Welcome to Pollux. By browsing and using www.PolluxWine.com (the "Website"), provided by Pollux Wine, LLC (“Pollux” or the “Company”), you agree to be bound by the Terms & Conditions set forth below (the "Terms & Conditions"). You must exit this Website immediately if you do not agree to the Terms & Conditions or are not of a legal age for consuming alcoholic beverages. These Terms & Conditions operate in addition to the Privacy Policy governing your use of the Website.
1. Website Age Requirements
Pollux maintains this Website for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages. Pollux does not sell alcoholic beverages to any person who is not of a legal age for consuming alcoholic beverages.
2. Purchase of Alcoholic Beverages
All alcoholic beverages sold using the Website may be sold and delivered only to a person who is 21 years of age or older. By placing an order, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any alcoholic beverages will be delivered is 21 years old of age or older. All deliveries of packages containing alcoholic beverages require the signature of a person who is 21 years of age or older. All orders shipped with courier services such as FedEx, UPS, GSO and others will include the "Adult Signature Required" service, which requires that the authorized delivery agent confirm that recipient is at least 21 years of age. This confirmation is achieved by verifying an official document such as a driver's license, passport, or other government issued document.
3. Website Registration
No registration or account is required to access the Website. You must register for an account in order to purchase goods from Pollux using the Website. All personal information provided to us will be collected, protected, and used in accordance with our Privacy Policy. Upon registration, you must provide an account password. Your account must be used by a single user and is not transferable. You are responsible for ensuring that your password remains confidential at all times and you agree that you are solely and entirely responsible for all activities that occur under your account and password. If you become aware of any unauthorized use of your account and password, you must notify Pollux immediately. If we suspect unauthorized or improper use of the account we may suspend or terminate access to your account. Pollux may terminate your Website account with or without cause effective immediately.
4. Credit Card Information
A valid credit card number is required when making a purchase from Pollux via the Website. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
5. Orders
All purchases must be for personal use and not for resale. Pollux reserves the right to cancel any order for any reason at any time. If Pollux cancels an order, Pollux will contact you regarding the cancellation.
6. Price and Product Availability Changes
The Company reserves the right to change its prices for products or services at any time. The Company reserves the right to change the products and services offered for sale at any time. Such price and product availability changes shall be effective immediately upon posting the modified pricing or product availability on the Website.
7. No Returns
Due to various legal restrictions regarding the sale of wine, we cannot refund you for the purchase of any products sold through our Site. If you have a bad experience with Pollux, please email us support@polluxwine.com and we will attempt to address your concerns.
8. Communication to Website
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures, or other information that you transmit to this Website, whether by email, posting, uploading, or otherwise, will become the exclusive property of Company. Company will not be required to treat any submission as confidential, except as provided in the Privacy Policy. By transmitting content to this Website, you automatically grant to Company a royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Company is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products, and that Company need not provide any compensation or acknowledgment to you in exchange for any such use.
9. Monitoring
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Website, including but not limited to bulletin boards, email, and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Website by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Website. If notified, Company may investigate an allegation that content transmitted to this Website is in violation of the Terms & Conditions and determine whether to have the communication removed from this Website. However, Company is under no obligation to remove content transmitted by third parties from this Website and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
10. Links to Other Websites
The Website may provide you with links or other access to other websites, services, products, or content of third parties. We have no control over, nor do we endorse any, such websites, services, products, or content. You acknowledge and agree that you access such third party websites, services, products, or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.
11. Copyrights, Trademarks, and Other Proprietary Rights
All content and materials available on this Website, including but not limited to trademarks, designs, graphics, logos, names, text, icons, images, software, and audio and video materials (collectively, “Website Content”), are copyrighted materials owned by or licensed to Pollux. The Website Content may contain trademarks, service marks, or trade names that are owned by Pollux, as well as trademarks, service marks, or trade names that are owned by third parties. Pollux’s trademarks may not be used in connection with any product or service that is not Pollux’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pollux. You acknowledge and agree that all Website Content is the property of Pollux or third parties. The Website Content is protected under the intellectual property and other laws of the United States, individual states, and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from the Website Content. You may not display, reproduce, distribute, modify, transmit, or otherwise use Website Content in any way for any public or commercial purpose, without the prior and express written consent of Company. If you are a copyright owner, and you believe in good faith that material appearing on this Website infringes on your copyright, you may send us a notice pursuant to the Digital Millennium Copyright Act of 1998 by email at support@polluxwine.com.
12. Personal Use of Website Content
You may download and/or print Website Content, only if the following limitations are satisfied: (i) the Website Content is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
13. No License
Except with respect to the limited license to download and print certain material from this Website for non-commercial and personal use only, as set forth above in the section entitled "Personal Use of Website Content," nothing contained on this Website shall grant, whether by implication, estoppel, or otherwise, any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights.
14. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE INCLUDING ALL ITS CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH YOUR COMPUTER, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
15. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT, MATERIALS, AND FUNCTIONS THEREOF WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.
16. Indemnification
You shall indemnify, defend, and hold harmless Company, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs, and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your browsing or use of this Website, content you transmit to this Website, your violation of any rights of another, or your breach of the Terms & Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
17. Termination
This Agreement constitutes a binding agreement between you and Company until terminated by you or Company, which Company may do at any time, without notice, in Company's sole discretion. If you become dissatisfied with the Website, in any way, your sole recourse is to immediately discontinue use of the Website.
18. Force Majeure
Pollux shall be excused from performance under these Terms & Conditions if the Company is prevented, forbidden, or delayed from performing, or omits to perform, any act or requirement under these Terms & Conditions by reason of an event of force majeure. An event of force majeure is an event or circumstance that is beyond the control and without the fault or negligence of Company, and which by the exercise of reasonable diligence Company was unable to prevent. Events constituting force majeure include, but are not limited to, controlling present or future laws, act or omission of a third party, utilities or telecommunications failure, riot, act of war, act of God, earthquake, flood, fire, forces of nature, labor strike, or any other circumstance beyond the control of the Company.
19. Modifications to the Website
Pollux reserves the right, for any reason, in its sole discretion, to terminate, change, or suspend any aspect of the Website, including, but not limited to, content, features, or hours of availability. Company may impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.
20. Changes to the Terms and Conditions
Pollux may, in its sole discretion, revise the Terms & Conditions from time to time and it is your responsibility to review the Terms & Conditions each time you access or purchase from this Website. Your continued use of the Website or purchase of any product from us through the Website after such revisions are posted will constitute your agreement to such changes.
21. Use Outside the United States
This Website is intended for use by U.S. residents of legal drinking age. Company makes no claims that the content of this Website is appropriate or may be downloaded outside of the U.S. If you access this Website from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Company intends to make such products or services available in all countries.
22. General Provisions
If any provision of the Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or Company to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Website or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms & Conditions comprise the entire agreement between you and Company and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms & Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the Terms and Conditions.
23. Jurisdiction
The Terms & Conditions shall be governed by and construed in accordance with the laws of California, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of California for any action arising from or relating to the Terms & Conditions or your browsing or use of this Website.
24. Contact Us
If you have any questions about these Terms & Conditions, please contact Pollux by email at support@polluxwine.com.
25. Effective Date
These Terms & Conditions are effective as of April 6, 2016. These Terms and Conditions were last updated April 6, 2016.