Please Read These Terms and Conditions Carefully
Before Using This Site.
This is a binding agreement (the "Agreement") between
you and Famous Trading, Lombard, doing business under the names
“Famous Wine and Spirits” and “Famous Liquors”.
These Terms and Conditions, as well as applicable laws, statutes,
ordinances and regulations, govern any access and use of the Famous
Wine and Spirits Web site. The Famous Wine and Spirits Web site
is made available to you for your lawful use only. Your access or
use of this site, submission of any personal information and participation
in a Famous Wine and Spirits service signifies that you have read
and understood the terms of this Agreement, that you have the right,
authority, and capacity to enter into this Agreement, that you agree
to abide by these Terms and Conditions and that you consent to the
use by Famous Wine and Spirits of the information that you submit,
including uses that may involve sharing the information with third
parties. If you do not agree to abide and be bound by these Terms
and Conditions, do not use the site, register for a service offered
by Famous Wine and Spirits or download materials from the site.
Any rights not expressly granted within these Terms and Conditions
are reserved by Famous Wine and Spirits .
Eligibility
You must be at least twenty-one (21) years old to register with
Famous Wine and Spirits . Use of this Web site is void where prohibited.
Copyright and Trademark Notice
This site is protected by U.S. copyright laws, and may be protected
by the copyright laws of other countries and jurisdictions. Except
as specifically permitted below, any copy, reproduction, display,
performance or retransmission of the contents of this site is strictly
prohibited. Any use of “Famous Wine and Spirits ” or
any other trademarks, trade names and logos under which Famous Wine
and Spirits does business is strictly prohibited absent our prior
written consent. In addition, the names, tradenames and trademarks
of any third parties that may appear on this site are proprietary
to their respective owners and may be used only with their express
written permission. Any use whatsoever of any materials on this
Web site is strictly prohibited, unless the prior written permission
of Famous Wine and Spirits and/or the appropriate third-party has
been secured. Limited permission to view and cache using a browser
and to print for non-commercial purposes is hereby granted subject
to the Terms and Conditions herein. Except as permitted above, no
license or right, express or implied, is granted to any person under
any patent, copyright, trademark or other proprietary right of Famous
Wine and Spirits.
Prohibited Uses Generally
Without limiting the foregoing, you will not transmit information
to or through the Web site that contains any computer programming
that is intended to damage or interfere with any aspect of this
site. In addition, you will not:
(a) provide any incomplete, false or inaccurate personal or other
information;
(b) delete or revise the personal information of any other visitor
to our site;
(c) take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of our site;
(d) use any device to interfere or attempt to interfere with the
proper working of our site or any activity being conducted on this
site;
(e) use or attempt to use any device to navigate or search our site
to harvest or otherwise collect information to be used for any commercial
purpose;
(f) attempt to decompile or reverse engineer any of the software
making up a part of our site.
You will not violate or attempt to violate the security of the
Web site, including, without limitation:
(a) accessing data not intended for you or accessing an account
that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of our site
or to breach security or authentication measures;
(c) attempting to interfere with service to any user, host or network;
(d) forging any TCP/IP packet header or any part of the header information
in any e-mail.
Violations of system or network security may result in civil or
criminal liability.
Authorized User Account, Password, And Security
In order to access portions of the Famous Wine and Spirits Web site,
you may be required to enter a user name and password. You are entirely
responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You will notify Famous
Wine and Spirits if you become aware of any unauthorized access
or use of your account or any other breach of security. Famous Wine
and Spirits will not be liable for any loss that you may incur as
a result of someone else using your password or account, either
with or without your knowledge. You may not use anyone else's account
on this Web site at any time, without the permission of the registered
account holder.
DISCLAIMER AND LIMITATION OF LIABILITY
THE FAMOUS WINE AND SPIRITS WEB SITE, THE SITE CONTENT, AND THE
PRODUCTS AND SERVICES DESCRIBED ON OR PROVIDED THROUGH THE FAMOUS
WINE AND SPIRITS WEB SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. FAMOUS WINE AND SPIRITS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT
TO THE INFORMATION OR CONTENT POSTED ON ITS WEB SITE. FAMOUS WINE
AND SPIRITS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN
NO EVENT SHALL FAMOUS WINE AND SPIRITS OR ITS SUBSIDIARIES, AFFILIATES,
VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY PORTION
OF THE FAMOUS WINE AND SPIRITS WEB SITE, ANY SITE CONTENT, ANY PRODUCTS
OR SERVICES PROVIDED ON OR THROUGH THE FAMOUS WINE AND SPIRITS WEB
SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM
DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC
COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE
FAMOUS WINE AND SPIRITS WEB SITE OR ITS CONTENT, WHETHER OR NOT
THERE IS NEGLIGENCE BY FAMOUS WINE AND SPIRITS AND WHETHER OR NOT
FAMOUS WINE AND SPIRITS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, FAMOUS WINE AND SPIRITS , ITS
BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD-PARTY PROVIDER
OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE, WITH
RESPECT TO THE USE OF THIS WEB SITE OR IN CONNECTION WITH ANY FAMOUS
WINE AND SPIRITS SERVICE, SUCH DAMAGES SHALL NOT EXCEED, IN THE
AGGREGATE, THE FEES PAID BY ANY PERSON FOR THE SERVICES AND/OR PRODUCTS
OF FAMOUS WINE AND SPIRITS . SOME STATES AND JURISDICTIONS DO NOT
ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO PURCHASES
OF GOODS AND SERVICES AND OTHER USES OF PORTIONS OF THIS SITE, AND
YOU WILL ABIDE BY SUCH OTHER TERMS AND CONDITIONS.
