Terms of Service
Effective November 1, 2016
Welcome to www.blissinabottle.com. This Site and other Internet sites affiliated with Bliss in a Bottle, Inc. (each individually and collectively referred to herein as a “Site”) are operated by Bliss in a Bottle, Inc. (“Bliss in a Bottle”), and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
PLEASE NOTE THAT YOUR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE, AS MAY BE UPDATED FROM TIME TO TIME (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BLISS IN A BOTTLE FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
- Site User Obligations. You, as a user of our website (“you”, “your” or “Site User”) agree to all of the Terms and Conditions outlined in this Terms of Service document. You further agree not to do any of the following while using this Site: (a) intentionally or unintentionally violate any applicable law or regulation; (b) access, tamper with, or use nonpublic areas of this Site or Bliss in a Bottle’s computer systems; or (c) frame or link to this Site except as permitted in writing by Bliss in a Bottle. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- Sale of Alcoholic Beverages. Bliss in a Bottle does not sell alcohol to persons under the age of 21. By using this Site you swear and affirm that you have attained the age of 21 or older. Bliss in a Bottle makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site you are acknowledging that the person receiving a shipment of alcoholic beverages from Bliss in a Bottle has attained the age of 21 or older. You also agree that any alcohol purchased from Bliss in a Bottle is intended for personal consumption only and not for resale. If you do not agree with these Terms of Service please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Bliss in a Bottle will prosecute you fully to the extent allowable by law. Returns of any items purchased on this Site shall be subject to our then-current return policy, as set forth on this Site, as may be updated from time to time.
- Title and Ownership. All transactions occur at the warehouse where the products sold by Bliss in a Bottle (the “Products”) are warehoused. As a courtesy Bliss in a Bottle will ship the Products to you at your cost. Title to, and ownership of, all Products passes from Bliss in a Bottle to you at the warehouse and state in which the Products are purchased. You hereby take all responsibility for shipping the wine from the warehouse to your home state. By arranging for transportation of the wine, Bliss in a Bottle is providing a service to, and acting on your behalf . By utilizing this service from Bliss in a Bottle, you are representing that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of Products. You represent that you have obtained any required permission, paid any required fees, obtained any required permits, are working through properly licensed intermediaries where required, are legally entitled to take possession of the Products, and are legally entitled to take quantities ordered. You represent and warrant that you are 21 years of age or older.
- Third Party Content and Monitoring. Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information concerning providers and users) are those of the respective author(s) or distributor(s) and not of Bliss in a Bottle. Bliss in a Bottle neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Bliss in a Bottle employees acting in their official capacities.
- Parental Control Protections. As required by the Communications Decency Act of 1996, Bliss in a Bottle hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors.
- Links. The Site may contain links to other web sites or resources (each a “Linked Site”). You acknowledge and agree that Bliss in a Bottle is not responsible or liable for (a) the availability or accuracy of such Linked Sites or resources; or (b) the content, advertising, or products on or available from such Linked Sites or resources. The inclusion of any link on this Site does not imply that Bliss in a Bottle endorses the Linked Site.
- Payment and Gift Certificates.
(a) In connection with any items or gift certificates you purchase using this Site, you agree to pay us the amounts displayed on this Site or in an applicable purchase order, together with any shipping charges that may apply to your transaction with us, each as determined by us. The policies and prices that are disclosed to you when you purchase items or gift certificates are a part of these Terms of Service. You authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees, costs, and other amounts incurred by you in this Site, as determined by us. In connection with any fees, costs, and other amounts paid by you, you agree: (i) to only provide valid and current payment information; (ii) that we may use the tools, software or services of the then-current payment processor used by us in connection with this Site (currently, PayPal, Inc., our “Payment Processor”) to process fees, costs, and other amounts as well as transactions on our behalf; (iii) to promptly pay all amounts which are due and payable to us upon demand; and (iv) to abide by the terms and policies of the Payment Processor. We are not responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the conduct of our Payment Processor. All amounts shall be paid in US Dollars.
