Welcome to the Wine Agent Inc. website, which offers special vouchers (“Vouchers”) that you can use to purchase merchandise from participating Merchants under the following terms and conditions. The Vouchers are used to buy certain goods, services or experiences offered and sold by the Merchant identified on the Voucher. The Merchant is the issuer of the Voucher and is fully responsible for all merchandise it sells. These Vouchers represent a universal medium of exchange that can be accepted by Merchants that may be unable to accept other forms of payment. All orders for wines purchased with Vouchers are solicited, received and are subject to acceptance by a Merchant that is a licensed winery identified on the Voucher.

Acceptance of Terms and Conditions

The WineAgent website (the "Site"), www.WineAgent.com, is operated by Wine Agent, Inc. ("Wine Agent"). The site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms and Conditions" or "Agreement"). By establishing an account on the WineAgent Site, or by purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms and Conditions. These rules apply to all Vouchers that we sell, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher's fine print, the Voucher's fine print will prevail.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY WINE AGENT SERVICE OFFERED THROUGH THE SITE.

These Terms and Conditions were last updated on August 6, 2015.

Creating a Customer Account

Vouchers may be purchased by Wine Agent account holders and used to pay for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms & Conditions set forth below. You will need to create an account with WineAgent in order to purchase a Voucher or obtain access to certain services associated with the WineAgent site. When establishing an account on the WineAgent Site, enrollment requires you to (1) indicate agreement to these Terms and Conditions, (2) provide contact information and identification details. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You may only create and hold one account that you are solely responsible for managing. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WineAgent is not responsible for third party access to your account that results from theft or misappropriation of your account. WineAgent and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If we terminate your account you may also forfeit any unredeemed Vouchers in your account. We reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

You will notify WineAgent immediately by emailing support@WineAgent.com of any unauthorized use of your WineAgent account or the Wine Agent Site known to you, whether by you or a third party.

Order Processing

WineAgent may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase from the Merchant is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances WineAgent deems appropriate in its sole discretion. WineAgent also reserves the right, in its sole discretion, to take steps to verify your identity to process your order.

Pricing Information

WineAgent strives to provide accurate pricing information regarding the merchandise offered by Merchants that are available on the WineAgent Site. We cannot, however, insure against pricing errors. WineAgent reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, WineAgent will notify you by email. In addition, Wine Agent reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Product and Service Descriptions

Wine Agent attempts to provide accurate descriptions of products and services on the WineAgent Site. Wine Agent does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.

Alcoholic Beverages

You must be at least 21 years of age to purchase alcoholic beverages and Vouchers that can be used to purchase alcoholic beverages. In addition, due to state restrictions and Merchants’ licenses, alcoholic beverages may not always be shipped to all states in the U.S. or outside the U.S. Please refer to the sale page or product detail page on the WineAgent Site for information on what states are permitted for specific items. If you provide a shipping address that is not in one of these states, WineAgent will not process your order.

Shipping and Taxes

Shipping and Taxes may or may not be included in the price of the Voucher. All Vouchers will indicate items that are included or excluded.

The Merchants will not ship alcoholic beverages outside the U.S. Quantity limits may apply in some states. Merchants may reduce or hold your order to comply with state restrictions, weather conditions or other factors.

Return Policy

The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses or is unable to honor the Voucher before the legally permitted expiration date, then WineAgent will refund the your Voucher purchase price. To receive your refund, you must provide the following information in writing to support@wineagent.com: (a) identification of the Voucher and Merchant with whom you sought to purchase items or services with the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to accept the Voucher or order, and (c) a statement, under penalty of perjury, that the Voucher has never been used to purchase merchandise from the Merchant.

Expiration Dates

The expiration date for a Voucher is as printed on the Voucher.

The Voucher offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to accept purchase price of the Voucher as payment for other merchandise.

If you use the Voucher to pay for merchandise at less than its purchase price, you will not be entitled to a credit, cash or new Voucher equal to the difference between the Voucher purchase price and the amount you paid, unless otherwise required by law. You will also not be entitled to any value either because the amount you paid the Merchant is more than the Voucher purchase price.

Refund Policy

If a Merchant refuses to accept any Voucher, Wine Agent will refund the amount paid for the Voucher upon request in the original form of payment, or will credit the Wine Agent account of the purchaser with an equivalent number of Wine Agent dollars® for future purchases on the Site. Wine Agent dollars do not expire. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited.

Cancellation

You may cancel your account at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at support@WineAgent.com with any questions.

Terms of Sales

It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other vouchers, third party certificates, coupons, or promotions. Vouchers cannot be used for taxes, tips or prior balances. Voucher may be applied only to merchandise sold by Merchant, if any, and may or may not be applied to shipping or handling charges depending on Merchant policies. Limit one (1) Voucher per purchase from Merchant, unless otherwise specified by Merchant. The issuance of credit is at the sole discretion of the Merchant unless otherwise required by law. Neither the Wine Agent nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers. Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with the law. Any attempted use of the Voucher to purchase merchandise not consistent with these terms & conditions will render the Voucher void. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or merchandise sold by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Vouchers are redeemable in their entirety only and may not be redeemed incrementally.

Links to third party sites/Third party services

www.WineAgent.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WineAgent and WineAgent is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WineAgent is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WineAgent of the site or any association with its operators.

Certain services made available via www.WineAgent.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.WineAgent.com domain, you hereby acknowledge and consent that WineAgent may share such information and data with any third party with whom WineAgent has a contractual relationship to provide the requested product, service or functionality on behalf of www.WineAgent.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.WineAgent.com strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to WineAgent that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WineAgent or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wine Agent’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WineAgent and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wine Agent or our licensors except as expressly authorized by these Terms.

Privacy

Your use of www.WineAgent.com is subject to WineAgent's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices, use, disclosure and other processing of personal information by WineAgent. Privacy Policy information is located at this privacy link.

Site Availability

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may have interruptions in service or events that are beyond the control of WineAgent, and WineAgent shall not be responsible for any data lost while transmitting information on the Internet. While it is WineAgent’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.

WineAgent shall have the right at any time to change or discontinue any aspect or feature on the Site, including, but not limited to, content, the products and services offered on the Site (collectively, the foregoing shall hereinafter be referred to as the "Services"), hours of availability and equipment needed for access or use, without notice. Further, WineAgent may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Services or any portion of the Services.

Electronic Communications

Visiting www.WineAgent.com or sending emails to Wine Agent constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

International Users

The Service is controlled, operated and administered by WineAgent from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WineAgent Content accessed through www.WineAgent.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless WineAgent, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WineAgent reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wine Agent in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WINE AGENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WINEAGENT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINEAGENT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINE AGENT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY 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 WINE AGENT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

WineAgent reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WineAgent as a result of this agreement or use of the Site. WineAgent's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WineAgent's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WineAgent with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WineAgent with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WineAgent with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

WineAgent reserves the right, in its sole discretion, to change the Terms and Conditions under which www.WineAgent.com is offered. The most current version of the Terms will supersede all previous versions. WineAgent encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

WineAgent welcomes your questions or comments regarding the Terms and Conditions:

Wine Agent, Inc.
P. O. Box 475781
San Francisco, CA 94147
support@wineagent.com

Tel. (415) 613-2565

Corporate Address:
50 W. Liberty Street
Suite 880
Reno, Nevada 89501