a drivers license:

1. Forgery in the 2nd degree (PL_170.10) D Felony.

2. Possession of a forged instrument 2nd degree (PL-170.25) D Felony

3. Criminal impersonation 2nd degree (PL-190.25) A Misdemeanor

4. False personation (PL-190.23) B Misdemeanor

Sales Tax Policy

Because Jays Wine & Liquors does business throughout the United States and collects and remits sales tax as required by law, the Jays Wine & Liquors Web site also collects and remits sales tax as appropriate. If you have tax-exempt status, please visit our Retail Store. You will be required to provide your state tax-exempt certification and tax-exempt form prior to purchase.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa® and MasterCard®.

Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.  Your credit or debit card will not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Jays Wine.Com Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Jays Wine.Com Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Order Limitations/Limited Quantities

JaysWine.Com may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. JaysWine.Com also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same JaysWine.Com account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.