- Protection of Content. All text, graphics, logos, icons, images, video, audio, software, and other content on this Site (collectively, “Site Content”) are copyrighted materials owned by or licensed to Bliss in a Bottle. The Site Content may contain trademarks, service marks and trade names which are owned by Bliss in a Bottle 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 this Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Bliss in a Bottle, its affiliates, or third parties. The mark “BLISS IN A BOTTLE” is a trademark of Bliss in a Bottle. Unless authorized in writing by an officer of Bliss in a Bottle, Bliss in a Bottle’s trademarks may not be used in connection with any product or service that is not Bliss in a Bottle’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bliss in a Bottle. 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 this Site Content in any way for any public or commercial purpose without prior written consent of Bliss in a Bottle or the rights holder. You may not use this 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 this Site Content will automatically terminate, you must immediately destroy any copies you have made of this Site Content, and we may end your authorization to use this Site. Nothing contained in this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Bliss in a Bottle, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in this Site Content are expressly reserved to Bliss in a Bottle, its affiliates, and/or any third party, as applicable.
- Copyrights and Claims of Infringement. Bliss in a Bottle 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 Bliss in a Bottle’s designated agent the following information:
(a) A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the site;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) 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.
Our designated agent is:
Dunlap Bennett & Ludwig, PLLC Attn: Thomas M. Dunlap, 8300 Boone Blvd, Suite 550, Vienna, VA 20181
- Notices. Bliss in a Bottle will give you any necessary notices by posting them on this Site. You authorize Bliss in a Bottle to send notices via electronic mail as well if Bliss in a Bottle decides, in its sole discretion, to do so. You agree to check this Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on this Site.
- Disclaimer of Warranties.
(a) ALTHOUGH BLISS IN A BOTTLE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF SITE CONTENT OR INFORMATION ON THE SITE. BLISS IN A BOTTLE DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE 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.
(b) YOUR USE OF THE 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. BLISS IN A BOTTLE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR SITE CONTENT. THE 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.
- Limitation of Liability
(a) IN NO EVENT SHALL BLISS IN A BOTTLE 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 SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLISS IN A BOTTLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
(b) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS BLISS IN A BOTTLE’S LIABILITY OR YOUR REMEDIES.
- Account and Termination.
(a) To Use certain aspects of our Site, you must create an account. You agree to provide true, accurate, current and complete information as prompted by our order form and/or account registration form. You also agree to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete. It is your obligation to maintain and control passwords to your account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
- No Responsibility to Sell Mispriced Products or Services. Bliss in a Bottle shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Bliss in a Bottle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Bliss in a Bottle shall immediately issue a credit to your credit card account in the amount of the charge.
- Modifications to Prices or Billing Terms. BLISS IN A BOTTLE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
- Force Majeure. Bliss in a Bottle shall be excused from performance under this Terms of Service if Bliss in a Bottle is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Bliss in a Bottle.
- Survival. The following provisions: 3, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and any and all provisions of these Terms of Service which in accordance with their terms must and/or are intended to survive the termination of these Terms of Service, your account, and/or your license to use or access this Site shall survive any such termination
(a) Any dispute or claim relating in any way to your use of any Bliss in a Bottle Service, or to any products or services sold or distributed by Bliss in a Bottle will be resolved by binding arbitration in Charles Town, West Virginia, rather than in court, except that you may assert claims in small claims court in the State of West Virginia if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
(b) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Bliss in a Bottle. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800- 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Bliss in a Bottle will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(c) We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Applicable Law. By using any Bliss in a Bottle Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of West Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Bliss in a Bottle. If you have any questions about these Terms of Service, please contact us.
Effective November 1, 2016
Welcome to www.blissinabottle.com. This Site and other Internet sites affiliated with Bliss in a Bottle, Inc. (each a “Site”) are operated by Bliss in a Bottle, Inc. (“Bliss in a Bottle”), and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
1. Information We Collect.
(a) Personal Data. Personal Data and other information are collected from you when you create an account with us or when you otherwise disclose Personal Data or other information to us or third parties when using this Site. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. To use certain aspects of our Site you may be asked to provide us the following information: name, email address, mailing address, billing address, payment information, and related requested information.
(b) Location Data. Third parties that we may engage may collect location information in relation to your Device and use of this Site (“Location Data”) with respect to you. If you use this Site, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of this Site. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other users of this Site to enhance the quality of Site Content. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.
(c) Use Data. When you send or receive Site Content using our Site, we collect data about that Site Content.
