Terms of Use - Sail Away Wine

Terms of Use

These Terms of Use (“Terms”) apply to the Sail Away Wine sites on which we have posted these Terms, including online, in-restaurant, mobile, or social locations (collectively, the “Sites”). The Sites are operated by Sail Away Wine. The terms “we,” “our,” and “us” in this Notice refer to Sail Away, LLC (“Sail Away Wine”). Sail Away Wine offers the Sites, including all information, tools, and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of a Site constitutes your agreement to these Terms.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

Accuracy, Completeness and Timeliness of Information on the Sites

Sail Away Wine is not responsible if information made available on the Sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Communications

Sail Away Wine communications will be conducted through various channels, including but not limited to, retail establishment devices, the Sites, email, and SMS/text. If you provide Sail Away Wine with your mobile telephone number for promotional purposes, you agree that Sail Away Wine may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. To quit, text “STOP” to any text message you receive. Text messages may not be available on all mobile carriers. See Privacy Notice for privacy related questions. If you sign up for additional mobile programs in connection with Sail Away Wine, you may receive additional messages in connection with such program.

Use of Materials on the Sites

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Sail Away Wine, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Sail Away Wine, is expressly prohibited without the prior written consent of Sail Away Wine. Sail Away Wine reserves the right to refuse, terminate or cancel any person’s registration for the Sites, and remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Termination of your access or use will not waive or affect any other right or relief to which Sail Away Wine may be entitled at law or in equity. Sail Away Wine, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Sail Away Wine’s sole discretion. Sail Away Wine neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Sail Away Wine. You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to intercept any system, data, or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites or through other social media platforms), including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

If you do submit material, and unless we indicate otherwise, you grant Sail Away Wine an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You further agree that Sail Away Wine is free to use any ideas, concepts, or knowledge that you or individuals acting on your behalf provide to Sail Away Wine. You grant Sail Away Wine the right to use the name you submit in connection with such material if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Sail Away Wine for all claims resulting from content you supply.

Conduct on the Sites

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current, and complete information about yourself and agree to our Privacy Notice.

Some features on the Sites may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Sail Away Wine immediately. Sail Away Wine may assume that any communications Sail Away Wine receives under your password have been made by you unless Sail Away Wine receives notice otherwise. You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Sail Away Wine’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Sail Away Wine’s express written consent.

Links

The Sites may contain links to other websites, some of which are operated by Sail Away Wine and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Sail Away Wine is not responsible for any losses, damages or other liabilities incurred because of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Sail Away Wine, its licensors or content providers, or other third parties. All these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Sail Away Wine reserves all rights not expressly granted in and to the Sites and their content. The Sites and all their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Sail Away Wine has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Sail Away Wine’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent by emailing letsgo@sailawaywine.com.

To be effective, your notification must be in writing, be provided to our copyright agent, and include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Sail Away Wine is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the Sites in our sole discretion at any time.

Disclaimers

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. SAIL AWAY WINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAIL AWAY WINE OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. SAIL AWAY WINE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SAIL AWAY WINE NOR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, SAIL AWAY WINE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SAIL AWAY WINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SAIL AWAY WINE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SAIL AWAY WINE IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND SAIL AWAY WINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Sail Away Wine and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Sail Away Wine reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sail Away Wine in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of Missouri and the United States govern these Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the state courts located in the County of Clay and the federal courts located in the County of Jackson for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Missouri and of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Disputes

You agree that by entering into these Terms, you and Sail Away Wine are each waiving the right to trial by jury and the ability to participate in a class action.

Any and all disputes Sail Away Wine or you has relating in any way to your relationship with Sail Away Wine (including without limitation with respect to your transactions with Sail Away Wine, Sail Away Wine’s advertisements and disclosures, email and mobile SMS (text) messages Sail Away Wine sends to you, or the use or disclosure of any information about you), these Terms, privacy notices, or terms of use, will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any Sail Away Wine intellectual property right. Claims may include, but are not limited to, claims based on contract, tort (including intentional tort), fraud, agency, your or Sail Away Wine’s negligence, statutory or regulatory provisions, or any other source of law.

If you intend to seek arbitration must first send to Sail Away Wine, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sail Away Wine should be mailed to:

Sail Away Wine
309 Armour Road
North Kansas City, MO 64116

The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.

All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Sail Away Wine and You agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims asserted either by or against Sail Away Wine in accordance with this section, Sail Away Wine will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against Sail Away Wine in any court, or in arbitration, with respect to any program claims. This section (confidential arbitration) will survive the termination of the relationship between you and Sail Away Wine.

Sail Away Wine or you may seek injunctive relief only in any state court in Clay County, Missouri, USA or federal court in Jackson County, Missouri, USA, and Sail Away Wine and you consent to the exclusive jurisdiction and venue in the state court in Clay County, Missouri, USA and federal court in Jackson County, Missouri, USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.

Notwithstanding anything to the contrary in these Terms, under no circumstances is Sail Away Wine liable for any incidental, indirect, special, punitive, exemplary, or consequential damages.

Changes To These Terms of Use

These Terms are effective January 1, 2022. Sail Away Wine reserves the right in its sole discretion to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the relevant Sites. There is no duty on Sail Away Wine to send you additional methods of notice of changes. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Sites shall be deemed your acceptance of any modified terms.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Sail Away Wine with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

How To Contact Us

If you have any questions or comments about these Terms or the Sites, please contact us by emailing us at letsgo@sailawaywine.com.