Terms of Use
Last updated: October 1, 2017
NOTICE: Your use of this website and/or any affiliated mobile sites, services, applications or platforms are governed by these Terms of Use. Note that these Terms of Use differ substantially from those governing other websites, mobile sites, services, applications or platforms operated by the Commonwealth of Pennsylvania. Please review these Terms of Use carefully. If you are under the age of 21, please exit immediately and discontinue all use.
1. Introduction
Welcome to FineWineAndGoodSpirits.com (the "FW&GS website"), an e-commerce store owned and operated by the Pennsylvania Liquor Control Board ("PLCB"). As the primary wholesaler and retailer of wine and spirits products in Pennsylvania, the PLCB is committed to providing exceptional service to and more convenience for its customers. As part of this commitment, the PLCB makes many wine and spirits products or items available for purchase through the FW&GS website. The PLCB also owns and operates various mobile sites, services, applications, and platforms (collectively, "FW&GS mobile platforms"), which are linked to the FW&GS website, to provide even greater convenience for customers. Your use of the FW&GS website and/or any FW&GS mobile platform(s) are governed by these Terms of Use. By using the FW&GS website and/or any FW&GS mobile platform(s), you acknowledge your understanding and acceptance of these Terms of Use, and you agree to be legally bound by such Terms of Use.
2. Scope of Terms of Use
These Terms of Use define the conditions and requirements applicable to all use of the FW&GS website and/or FW&GS mobile platforms. The PLCB reserves the right to use separate terms and conditions with regard to special programs, events, or services offered to customers. If used, any separate terms and conditions will be posted to the FW&GS website and/or FW&GS mobile platforms. Any separate terms and conditions posted to the FW&GS website and/or FW&GS mobile platforms will incorporate these Terms of Use by reference, and, unless specifically stated otherwise, will be supplemented by these Terms of Use.
3. Modifications or Revisions to Terms of Use
The PLCB reserves the right to modify or revise these Terms of Use at any time and without providing advanced notice. Your use of the FW&GS website and/or any FW&GS mobile platform constitutes your acknowledgement and understanding that you will be legally bound by the Terms of Use that are posted and in effect at the time of your use.
4. Age Restriction
Pursuant to applicable laws, the PLCB is strictly prohibited from marketing, selling, or furnishing alcoholic beverages to anyone under the age of 21. It is also unlawful for anyone under the age of 21 to purchase or possess alcoholic beverages in Pennsylvania. By using the FW&GS website and/or any FW&GS mobile platform(s), you are certifying to the PLCB that you are at least 21 years of age and legally authorized to purchase and possess alcoholic beverages.
5. User Accounts
In order to purchase any product(s) or items(s) using the FW&GS website and/or any FW&GS mobile platform(s), you will be asked to create a customer account. You are responsible for updating, managing, and ensuring the accuracy of information supplied relative to your customer account at all times. You certify that the information you provide on the FW&GS website and/or any FW&GS mobile platform(s) is accurate and complete. You are also responsible for protecting the username and password associated with your account. You are personally responsible for any orders placed using your account. If you believe that someone has accessed or used your account without authorization, please notify the PLCB immediately by emailing RA-lbpawineandspirits@pa.gov. The use of fraudulent or fictitious accounts is strictly prohibited. The PLCB reserves the right to cancel or terminate user accounts at any time and for any reason. The PLCB may, in its discretion, provide customers with the option of checking out as a guest, instead of creating a customer account.
6. Communications/Notices
When you use the FW&GS website and/or FW&GS mobile platforms, you are communicating electronically with the PLCB. As such, you consent to receiving electronic communications and notices, including but not limited to, order and shipping confirmations from the PLCB. The PLCB will communicate with you via email or by posting notices to the FW&GS website and/or FW&GS mobile platforms. You hereby agree that such communications will satisfy any legal requirement that information pertaining to your use of the FW&GS website and/or FW&GS mobile platforms be communicated to you in writing. You also agree that it is your responsibility to open and read all communications or notices that are sent to you related to your use of the FW&GS website and/or FW&GS mobile platforms. You further agree that you are always responsible for providing accurate contact information and managing your email accounts to ensure that electronic communications and notices can be received.
