Terms of service
1. ACCEPTANCE OF TERMS
Welcome to MyCanals! By using MyCanals.com you are subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.
If you do not agree to the terms, you are not authorized to use MyCanals.
2. USE OF MYCANALS.COM
By using MyCanals.com you represent and warrant that you are at least 21 years of age.
3. ELECTRONIC COMMUNICATION.
When you visit our MyCanals, purchase products or services through the MyCanals, or instigate contact to our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the MyCanals. By using the MyCanals, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. ACCOUNT MAINTENANCE.
By using this MyCanals, you represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. MyCanals will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. To purchase any products or use the services on this MyCanals, you must open an account with us and/or provide the required information to us. By entering any information on this MyCanals, you represent and warrant that: (i) you are at least 21 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our MyCanals at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this MyCanals at any time without prior notice.
7. PRODUCT DESCRIPTION.
MyCanals attempts to be as accurate as possible with our product descriptions. However, MyCanals does not warrant that product descriptions or other content of this MyCanals is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON OUR MYCANALSS ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this MyCanals does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
7. RETURNS AND EXCHANGES
Returns and exchanges may occur within one week of delivery. Items must be returned in the new, unused condition that they were shipped in. Buyer pays for and arranges all shipping back to our store. In the event of an exchange, buyer pays for shipping for the new item to be sent out. There is a 20% restocking fee on all returns and exchanges.
In the event of breakage, the buyer must save all portions of the broken delivery and immediately call (856) 931-5900 and ask to speak with Angela Galzerano regarding breakage AND email Angela@MyCanals.com because if she is not available at the store it is possible the message may not be relayed. Please send an e-mail to make a hardcopy notice of your breakage. We highly advise customers who place orders above $100 to purchase extra insurance.
In the event that a customer requires a refund, the refund will either be applied to the credit card that was used to place the order that resulted in a refund or a check will be sent via USPS to the address that the customer used for that order. The method of refund is the decision of MyCanals and not the customer.
You agree to indemnify and hold MyCanals and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. MODIFICATIONS TO SERVICE
MyCanals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyCanals shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
MyCanals respects the intellectual property rights of others and we ask our users to do the same. Except as expressly authorized by Hops and Grapes, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on MyCanals.com, in whole or in part.
MyCanals and all its contents are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our web MyCanals is the exclusive property of MyCanals and may not be used for any other purpose other than as set forth on the MyCanals. The services and information provided herein are solely for your own private use. You are only permitted to use MyCanals as expressly authorized. Nothing contained herein transfers any express or implied right, title or interest in this web MyCanals to you.
MyCanals may provide you with notices, including those regarding changes to the TOS, by either e-mail, regular mail, or postings on the Service.
The terms and conditions contained herein and the agreement created thereby shall be governed by and interpreted according to the laws of the state of New Jersey without applying conflict of law principles. You expressly agree through your use of the MyCanals to be subject to jurisdiction and venue in the state of New Jersey and to have any adjudication related to this MyCanals resolved in the federal or state courts of New Jersey. If any provision of this agreement, terms or conditions is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provision.
Please report any violations of the TOS to our Customer Care Group.
15. NO WARRANTIES
MyCanals does not warrant that the MyCanals will operate error-free or that the MyCanals and its server are free of computer viruses and other harmful components. If your use of the MyCanals results in the need for services or replacing equipment or data, MyCanals is not responsible for those costs.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE MYCANALS WHICH IS PROVIDED "AS IS". TO THE GREATEST EXTENT PERMITTED BY LAW, MYCANALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYCANALSBE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, RELATED TO THE MYCANALSMYCANALS OR ARISING OUT OF THIS AGREEMENT, EVEN IF MYCANALSHAS BEEN ADVISED OF A POSSIBILITY OF SUCH DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO MYCANALSSHALL BE DEEMED TO INCLUDE HOPS AND GRAPES' EMPLOYEES, OWNERS, DIRECTORS, OFFICERS, LICENSEES, REPRESENTATIVES AND SUBCONTRACTORS, SUPPLIERS AND DISTRIBUTORS.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF THE FORGOING WARRANTIES, LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER CLAIMS AND DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, HOPS AND GRAPES' LIABILITY IS LIMITED TO THE GREATEST EXTENT SUCH LIMITATION IS PERMITTED TO LAW.
This document was last modified on March 16th, 2011.