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Last Updated: September 19, 2016

Website Terms of Use for www.velvwine.com

1. SITE USE

Welcome to www.velvwine.com (“Site”), the official website for DeVine Products, Inc. dba Velv Wine (“Velv Wine” or “we” or “us”). The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to or registered member of the Velv Wine community. These Terms of Use govern your use of the Site. Registration and certain other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at http://velvwine.com/privacy-policy/. You understand that through your use of this Site, you consent to the collection and use of this information (as set forth in the applicable Privacy Policy).

By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.

If you want to use this Site, carefully read these Terms of Use. It constitutes a written agreement between you and Velv Wine and it affects your legal rights and obligations.

Velv Wine reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Site. In addition, Velv Wine may post additional terms, conditions, rules or requirements related to the Site and/or its services and features. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, Velv Wine also may offer other services or features governed by different Terms of Use. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

2. AGE REQUIREMENT

By using this Site, you certify that you are 21 years of age or older. Users under the age of 21 may not visit this site or submit photos or other material to this Site. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally identifiable information, by submitting photos, you hereby represent that your use of the Site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

3. SITE CONTENT OWNERSHIP

This Site and the content including but not limited to the layout, color schemes, URL’s, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights included in or associated with the Site, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by Velv Wine or owned by others and licensed to us. All right, title and interest in and to the Site and such Content remains with us or our licensors, as applicable. For example, as noted below, you, by making a Submission, could become such a licensor.

4. LIMITED RIGHT TO USE SITE MATERIALS

This Site and all of the Content available on the Site are the property of Velv Wine and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of Velv Wine’s rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, however, from time to time, download and/or print copies of brochures and catalogs found on the Site for your use in selecting and purchasing Velv Wine products and/or services, provided that you keep intact all copyright, trademark registration and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found here. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. Your use of the Site does not grant you any right, license or permission of any kind to reproduce or use Velv Wine’s intellectual property.

5. RIGHTS OF OTHERS

Velv Wine respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Site, then please see Section 13, below.

6. LIMITATIONS ON LINKING AND FRAMING

You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website, product or service by Velv Wine. However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.

7. USER-GENERATED CONTENT

A. Responsibility for User-Provided Content. Velv Wine may in the future offer Site users the opportunity to post, upload, or otherwise make available on or submit through the Site photos, text, drawings, files, images, sounds, videos, comments, ratings, reviews, messages, questions, suggestions, information, data, personally identifiable information, or other information or materials and the ideas contained therein (collectively “User-Generated Content”). This Site may include a variety of features, such as discussion forums, blogs, photo and video sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services, which allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 18 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such feature.

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

B. User Feedback and Submissions. Velv Wine welcomes your feedback, but if you send us or post or embed on the Site any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Velv Wine that you either own the Submission or have the right to grant Velv Wine the license described below. Velv Wine does not claim to own such Submission, only the rights you have licensed to us.

You agree that in making a Submission, Velv Wine shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Velv Wine, and that Velv Wine alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to the Site, you: (a) agree not to make any Submission that violates in any way the Terms of Use; (b) automatically grant Velv Wine a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.

C. Community Rules. This Site may include a variety of features, such as discussion forums, blogs, photo and video sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not: Restrict or inhibit any other user from using and enjoying the Site; Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site; Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means; Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site; Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

D. Availability of Site and Content. Velv Wine may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in Velv Wine’s sole discretion, and without advance notice or liability.

E. Our Right to Use User Generated Content. When you submit or post any User Generated Content, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Generated Content), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such User Generated Content, including, but not limited to, rights under copyright, trademark, trade secret or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Generated Content by name, e-mail address or screen name, as we deem appropriate. Velv Wine has no obligation of any kind with respect to such User Generated Content and is free to reproduce, use, disclose and distribute any portion of the User Generated Content, including any ideas or information contained in the User Generated Content for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you including the User Generated Content, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you including, without limitation, any User Generated Content.

8. LINKING AND THIRD PARTY CONTENT

The Site may contain links to third party websites not under our control or operation. Velv Wine or users may provide any such links only as a convenience; Velv Wine does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third party providers. Use of any such third party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

9. ADDITIONAL TERMS AND CONDITIONS

Additional terms and/or conditions (e.g. Velv Wine standard terms and conditions) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.

10. LAWS AND REGULATIONS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. To the extent that any applicable taxes, duties, or other fees apply to your use of the Site, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Velv Wine may access, preserve and disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of Velv Wine, its users and members, and/or the public.

11. INDEMNIFICATION

You agree to indemnify, save, defend, reimburse and hold Velv Wine, its officers, managers, members, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) your violation of any rights of another, whether by action or omission.

12. COMPATIBILITY

You acknowledge and agree that Velv Wine, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

13. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT UNDER DIGITAL MILLENNIUM COPYRIGHT ACT

Velv Wine will respond to alleged copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The Privacy Policy does not protect information that Velv Wine may provide to third parties at its discretion or as required by law through copies of notices referenced below.

