PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Even if you “bookmark” a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these terms. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.
Copyright:
All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of Prime + Vine or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of Prime + Vine and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.
Trademarks:
All trademarks, service marks and trade names of Prime + Vine used in the site are trademarks or registered trademarks of Prime + Vine.
Warranty Disclaimer:
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Prime + Vine disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prime + Vine does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Prime + Vine does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
Prime + Vine shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Prime + Vine has been advised of the possibility of such damages. You expressly agree that your use of this site and the products provided through this site is at your sole risk. All medical content provided in any area of this site is for educational purposes only. It is not intended, and should not be used, as a substitute for the diagnosis, treatment and advice of a physician. It does not cover all possible uses, precautions, side effects, and interactions. It may not contain all information that is applicable to your personal circumstances and should not be construed to indicate that any drug is safe for you. Buyer’s sole remedy for any claim against Prime + Vine of any kind, including but not limited to claims of negligence or claim or liability based upon a defect, whether discoverable or latent, with respond to any product shall be limited to replacement of goods or credit against future purchases. 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 Prime + Vine, 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.
Product Descriptions:
Prime + Vine attempts to be as accurate as possible in its product descriptions; however, Prime + Vine does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by Prime + Vine itself is not as described, your sole remedy is to return it in its unused condition.
Notice:
Prime + Vine may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Prime + Vine.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Prime + Vine 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 site 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 site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Account Info:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Prime + Vine does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Prime + Vine only with involvement of a parent or guardian. Prime + Vine and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Coupons/Sales:
Only one discount code may be used per order. Best discount available will be used. Items already on sale are excluded from all other discounts. Gift cards are excluded from discounts.
Implicit Consent for Email & Direct Mail Marketing:
When you complete a purchase on PrimeandVine.com, you are giving consent to receive marketing emails and direct mail from us. You can unsubscribe or opt out from emails, texts, and/or direct mail at any time. For emails, press the “Unsubscribe” button within any marketing email from Prime + Vine. You can also email us at customerservice@primeandvine.wpenginepowered.com or give us a call at 614-965-6107 to unsubscribe or opt out of any marketing communication from us.
Explicit Consent for SMS Text Message
Please view our Mobile Message Service Terms and Conditions. To unsubscribe from SMS text messages, reply “STOP” to any text message from us. You can also email us at customerservice@primeandvine.wpenginepowered.com or give us a call at 614-965-6107 to unsubscribe or opt out of any marketing communication.
Back Orders & Out of Stock Products:
We rely on the brands we work with to keep us up to date on their inventory levels. Because of this there may be cases where our website says a product is in stock when it’s not. In this case, we will email you within 24 hours of placing your order to let you know about the stock update and you will have the option to keep or cancel your order at that time. At Prime + Vine, your credit card is authorized and charged at the time you place your order, even when items are on back order or out of stock.
Automatic Renewal/Subscriptions:
Your Prime + Vine Subscriptions will renew automatically, at the frequency you have selected, until cancelled by you in your Prime + Vine Account, under Subscriptions. The cost of your Prime + Vine Subscription is subject to change. You will be charged in the method you have selected for payment.
See more information about Prime + Vine Subscriptions.
Participation Disclaimer:
Prime + Vine does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Prime + Vine is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Prime + Vine reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Prime + Vine in its sole discretion.
Third-Party Links:
In an attempt to provide increased value to our visitors, Prime + Vine LLC may link to sites operated by third parties. However, even if the third party is affiliated with Prime + Vine, Prime + Vine has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prime + Vine. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prime + Vine 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).
Miscellaneous:
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Prime + Vine reserves the right to alter or delete materials from this Site at any time and at its own discretion.
Governing Law:
This Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of Ohio without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ohio.