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Site Policy for Use & Privacy User Agreement UpCounty Fine Wine & Beer and/or its affiliates (collectively, "UpCounty") operate the UpCounty website located at www.upcounty.com, all pages residing at this domain and all websites owned and operated by UpCounty (collectively, the “Website”). The Website is offered to you, as user (“User”), conditioned on your acceptance, without modification, of the terms and conditions contained herein. By using the Website, you are agreeing that you have read and understood these Terms of Use and agree to comply with and be bound by these Terms of Use and Privacy Policy. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet and to the activities involved in using the Website. Please review the following terms carefully.
No Out of State Shipping of Alcohol Maryland prohibits the shipment of alcohol out of state. All UpCounty wine or beer purchases must be picked-up at the store. UpCounty does not offer delivery of alcohol within Maryland at this time. Legal Terms of Sale
All wines are sold in Maryland and title passes to the buyer in Maryland. UpCounty makes no representations to the legal rights of anyone to ship or import alcoholic beverages into any state outside of Maryland. Maryland prohibits the shipment of alcohol into or out of state. The buyer is solely responsible for any shipment of wines. By placing this order with us you authorize UpCounty to act on your behalf in processing the order. Wines may be sold and picked up at the store only by persons who are at least 21 years of age. In placing your order you represent to us that you are at least 21 years old. When your wines are picked up at the store, the person receiving delivery will be required to show identification proving that he or she is at least 21 years of age. All offers are void where prohibited by law and void to everyone under 21 years old.
Users Under 21
This Website is not directed at children under the age of 21 years. If you are younger than 21 years, do not provide any personally identifiable information in connection with your use of the web site or attempt to purchase alcohol.
Alcohol Purchase by Minors Prohibited
Persons under the age of 21 are forbidden to purchase alcohol on the Website as well as the UpCounty store. All Website customers are required to adhere to the following practices. 1) complete the age verification form on the Website prior to completing one’s first Website purchase 2) At the time of store pick-up of alcohol present a valid proof of age identification. Valid identification includes: Signed, valid State Drivers License with picture, Military I.D., State issued MVA Identification Card, Valid Passport, Immigration card.
Transfer & Assignment
We reserve the right to transfer any and all information that we collect from our visitors to a third party in the event that we sell or transfer substantially all of our assets related to the web site to such third party. Returns Policy
A fair return policy is critical to the UpCounty way of doing business. Our aim is always to do what is right for the customer and the soundness of our business. Note that as many of the wines offer by UpCounty are hard to find, rare, and in limited supply, all orders are subject to availability and quantity limitation. UpCounty reserves the right to replace orders with similar wines based on varietals, vintage and of equal or greater value. If no suitable substitute wine is available, we will issue a refund instead. No returns can be accepted for opened wine or for items with missing or damaged components.
General Disclaimer of Warranties & Limitation of Liability
UpCounty makes no warranty, either expressed or implied with respect to any product, and specifically disclaims all other warranties, including warranties for merchantability, non-infringement, and fitness for any warranties for merchantability, non-infringement, and fitness for particular purpose. UpCounty’s sole obligation and liability for product defects shall be, UpCounty’s option, to replace such defective product or refund to customer the amount paid by customer therefore. In no event shall UpCounty’s liability exceed the buyers purchase price. The foregoing remedy does not apply to products that have been subjected to misuse, neglect, accident or modification.
In no event shall UpCounty be liable to the buyer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, inconvenience or loss of opportunity) arising out of or relating to any product or service provided or to be provided by UpCounty, or the use or inability to use the same, even if UpCounty has been advised of the possibility of such damages.
Visitor Online Conduct
Please read these terms of use before using the website. If you do not agree with the following, please do not use this website:
User agrees to use the Website only for lawful purposes.
User agrees to use the Website only for its intended purposes.
User agrees not to disrupt the Website.
User agrees not to interfere with or compromise the security of the Website.
User agrees not to disrupt or interfere with any other visitor’s use of the Website.
You agree that you are solely responsible for any actions you undertake while visiting the Website and that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to the Website and the Internet, including United States copyright laws and export restrictions.
You represent and warrant that all information that you provide to gain access to the services provided by the Website is accurate and truthful.