A. If you are a copyright owner or an agent thereof and believe that any User Generated Content infringes upon your copyrights, you may submit a written notification pursuant to DMCA by providing our Velv Wine’s Intellectual Property department with 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 Velv Wine to locate the material; Information reasonably sufficient to permit Velv Wine to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter-Notice. If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter-notice containing the following information to Velv Wine’s Intellectual Property department at the address set forth below: Your physical or electronic signature; Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled; A statement that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or a misidentification of the User Generated Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Velv Wine, Velv Wine may send a copy of the counter-notice to the original complaining party informing that person that Velv Wine may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Velv Wine’s sole discretion.

You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.

Velv Wine will only respond to DMCA Notices that it receives by mail at the addresses below:
By Mail:
Velv Wine
6701 Koll Center Parkway Suite 250
Pleasanton, CA 94566
Attention: Legal Counsel

14. NO UNSOLICITED IDEAS AND MATERIALS ACCEPTED; NO CONFIDENTIAL RELATIONSHIP WITH VELV WINE.

Velv Wine employs individuals to develop new ideas. As a result, Velv Wine does not accept any unsolicited ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to Velv Wine (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Site are and shall be deemed to be User Generated Content and licensed to us as set forth above.

Your relationship with Velv Wine is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User Generated Content — regardless of whether you mark them “confidential”, “proprietary”, or the like. Velv Wine will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Velv Wine does not place Velv Wine in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.

Velv Wine’s receipt of your Unsolicited Ideas and Materials is not an admission by Velv Wine of their novelty, priority, or originality, and it does not impair Velv Wine’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

15. DISCLAIMER OF WARRANTIES

VELV WINE PROVIDES THE SITE AND ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. VELV WINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, VELV WINE DOES NOT WARRANT THAT THE VELV WINE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE VELV WINE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.

16. LIMITATION OF LIABILITY

VELV WINE SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, PRODUCTS, SERVICES AND EXPERIENCES PROVIDED VIA THE SITE. VELV WINE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF VELV WINE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY VELV WINE. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, VELV WINE’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

18. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the California, without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in San Francisco, California), any claim, dispute or controversy arising out of, relating to or concerning the Site and/or these Terms of Use will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association. Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Velv Wine and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Velv Wine prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. The place of any such arbitration shall be San Francisco, California and you hereby expressly agree that it shall be the sole site of any such arbitration. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in San Francisco, California, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.

19. MISCELLANEOUS

A. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

B. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

C. By offering this Site and any information, products or other content through the Site, Velv Wine does not purport to distribute to or solicit you or any person to use the Site or such information, products or other content in jurisdictions where providing such is prohibited by law.

D. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.

E. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

F. These Terms of Use include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Velv Wine and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

G. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Site, please contact us at PUREOXYGEN@VelvWine.com.

1. TERMS OF SALE

These Terms of Sale are made between DeVine Products, Inc. and persons purchasing products from the www.velvwine.com website (the “Site”), but excluding Commercial Customers and Resellers who have prior written Agreements with us and agree that those written Agreements shall govern the terms of any relationship or transaction between the parties, to the exclusion of all other conditions.

All sales of products from the Site will be governed by these Terms of Sale available on the Site, to the exclusion of all other conditions.

2. ORDERS

All features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. Products included on the Site may be unavailable, and may have different attributes or prices than those listed.

We reserve the right to cancel any orders resulting from any pricing errors or availability of inventory. While it is our practice to confirm orders by email, receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. All prices are in United States dollars. Any applicable taxes are in addition to the prices specified. Your credit card will be charged when the Product is shipped. We do not sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 21. You certify that you are at least 21 years of age or, if you are under the age of 21, you are using this Site only with the involvement of a parent or guardian.

3. SHIPPING

Orders in compliance with the shipping restrictions set forth on the Site shall be shipped to the United States address you designate, by the carrier designated by Velv Wine. We will use reasonable efforts to fill your order in accordance with the estimated shipping date, but will not be responsible for any delays in filling your order, nor shall we be liable for any losses, costs, damages, expenses, or liabilities resulting from such delays. Risk of loss and title for products pass to you upon delivery of such products to a carrier at our facility. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

4. THIRTY (30) DAY MONEY BACK GUARANTEE RETURNS

If you are not completely satisfied with the Velv Wine Oxygenator you purchased from the Site, you may return it within thirty (30) days of the shipping date. In order to return the Velv Wine Oxygenator, you must contact our Velv Customer Care to receive a return merchandise authorization (RMA) number. We will reimburse you (excluding all shipping costs) for the purchase price of the returned Velv Wine Oxygenator no later than thirty (30) days from the date of our receipt of such returned Velv Wine Oxygenator accompanied by the applicable RMA. The returned Velv Wine Oxygenator should returned in its original carton and be complete with any accessories and/or free gifts received with the Velv Wine Oxygenator. Please note: Velv PUREOXYGEN Capsules are non-returnable and non-refundable.

1. PUREOXYGEN SUBSCRIPTION TERMS AND CONDITIONS

Welcome to the terms and conditions (“Terms”) for Velv PUREOXYGEN Subscription. These Terms are between you and Velv Wine and govern our respective rights and obligations for subscription ordering. The Terms constitute the entire agreement between you and Velv Wine related to subscription ordering. If you place an order through our subscription program, you accept these Terms. Please read these Terms carefully.