(d) Log Information. When you browse our Site, you do so anonymously, unless you have previously created an account with us. However, we may log your IP address to give us an idea of which part of our Site you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Site. Also, our Site may use a standard technology called a ‘cookie’ to collect information about how you interact with our Site. Please see Section 7 below for more information.
You can prevent Google Analytics from using your data by downloading the Google Analytics Opt-out Browser that is available from Google here: https://tools.google.com/dlpage/gaoptout, but if you do so, certain features of our Site may become unavailable. See Section 7 below for more information.
(g) Device Information. We or third parties we engage may collect data about the computer or Device you use to access our Site, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.
(h) Tracking Technologies. Third parties may collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Site or Linked Sites. Please see Section 7 below for further information regarding tracking technologies.
(i) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
2. How We Use It. We use your Personal Data to:
(a) enable us to provide this Site to you;
(b) notify you regarding Site, your account, Subscription, or fees;
(c) increase the usability of this Site;
(d) provide information about promotional offers;
(e) investigate objectionable use of this Site;
(f) respond to requests for assistance from our customer support team;
(g) analyze trends and use of our Site;
(h) analyze the Personal Data and other Site Content provided by Site users; and
(i) carry on our business, as determined by us.
3. Who We Share It With.
We will share Personal Data with third parties when:
(a) When necessary, as determined by us in our sole discretion, to provide Site to you. This includes for the uses listed in Section 2 above.
(b) When required by law or by court order.
(c) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Site users or third parties, or to prevent harm to others.
(e) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate this Site and perform other aspects of this Site. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
4. Your Choices.
(a) Any information, Personal Data, or content that you voluntarily disclose for transmitting to this Site may become available to other Site users and/or the public. Once you have transmitted content to this Site, you acknowledge and agree that any content you transmitted may be re-shared by Site users and others and we have no control over any such re-sharing.
(b) The Site may allow you to use this Site or third party social media websites, including but not limited to Facebook (“Social Media Profiles”) to share Location Data or other Site Content with Site users, a Linked Site, or other third parties. If you use such functionality of this Site, then you should use caution when determining to whom you want to make your Location Data and/or Site Content available. If you choose to transmit your Location Data and/or Site Content on third party Social Media Profiles, then, depending on the privacy settings of your Social Media Profiles, it is possible that persons in addition to those to whom you intended to view your Location Data and/or Site Content could have access to such information. Accordingly, you should use caution when sharing Location Data via and/or Site Content third party Social Media Profiles and you should carefully review the privacy practices of such Social Media Profiles.
(c) Any content that you transmit to publically viewable areas of this Site may be searchable by other Site users and may be viewable to third parties. We make every effort to prevent undesired disclosure of Site Content or Personal Data. However, we are not responsible for how others may use Site Content or Personal Data that is disclosed by you to Site users or third parties using our Site.
(d) If you remove information, Personal Data, or content that you transmit to this Site, copies may remain viewable in cached and archived pages of this Site, or if other Site users or third parties copied or saved that information.
(e) You may opt out of targeted advertisements from some third party companies by visiting the Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which provide simple ways to opt out of ad targeting from participating third party companies. When you opt out, your selection will be stored in a cookie that is specific to your Device or computer and the web browser you are using. The opt out cookie has an expiration date of five years. If you delete the cookies on your computer or Device, you will need to opt out again.
(f) We will contact you from time to time to provide you with information about items, orders, your account, and other aspects of our Site. See Section 18 of our Terms of Site for more information. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us; or (ii) following the instructions in the communication.
5. Security of Your Personal Information. We exercise commercially reasonable care in protecting the security of Personal Data provided to us. We make efforts to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in account security. Someone may see or edit your Personal Data if that person gains access to your user name and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
8. Advertisement Revenue. The Site may display advertisements operated by us, our Affiliates, and/or third parties. Some of the advertisements we display are targeted to you based on your online behavior and your click habits and we may receive compensation based on your clicks.
9. Compliance with the Children’s Online Privacy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Site. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. § 6501 – 6506). We never collect or maintain Personal Data through this Site from those we actually know are under thirteen years of age, and no part of this Site are structured to attract anyone under thirteen years of age. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any Site user.