Access to the Website is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by UpCounty at the Website. Any access of or attempt to access other areas of the UpCounty computer system or other information contained on the system, or any UpCounty computer, server, account, network, data, software and/or other hardware whether or not associated with the Website for any purposes is strictly prohibited. You may not use any information contained on the Website other than in connection with a legitimate business purpose.
UpCounty reserves the right to prohibit any conduct involving the Website that it deems to be inappropriate.
Accuracy of Content
All information, content and material comprising or made available on the Website (“Content”) serves informative purposes only and is not binding upon UpCounty. UpCounty recommends that Users exercise their own skill and care with respect to their use of the Website and that Users carefully evaluate the accuracy, currency, completeness and relevance of the material on the Website for their purposes. UpCounty does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. UpCounty makes no representation that the information contained on the site is appropriate or available for use in all countries.
We may, in our sole discretion and at any time, change Website Content or these Terms of Use, or modify or discontinue the Website or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any revised Terms of Use.
Product Orders
Nothing contained in the Website shall constitute an offer by UpCounty to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of the Website until a User places an order, and it is then accepted by UpCounty. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
Item Pick-up Lead Time
Processing of all orders will initiate immediately upon receipt. Orders will typically be available for pick-up at the store as follows: Regular Order Wine & Beer items (2-7 business days) Special Order Wine & Beer items (2-3 weeks)
Compliance with Law
The Website is owned by UpCounty. Visitors who choose to visit the Website do so on their own initiative. Unless otherwise specified, the Website is presented solely for the purpose of promoting programs, products and services of UpCounty available in the United States of America and such other countries where permitted by U.S. and local law. The Website is controlled and operated by UpCounty from its offices in the State of Maryland, United States of America. UpCounty makes no representation that Products in UpCounty Websites are appropriate or available for use in other locations. Those who choose to access UpCounty Sites from other locations do so on their own initiative and are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of the Website and the information, content, material and services contained herein.
Copyright, Trademark and Intellectual Property
All Content (including, without limitation, any text, graphics, computer source code, object code, html code or other code comprising the Website) is owned by or licensed to UpCounty. The copyright in and to the Website and all Content is owned by UpCounty. UpCounty retains and reserves all rights in and to the Website and all Content. The reproduction, distribution, transmission, display or use of the Website and any Content is prohibited without the prior written consent of UpCounty.
UpCounty grants you permission to display, copy, distribute, print and/or download the Content on the Website for your personal use only. Except as expressly authorized by UpCounty, if you display, copy, distribute, print and/or download the Content on the Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Website and the Content.
The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of such permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.
“UpCounty,” “UpCounty Fine Wine & Beer” “UpCounty.com” and “UpCounty Exclusives” and the UpCounty logo are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of UpCounty and may not be used, copied or imitated without the prior written consent of UpCounty.
UpCounty’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages UpCounty. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on the Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in the Website on any other website or server.
Third Party Content
References on the Website to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply UpCounty’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. UpCounty is not responsible for the availability, content or any use of such referenced sites and/or organizations. UpCounty may display Content supplied by visitors and other third parties on its Website. UpCounty maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
Editing, Deleting and Modification
UpCounty reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any Content, feature, aspect, product or service comprising, or available through, the Website at any time.
Indemnification Accuracy of Content
You agree to indemnify, defend and hold UpCounty and Affiliated Parties harmless from any damages, liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Use.
Severability
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.
Headings of the Terms of Use
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.
Entire Agreement
These Terms of Use constitute the entire and only agreement between you and UpCounty and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
No Waiver
The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Acceptance
I understand that by using the Website, I am subject to the Policies set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such Policies.
If you do not agree to the conditions and terms of the Policies herein, you are prohibited from using the Website.
Respect for Customer Privacy
UpCounty
Fine Wine & Beer (“UpCounty”) respects its customer’s privacy. Our
aim is to maintain your confidence in the handling of any data and
information collected during a visit to the Website and store location.
We have developed and provided this Privacy Policy to inform you of our
practices and policies regarding the collection, use, maintenance, and
disclosure of your personal data and information.
We
are committed to providing you with adequate information so you can
make an informed decision whether to visit the Website and whether you
wish to voluntarily provide any personal data or information, e.g.,
your name, e-mail address, telephone number, etc. Details for the
UpCounty Privacy Policy is described in the following sections.