2. PROGRAM BENEFITS

After you select the frequency with which you want to receive your capsules, we will automatically send out your orders for delivery on the schedule you selected. Subscription orders can be scheduled for monthly deliveries, at a frequency of every 30 days. Your enrollment in Velv PUREOXYGEN Subscription starts with your first subscription order.

All participants will receive an email notification 2 day prior to their fulfillment order being placed. Orders maybe be canceled and or changed up until the order is placed. You will only be charged for orders that have been sent out for delivery.

You may also change the replenishment frequency, item quantity and method of payment associated with your subscription at any time online by accessing “My Account” Option or calling 1 (844) 835-8946.

3. PAYMENTS

The total cost charged to your method of payment for each order will be the price of the item(s) on the day the order is processed plus sales tax.

Unless you update your method of payment, the charge for each order will be billed to the method of payment used when you placed your first subscription order. If the method of payment becomes invalid at any time during the subscription period or if the charge is otherwise rejected, we will send an email to the email address associated with your subscription notifying you that the subscription has been placed on hold. Your subscription will remain on hold and no additional orders will be processed or shipped until the information is updated.

Your subscription will remain in effect until your subscription is cancelled. Any related item discounts and/or incentives will remain in effect until the subscription is cancelled or until the expiration date of the offer, whichever is earlier.

Other promotion pricing and limited-time offers may not be combined with the Velv PUREOXYGEN Subscription order discounts and/or incentives (e.g. Coupons and/or Mail in Rebates).

4. AGREEMENT CHANGES

We may, in our sole discretion, change these Terms and/or our Privacy Policy at any time. Any such changes to the Velv PUREOXYGEN Subscription program will be communicated via email. Changes to our Privacy Policy may be made on the site without notice. By using Velv PUREOXYGEN Subscription, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.

We may terminate your Velv PUREOXYGEN Subscription plan at our discretion without notice. If we do so, you will only be charged for orders that have been sent out for delivery to you.

PRODUCT WARRANTY

1. LIMITED 1-YEAR WARRANTY

Velv Wine warrants the Velv Wine Oxygenator against defects in materials and workmanship under normal home use for 1 year from the date of original purchase. The Company will, at its option, repair or replace a defective Velv Device without charge upon its receipt of proof of the date of purchase from Velv or an authorized Velv reseller or partner. Repair or replacement is the sole and exclusive remedy of purchaser and the sole liability of the Company under the warranty.

2. HOW TO OBTAIN WARRANTY SERVICE

If you think the Velv Wine Oxygenator is defective within its warranty period, please discontinue use of the Velv Wine Oxygenator and contact the Company at 1 (844) 835-8946. A receipt proving the original purchase date will be required for all warranty claims. Once you receive your return merchandise authorization number you will be required to return the Velv Wine Oxygenator for inspection and evaluation to the location we specify. Upon confirmation and approval of your warranty claim, we will, in our sole discretion, either repair the oxygenator or replace it with a new or refurbished oxygenator. Return shipping costs are not refundable. The Company is not responsible for returns lost in transit.

3. WHAT IS NOT COVERED UNDER THE WARRANTY

The Velv Wine Oxygenator warranty does not cover damages caused by accident, misuse, or abuse. This warranty does not apply if the Velv Device is altered in any way, or if the Care and Use Instructions are not followed. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER EXPRESS WARRANTY, WHETHER WRITTEN OR ORAL. THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS EXPRESSLY LIMITED TO THE PERIOD OF DURATION OF THIS LIMITED WARRANTY. Repair or replacement of the Velv Device is our only obligation. THE COMPANY IS NOT RESPONSIBLE FOR THE DAMAGE TO OR LOSS OF WINE, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM ANY BREACH OF THIS WARRANTY, EVEN IF FORESEEABLE.

4. STATE LAW

Some states do not allow a limitation on the duration of implied warranties or the exclusion or the limitation of consequential or incidental damages, so the above limitations or exclusions may not apply to you. In that case, the warranty gives you specific legal rights, and you may also have other rights that may vary from state to state.

5. LIMITATION OF LIABILITY

VELV WINE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO THE PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING WHETHER ANY REMEDIES SPECIFIED HEREIN ARE DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSE, VELV WINE’S LIABILITY TO YOU WILL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APPLICABLE PRODUCTS ON WHICH SUCH LIABILITY IS BASED.

DISPUTE RESOLUTION; GOVERNING LAW AND JURISDICTION
These Terms of Sale supersede any other agreement between you and Velv Wine to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Sale will be governed by and construed in accordance with the laws of the California, without giving effect to any principles of conflicts of laws. Any dispute arising under these Terms of Sale shall be resolved exclusively by the state and/or federal courts of the California, and by using this Site, you agree and submit to the personal jurisdiction and venue of such courts. You also agree that your damages are limited as set forth elsewhere in these Terms of Sale, and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Velv Wine or its vendors or licensors.

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