OVERVIEW
The website, https://sommtrust.co, the “Site” is operated by Sommtrust, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Sommtrust. Sommtrust offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site, purchasing something from us, and/or using our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You must be at least 21 years of age to use the Site and purchase alcohol through our Services. A valid government-issued ID may be required upon delivery. Wine sales are solicited, offered, accepted, made, and delivered by a licensed merchant who receives all orders.Important Notice Regarding Claims and Agreement to Arbitrate
THESE TERMS OF USE CONTAIN CERTAIN DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY, AND INCLUDE A BINDING ARBITRATION PROVISION THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS. THE BINDING ARBITRATION PROVISION IMPACTS YOUR RIGHTS REGARDING THE RESOLUTION OF DISPUTES, AND IT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This website is intended only for use by residents of the United States and is subject to the laws of the United States. By using this website outside of the United States you are solely responsible for ensuring such use is lawful and in compliance with the laws of such country.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you wish to utilize Sommtrust Services, you agree to complete the initial registration process according to the requirements stated on the Site, and to provide accurate and complete information including, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through our Services, you must provide accurate and complete information as required when using a credit card, other payment card or bank information, including the cardholder/account holder name, payment card number/ account number, expiration date (if applicable), and if requested, card security code, at the time of submitting your order form. You represent and warrant to Sommtrust that your use of a payment card or your account in connection with any purchase you make on or through Sommtrust Services is authorized and legal. For your protection, you must keep your username and password secret. You must immediately notify Sommtrust if you learn or suspect that the security of your username or password has been compromised. You are responsible for any loss or damage arising from your failure to protect your username or password.The total amount to be paid by you for your order will be the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Sommtrust to charge such an amount to your payment card at that time. All alcohol listings are intended for individuals who are 21 years of age or older. Sommtrust reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we make efforts to ensure the accuracy and reliability of the information on the Site, we cannot guarantee that any information made available on this site is accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The information is not a recommendation, offer, or solicitation to buy or sell anything or adopt any investment strategy. Any reliance on the material on this site is at your own risk.The Sommtrust Site also provides pricing and market information. While we endeavor to give you accurate information, we cannot assure you that any of the market and value information that we give you is accurate and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SERVICES
When you start an account with Sommtrust, you will be depositing money into your Sommtrust account. You then authorize us to put together a wine cellar based on the amount you have chosen to deposit. You understand that we will be buying actual wine and storing it in secure facilities. You understand that Sommtrust operates, at any time, on your behalf. This wine belongs to you and not Sommtrust. We are simply buying and holding the wine for you. Wines held in storage have an insurance policy protecting it at full current market value, as determined by us.You will be able to know the value of your cellar at any time. You may, at any time, ask that we liquidate your cellar. You acknowledge that Sommtrust cannot guarantee that the value of the wine cellar will increase, nor can we guarantee that the value will not decrease. If you ask for your cellar to be liquidated, we will endeavor to do so as soon as practicable, but in any event within 6 weeks of your request. Once liquidated, we will deposit the funds in your account, which you may withdraw at any time thereafter.Also, you may request Sommtrust to ship your wine to you for consumption (minimum one case at a time). In such case, we will ship the wine to you at your expense and will ship it as soon as practicable. You acknowledge that the value of your wine cellar will decrease by any wine shipped to you for consumption.If you request delivery, delivery will be made agreeable to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCT OR SERVICE OFFERINGS
Certain products or services may be available exclusively online through the Site. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Services or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service offering at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at Sommtrust. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
THIRD PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/ or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, orservices of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, without requiring your permission or providing you any compensation. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Sommtrust Site is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of theService or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Sommtrust, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sommtrust and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TRADEMARKS
The trademarks and service marks displayed on the Sommtrust Site and Services are the registered and unregistered trademarks, service marks and trade dress of Sommtrust and its licensors. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sommtrust Site and Services are trademarks, service marks or trade dress of Sommtrust or our partners. Such trademarks, service marks and trade dress may not be used in connection with any product or service that is not Sommtrust, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sommtrust. All trademarks not owned by Sommtrust that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sommtrust.
COPYRIGHT
All content included on or made available through the Sommtrust Site and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Sommtrust or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Sommtrust Site and Services is the exclusive property of Sommtrust and protected by U.S. and international copyright laws.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, when you delete your account, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)
.GOVERNING LAW
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of the Sommtrust Site or Services, or any products sold or distributed by Sommtrust or through the Sommtrust Site or Services, shall be governed by and construed in accordance with the laws of United States.
ARBITRATION
THIS SECTION CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT PROVIDES THAT ANY CLAIM RELATING TO THIS AGREEMENT, THE WEBSITE, YOUR ACCOUNT, OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER YOU NOR PRO-DIRECT WILL HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.
To the fullest extent permitted by law, any dispute, cause of action, claim or controversy arising out of or relating to this Agreement, the Website, your account, the validity and enforcement of this provision, and the determination of the scope or applicability of this Agreement to arbitrate (referred to in this section as a “Dispute”) that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any arbitration between you and Pro-Direct shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com
ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND PRO-DIRECT ARE PROHIBITED FROM JOINING OR CONSOLIDATING CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND PRO-DIRECT AGREE OTHERWISE IN WRITING, AND YOU AND PRO-DIRECT ARE PROHIBITED FROM ARBITRATING ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY ENTERING INTO THESE TERMS, YOU AND PRO-DIRECT ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@sommtrust.co
Sommtrust, Inc.
PO Box 237
New York, NY 10272