Protection of Certain Personally-Identifying Information
Where
UpCounty has collected personally-identifying information subject to
any of the exceptions described in this Policy section, below, it
discloses that information only to those of its employees, contractors,
service providers, and partners and related organizations that need to
know that information in order to process it and that have agreed not
to disclose it to others. Some of those employees contractors, service
providers, and partners and related organizations may be located
outside of your home country; by using the World Wide Web. You consent
to the transfer of your information to them. UpCounty does not rent or
sell such information to anyone. Other than to its employees,
contractors, service providers, and subsidiaries and related
organizations, as described above, UpCounty discloses such information
only when required to do so by law, or when UpCounty believes in good
faith that disclosure is reasonably necessary to protect the property
or rights of UpCounty, members of the UpCounty community, or the public
at large. UpCounty takes all measures reasonably necessary to protect
against the unauthorized access, use, alteration or destruction of such
information.
Credit Card Protection
Credit card
information entered at checkout is deleted permanently as soon as an
authorization is made and the charge processed. UpCounty does not
store card numbers, expiration dates, security codes or other personal
card information in its database. As a result, customers are required
to re-enter card information during each visit where items are
purchased.
Guarantee
Except as expressly provided in
this paragraph, UpCounty Fine Wine & Beer hereby disclaims any
guarantee and all express or implied warranties of any kind. UpCounty
makes no guarantee or warranty regarding the operation or performance
of any security measure or device installed on its website or used in
processing online transactions. The foregoing states the entire
liability of UpCounty with respect to data theft or corruption.
Changes to Policy
UpCounty
reserves the right to update or modify this Policy, at any time and
without prior notice, by posting the revised version on this Site.
These changes will be effective as of the date the revised version is
posted the Site. Any use of the Site following any such change
constitutes the user’s agreement that all personal information
collected from or about the user through the Site after the revised
Policy is posted will be subject to the terms of the revised Policy.
Cookies
"Cookies"
are small data files that are written to and stored on your hard drive
when a user visits a web site. They do not read files on the users hard
drive. Like many web sites, UpCounty may use cookies to personalize a
user's experience of the web site and to make it easier for users to
complete forms. Our cookies do not track user movement once you leave
the Website, except for noting your destination address. Most web
browsers allow the user to be notified upon the proposed installation
of a cookie and the user can then decline the cookie. Even if the user
declines the cookie, he/she may continue to use our entire web site.
UpCounty
uses data and information received from cookies for marketing purposes
and to improve on-line offerings for services and products. UpCounty
may also use cookies to evaluate the site's technical capacity and to
review its navigational structure. For example, to revise or
restructure the web site for more user-friendly, faster and generally
more efficient shopping.
Currently,
the data and information UpCounty collects with cookies is only
reviewed in an aggregated form, which is not personally identifiable.
In the future, however, we may correlate the data and information
received from cookies with personally identifiable information, to
identify specific users and track their web site usage. This personally
identifiable information will be limited to contact information, such
as the user's name, address, phone number, fax number, and e-mail
address. UpCounty’s use of this combined information will continue to
be solely for the purposes stated above with respect to information
collected through cookies.
Whether
or not the data and information received from cookies is correlated to
any specific user, we do not, and will not, disclose, sell, rent or
share any data or information derived from cookies with any third
parties.
Log Files
UpCounty
also reviews data and information contained in log files located on our
web server, which record the date and time of each visit to our web
site, the user's IP (internet protocol) address, the referring IP
address or domain (the prior web site visited), and the files viewed on
our web site (including HTML pages, graphics, etc.). UpCounty may use
this log file information to analyze data in the aggregate to determine
the trends and usage of the site. We can not correlate the log data to
identify specific users. Further, UpCounty does not, and will not,
disclose, sell, rent or share any information derived from log files
with any third parties.
Voluntarily Provided Information
If
a user registers for or enrolls in a program or service through the
UpCounty.com web site, make purchases from our on-line offerings,
respond to a request for information or make any other on-line request,
the user or customer will be voluntarily providing personally
identifiable information. If you do not agree with this Privacy Policy,
we ask that you please do not provide the requested information. You
may nevertheless continue to use most of the web site, subject,
however, to the collection of information through cookies and log files
as discussed above. If you have previously provided personally
identifiable information by registration through our web site, you may
request to be removed from our active database of mailing lists.