FAMOUS WINE AND SPIRITS MAKES NO WARRANTY AND ASSUMES NO LIABILITY
FOR ANY ACT OR OMISSION BY THE RETAILERS SUBSCRIBING TO FAMOUS WINE
AND SPIRIT'S SERVICES, OR LINKING TO ITS WEB SITE.
Limitation of Claims
Regardless of any applicable law to the contrary, you cannot file
a claim or cause of action arising out of or related to the Famous
Wine and Spirits Web site or these Terms and Conditions more than
one (1) year after such claim or cause of action arose.
Indemnification
You will defend and indemnify Famous Wine and Spirits and its officers,
directors, employees and agents from and against any claim, cause
of action or demand, including without limitation reasonable legal
and accounting fees, brought by third parties as a result of your
use of this Web site or a Famous Wine and Spirits product or service.
Termination
You may terminate this Agreement at any time by discontinuing use
of the Famous Wine and Spirits Web site. This Agreement may be suspended
or terminated by Famous Wine and Spirits (i) automatically upon
any violation of this Agreement, with or without prior notice to
you at the sole discretion of Famous Wine and Spirits; or (ii) at
any time, for any reason, or no reason at all, with or without prior
notice to you. Upon any termination by Famous Wine and Spirits ,
you agree to discontinue any efforts to access the Famous Wine and
Spirits Web site.
Privacy
You have read the Famous Wine and Spirits Privacy
Policy, the terms of which are incorporated herein, and agree
that the terms of such policy are reasonable. You consent to the
use of any information submitted to Famous Wine and Spirits by Famous
Wine and Spirits in accordance with the terms of and for the purposes
set forth in the Privacy Policy.
Links
The Web sites that are accessed through links provided in this Web
site are not under the control of Famous Wine and Spirits . Famous
Wine and Spirits does not assume any responsibility for the contents
of any linked site, for the business practices, business policies
or business terms of such sites, or for any potential damage arising
out of or in connection with the use of any such link. In addition,
the existence of a link between this site and any other site should
not be construed as an endorsement by either us or the owner or
proprietor of the linked site to the other.
Linking to this Web site (other than to the home page www.famousliquors.com)
without the express written permission of Famous Wine and Spirits
is strictly prohibited. To request permission to link to specific
content on this Web site, please contact Famous Wine and Spirits
in writing. Famous Wine and Spirits may cancel and revoke any permission
it chooses given to link to any content on the Famous Wine and Spirits
Web site at any time, for any reason, without any prior notice,
and without any liability to you or any other person. Framing, mirroring,
scraping or data mining any content on this Web Site in any form
and by any method is strictly prohibited.
Submissions
"Submissions" means all comments, feedback, suggestions,
photos, surveys, reports, e-mail and other information or materials
that you submit to the Famous Wine and Spirits Web site. Submissions
will not be confidential and will become the property of Famous
Wine and Spirits upon submission to Famous Wine and Spirits . By
providing any Submissions, you assign to Famous Wine and Spirits
, at no charge, all worldwide rights, title and interest in copyrights
and other intellectual property rights to the Submissions. You represent
and warrant that any Submission you provide to Famous Wine and Spirits
will be complete and accurate. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not Famous Wine
and Spirits , have full responsibility for the Submissions, including
their legality, reliability, appropriateness, originality and copyright.
As a matter of policy, Famous Wine and Spirits does not prescreen
or monitor any Submissions.
Claims of Copyright Infringement
We respect the copyrights of others. If you believe that your copyright
is being infringed on the site, please notify our Agent Designated
to Receive Notification of Copyright Infringement. To be effective,
such notification must be in writing and must include:
• The name, address, and physical or electronic signature
of the complaining party;
• The name or other identifying information that identifies
the copyrighted work;
• The nature of the alleged infringement;
• The location (web address or URL) where the infringement
is alleged to have occurred;
• A statement by the owner of the copyright that it has a
good faith belief that there is no legal basis for the use of materials
complained of; and
• A statement that the notification is accurate and that the
complaining party is or is authorized to act on behalf of the copyright
owner.
The Agent Designated to Receive Notification is Michael G. Jermyn.
Notification of Copyright Infringement may be delivered to:
Famous Trading Lombard
105 E. Roosevelt Road
Lombard, IL 60148
Phone: (630)629-3330
Fax: (630)629-0931
E-mail: comments@famousliquors.com
Your use of this Web site is independent of Famous Wine and Spirits
and not as an employee, agent, partner, or joint venturer with Famous
Wine and Spirits for any purpose.
Governing Law
This Agreement and its performance shall be governed by the laws
of the State of Illinois, United States of America, without regard
to its conflict of laws provisions. You consent and submit to the
exclusive jurisdiction of the state and federal courts located in
Chicago, State of Illinois, United States of America, in all questions
and controversies arising out of your use of this Web site and this
Agreement.
Assignment
You may not assign, convey, subcontract or delegate your rights,
duties or obligations hereunder.
Modification
Famous Wine and Spirits may, at any time and in its sole discretion,
modify these Terms and Conditions for any reason and without any
prior notice. Your continued use of this Web site will be conditioned
upon the Terms and Conditions under which this Web site is offered
at the time of your use.
Severability
These Terms and Conditions shall be deemed severable. If any provision
is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included by
convenience only and will not limit or otherwise affect these Terms
and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated herein
or referred to herein constitute the entire Agreement between us
relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding
the subject matter, and may not be amended or modified except in
writing or by making such amendments or modifications available
on this Site.
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