TERMS AND CONDITIONS

User Obligations

You agree not to do any of the following while using Cape-ardor.com:

• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of our Site or our computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• Frame or link to the cape-ardor.com except as permitted by us.

The Sale of Alcoholic Beverages

Cape Ardor does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Cape Ardor makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Cape Ardor is over the age of 21. You also agree that any alcohol purchased from cape-ardor.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Cape Ardor will assist authorities in prosecuting you to the full extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Cape Ardor to the purchaser as it is picked up by a 3rd party carrier from our warehouse in the state of California. The purchaser takes full responsibility for shipping it from our warehouse to his/her home state. By arranging for transportation of the wine, Cape Ardor assumes no liability and is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Cape Ardor, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on Cape Ardor’s Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Cape Ardor. Cape Ardor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this website by anyone other than authorized Cape Ardor employees acting in their official capacities.

Links

Cape-ardor.com may contain links to other web sites or resources. You acknowledge and agree that Cape Ardor is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on cape-ardor.com does not imply that Cape Ardor endorses the linked site.

Copyrights and Designated Agent For Notification of Claims of Infringement

Cape Ardor respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:

• • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices

Cape Ardor will give you any necessary notices by posting them on our website. You authorize Cape Ardor to send notices via electronic mail as well if Cape Ardor decides, in its sole discretion, to do so.

Disclaimer of Warranties

Although cape ardor endeavors to provide current, accurate and reliable information on cape-ardor.com, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on cape-ardor.com. cape ardor does not warrant that your use of cape-ardor.com, or the operation or function of the website, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.

Your use of the cape-ardor.com website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. cape ardor and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of cape-ardor’s website. cape-ardor.com content provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

Limitation of Liability

In no event shall cape-ardor and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the cape-ardor.com website, the use or performance of the cape-ardor.com website, the delay or inability to use the cape-ardor.com website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the cape-ardor.com website, or otherwise arising out of the use of the cape-ardor.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if cape-ardor or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the cape-ardor.com website, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the cape-ardor.com website. this sole and exclusive remedy is separate and independent of any other provision that limits cape-ardor’s liability or your remedies.

No Responsibility to Sell Mispriced Products or Services

Cape Ardor shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Cape Ardor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cape Ardor shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms

Cape ardor reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.