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, email, 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 and its related entities (“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.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or the Services, use of the Sites or Services, or access to the Sites or Services or any contact on the website through which the Sites or Services are provided, without express written permission by us.

Accuracy, Completeness and Timeliness of Information

We are 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 our Sites. You agree that it is your responsibility to monitor changes to our Sites.

Modifications to the Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Products or Services

Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Sites. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Third-Party Links

Certain content, products and services available via our Services may include materials from third-parties. Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on the Sites or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Sites will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Sites for indefinite periods of time or cancel the Sites at any time, without notice to you. In no case shall Sail Away Wine®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Indemnification

You agree to indemnify, defend and hold harmless Sail Away Wine® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Entire Agreement

These Terms and any policies or operating rules posted by us on the Sites constitute the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior agreements.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Missouri, United States.

Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Sites or the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You agree to waive any right to a jury trial or to participate in a class action. You agree that any arbitration will be conducted on an individual basis only, and not in a class, consolidated or representative action.

Changes to Terms

You can review the most current version of the Terms at any time at this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.