Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ITS AFFILIATED MOBILE APPLICATION.  By using this Website (the “Site”) or mobile application (the “App”) (collectively the “Services”), you signify your consent to these terms of use.  If you do not agree to these terms of use, please do not use the Services.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.  Please check these terms periodically for changes.  Your continued use of the Services following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.

Age Restrictions

By using the Services, you certify to us that you are of legal drinking age of at least 21 years or older.

Shipping and Delivery Restrictions

We have the legal authority under New York State Regulations to ship wines and liquors out of the state.  As it is impossible for us to research the regulations in all 50 states, it is up to the purchaser to determine that he or she is not in violation of their own state’s regulations regarding the importation of wines and spirits.  We ship all our wines in unmarked boxes for security purposes.  Title to all wine purchases passes to the purchaser at our premises in Valley Stream, New York.  

By ordering from us you are representing that you are at least 21 years of age and that the person to whom it is being shipped to is also at least 21 years of age.  An adult signature will be required upon delivery.  UPS will require a photo ID for age verification before making the delivery.  Title to, and ownership of the wine/spirits you order passes from IDrinkKosher to you as soon as it leaves our doors; it is up to you to know the relevant laws in your state. 

Accounts

You may be prompted to create an account and specify a password to use certain features on our Services.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.  You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.  You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account.  You agree to safeguard your password from access by others.  IDrinkKosher shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless IDrinkKosher for losses incurred by IDrinkKosher or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Communications

By using the Services, you agree to receive certain electronic and non-electronic communications from IDrinkKosher and its affiliates, subject to applicable law.  You agree that any notice, agreement, disclosure or other communication that IDrinkKosher sends you will satisfy any legal communication requirements, including that such communications be in writing.

Third-Party Links

In an attempt to provide increased value to our visitors, from time to time, IDrinkKosher may link to or partner with sites, social media platforms, mobile apps, and other products and services operated by third parties.  You may be able to connect with these third parties through the Services, however, even if the third party is affiliated with IDrinkKosher, IDrinkKosher has no control over these linked sites and does not endorse, monitor or have control over their activities.  All of these third parties have separate privacy and data collection practices, independent of IDrinkKosher.  These linked sites are only for your convenience and therefore you access them at your own risk.  You should carefully review any third party’s sites and terms of use and privacy policy.  Nonetheless, IDrinkKosher seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Copyright

The entire content included in the Services, including but not limited to text, graphics logos, images and programing is copyrighted as a collective work under the United States and other copyright laws, and is the property of IDrinkKosher.  The collective work includes works that are licensed to IDrinkKosher.  ALL RIGHTS RESERVED.  Permission is granted to electronically copy and print hard copy portions of the Services for the sole purpose of placing an order with IDrinkKosher.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download and print portions of the material from the different areas of the Services solely for your own non-commercial use, or to place an order with IDrinkKosher.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Services is strictly prohibited, unless authorized by IDrinkKosher.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks 

All trademarks, service marks and trade names of IDrinkKosher used in the Services are trademarks or registered trademarks of IDrinkKosher.

Warranty Disclaimer

The use of the Services is at your sole risk.  The Services and the materials and products on the Services are provided “as is” and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, IDrinkKosher disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  IDrinkKosher does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful components.  IDrinkKosher does not make any warranties or representations regarding the use of the materials in the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. 

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, IDrinkKosher reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  IDrinkKosher reserves 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 cancelled, IDrinkKosher shall issue a credit to your credit card account in the amount so charged. 

Use of Services

Harassment in any manner or form on the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a IDrinkKosher or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.  You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the Services or use the site to solicit others to join or become members of any other commercial online service or other organization.

Limitation of Liability 

IDrinkKosher shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on Services or the performance of the products, even if IDrinkKosher has been advised of the possibility of such damages.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Indemnification

You agree to indemnify, defend, and hold harmless IDrinkKosher, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Applicable Law

The laws of the State of New York govern these Terms of Service and your use of the Services.  We recognize that it is possible for you to obtain access to the Services from any jurisdiction in the world, but we have no practical ability to prevent such access. IDrinkKosher has been designed to comply with the laws of the State of New York and of the United States.  If any material on the Services, or your use of the Services, is contrary to the laws of the place where you are when you access it, IDrinkKosher is not intended for you, and we ask you not to use the Services.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Termination

IDrinkKosher may terminate or modify any of its Services, member program, product or service at any time without notice.  IDrinkKosher may terminate or suspend your account, delete your profile or any of your user content, and restrict your use of all or any part of the Services at any time and for any reason, without any liability to IDrinkKosher, subject to applicable law.  These terms and conditions are applicable to you upon your accessing the Services and/or completing the registration or shopping process.  These terms and conditions, or any part of them, may be changed and/or terminated by IDrinkKosher without notice at any time, for any reason.  Any revised terms and conditions will be posted and it is your responsibility to periodically visit the Services and check any changes we may make to these Terms of Service.  The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.  If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.