Terms of Use

This website is operated by Oak & Vine, LLC DBA MySOMM®. The website address for MySOMM is http://www.MySommWine.com. The mailing address for MySOMM is 8142 Mount Air Place, Columbus, OH 43235.

All users of this website agree that access to and use of this website is subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions are subject to change at any time without prior notice.

By making a purchase from MySOMM via its website, you understand and agree that MySOMM may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

All images, graphics, code, software and other content used on or incorporated into this website are subject to intellectual property rights held by or licensed to MySOMM or its affiliates. Subject to your compliance with these terms of use, MySOMM grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website. This license does not include: (a) any commercial use of this website or its contents; (b) any collection or use of any product listings, descriptions, images or videos; (c) any derivative use of the website or its contents; (d) any downloading, copying or other use of the website or its contents for the benefit of any third party; or (e) any use of data mining, robots or similar data gathering and extraction tools. This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of MySOMM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this website or owned by MySOMM without first obtaining MySOMM’s express prior written consent.

This website may contain errors and may not be complete or current. MySOMM therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

THE MYSOMMWINE.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY MYSOMM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MYSOMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM MYSOMM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MYSOMM WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, MYSOMM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

To the fullest extent allowed by applicable laws, neither MYSOMM nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if MySOMM is notified in advance of the potential for any such damages. These terms are binding in Ohio but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.

MySOMM does not make any representations or warranties about any website you may access through this website. Any such website is independent from MySOMM, and MySOMM has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between MySOMM and another website does not mean that MySOMM endorses that website. You need to make your own independent decisions regarding your interactions or communications with any other website.

MySOMM does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to MySOMM will be deemed non-confidential. And, by submitting any such information, you are granting MySOMM an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send MySOMM a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.

3. Your name, address, telephone number, and (if available) email address.

4. A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.

5. A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Department, c/o MySOMM, 8142 Mount Air Place, Columbus, OH 43235 or to contact@MySommWine.com. We suggest that you consult your legal advisor before filing a notice or counter-notice.

MySOMM has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review (“Comments”) posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.