Voluntarily
provided information is used to send its customers announcements of new
products, updates, and promotional information, as well as to provide
the services or goods requested and enable better customer service.
UpCounty may share personally identifiable information with its
employees, related organizations (“Affiliates”) as well as with
third-party business partners, sales representatives and distributors
(collectively, "Partners"). UpCounty’s “Partners” may provide the
requested goods or services to you directly or otherwise contact you
directly. Moreover, UpCounty may rely on various third-party service
providers and contractors ("Service Companies") to provide certain
services. For example, credit card billing, for which it is necessary
to provide users' personally identifiable information. We
do not, and will not, disclose, sell, rent or share any personally
identifiable information received as a result of enrollment,
registrations or e-commerce transactions on our web site with any third
parties, other than our Affiliates, Partners, Service Companies, or as
otherwise stated in this Privacy Policy.
Please
note that although we may seek to require that Affiliates, Partners,
and Service Companies use information regarding our users only in the
ways permitted by this Privacy Policy, we do not control and are not
responsible for their privacy practices, or those of any other party.
Collection of Data & Information by Our ISP
Our
Internet Service Provider (ISP) also collects certain information about
your visit. It is the same information contained in a log file that we
collect and analyze, i.e., the date and time of the visit, the user's
IP (internet protocol) address, the referring IP address or domain, and
the files viewed on our web site (including HTML pages, graphics,
etc.). In addition, our ISP has access to back-up files containing the
personally identifiable information that you voluntarily provide (even
if your input fails). The ISP does not disclose, share, release,
publish, disseminate, rent, or sell any personally identifiable
information to any third parties, but does use the log files to analyze
data in an aggregate form, which is not personally identifiable
information.
Links to Third-Party Web Sites
Through
our web pages, you may connect to third parties' web sites via
hyperlinks, and the connections may or may not be obvious. We are not
responsible for the collection, use, maintenance, sharing, or
disclosure of data and information by such third parties. We encourage
our users to be aware of the varied privacy policies of web sites that
they visit.
Correspondence
We maintain and review
e-mail correspondence that you send to us. We will use (and maintain in
a file specific to you) the personally identifiable information
disclosed in the e-mail. Because such correspondence contains
information that is not transmitted through the operation of our web
site, it is not subject to the terms of this Privacy Policy.
Required Disclosures of Data & Information
In
addition to disclosures to our Affiliates, Partners, and Service
Companies, and regardless of anything in this Privacy Policy to the
contrary, we may disclose personally identifiable information, with or
without prior notice to you, when we believe that the law requires it,
in response to subpoenas or at the demand of governmental agencies, to
protect our systems or business, to protect other visitors to the web
site, or to respond to an emergency. If you partake, or we reasonably
suspect you of partaking in any illegal activity we may also disclose
your personally identifiable information, even without a subpoena,
warrant or court order. We may also make disclosures of your personally
identifiable information with your affirmative consent.
Maintenance & Transmission of Data & Information
Although
we use reasonable efforts to maintain the privacy of your personally
identifiable data and information, due to technological limitations,
and the risk of unlawful interceptions and accessing of transmissions
and/or data, we cannot completely assure you, and you should not
expect, that your personally identifiable data and information, and any
other electronically communicated information, will be absolutely
confidential.
For
all e-commerce transactions, we use industry-standard commercial
encryption technology to protect the data and information that you
transmit to us via our web site. Although this technology is not
flawless, we believe that it provides reasonable protection for your
data and information. Further, UpCounty’s goal is to update protective
devices as encryption technology develops in the future.
Once
received, personally identifiable information is protected from outside
UpCounty by "firewalls," and access within UpCounty is generally
limited to the sales, marketing, and information technology
departments. We also seek to require our Affiliates, Partners and
Service Companies to exercise reasonable efforts to maintain the
confidentiality of your information.
Your Right to Review & Modify Data & Information
You
have the right to remove yourself from our active databases of e-mail
lists. To do so, you should follow the instructions provided on the
website. UpCounty will take efforts to comply with your request as
soon as reasonably possible. To protect your confidentiality, we can
only send a requested profile to the e-mail address listed in the
profile. We reserve the right to contact former customers or users of
the web site from time to time.
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