7. Product or Item Availability
The PLCB has the sole discretion to determine what products or items to make available for sale on the FW&GS website and/or any FW&GS mobile platform(s). Availability of products or items on the FW&GS website and/or FW&GS mobile platforms may differ from availability of products or items in physical Fine Wine & Good Spirits store locations operated by the PLCB ("FW&GS physical store locations"). All products or items offered for sale on the FW&GS website and/or FW&GS mobile platforms are subject to availability at the time of placing an order. Product or item availability is subject to change without notice.
Certain products or items advertised on the FW&GS website and/or FW&GS mobile platforms are available only through Special Order. These are products or items that are not regularly stocked or maintained within the PLCB's inventory, but which suppliers have expressed a general willingness to make available for purchase upon request through the FW&GS website and/or mobile platforms. The PLCB may also be able to work with suppliers to help facilitate the purchase of wine or spirit products or items that are not advertised or listed anywhere on the FW&GS website and/or FW&GS mobile platforms through Special Order. To make a product request, complete the Product Request Form or contact the Special Order Division at ra-lbslo@pa.gov or 1-800-332-7522, option 1.
Fulfillment of any Special Order is subject to approval by the supplier(s) of the product(s) or item(s) requested, and the availability of the product(s) or item(s) requested may vary at any given time based on supplier-controlled inventories. The PLCB will attempt to facilitate the fulfillment of all Special Orders. However, the PLCB makes no guarantees regarding the willingness or ability of any supplier to fulfill Special Orders, and the PLCB is not responsible for any harm or inconvenience that may result from a supplier's inability or refusal to fulfill Special Orders under any circumstances.
8. Product or Item Pricing
The PLCB, to the extent authorized by law, has the sole authority to determine the retail prices for any wine and spirits product(s) or item(s) that it sells. The advertised retail price for any wine or spirits product(s) or item(s) made available for sale through the FW&GS website and/or any FW&GS mobile platform(s) will reflect the final retail sales price prior to the imposition of applicable sales tax. Except for sales tax and delivery fees, all other taxes or fees that the PLCB is authorized and/or required by law to assess are included within the retail price of each product or item. Persons or businesses licensed by the PLCB to sell alcoholic beverages in Pennsylvania, to the extent authorized by law, are entitled to receive a 10 percent discount off the advertised retail prices of any wine or spirits product(s) or items(s), except for Special Orders, when the retail prices of the product(s) or item(s) ordered total $50.00 or more (prior to sales tax being applied). The PLCB reserves the right to make modifications or corrections to product or item pricing at any time.
Special Orders are subject to supplier-imposed freight fees (i.e., handling fees), which may be imposed at the discretion of each supplier. These freight fees, if imposed by the supplier, are included as part of the advertised retail price of the Special Order product(s) or item(s) appearing on the FW&GS website and/or FW&GS mobile platforms. Such fees will be separated out at the time of checkout to reflect that they were excluded from the calculation of any markup or taxes, as required by law. Special Orders are also subject to the possible imposition of a surcharge, at the discretion of each supplier, to account for having to process single bottle orders when the supplier otherwise requires a minimum quantity purchase. This surcharge, if imposed, must be built into the supplier's fully-loaded bottle cost for the Special Order product(s) or item(s) when presented for listing with the PLCB; as such, this surcharge is not separately reflected at the time of checkout or otherwise. Pursuant to applicable law, licensees are not entitled to receive a 10 percent discount for Special Orders.
9. Pricing Errors
The PLCB is not responsible for any typographical errors or incorrect prices appearing on the FW&GS website and/or FW&GS mobile platforms relative to any products, items, or services. Errors will be corrected when and where discovered. The PLCB reserves the right to reject or cancel orders placed for any product(s), item(s), or service(s) advertised at an incorrect price or involving rebates, sales, or promotions containing incorrect information or typographical errors. The PLCB reserves the right to reject or cancel any such order, regardless of whether your order has been confirmed and/or your credit card has been charged. If your credit card was charged and your order is subsequently rejected or canceled, the PLCB will issue a credit back to your credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account.
10. Quantity Limits
From time to time, the PLCB may, at its discretion, place limits on the quantity of wine or spirits products or items that may be purchased per customer, household, licensee, and/or license. The imposition of quantity limits sometimes becomes necessary when the demand for particular products or items is greater than the available supply, and provides a mechanism by which the PLCB can attempt to more equitably distribute those products or items. Regardless of whether notice of a quantity limit was previously posted, the PLCB reserves the right to modify, reject, or cancel orders that exceed any applicable quantity limit that is imposed.
11. Sales Tax
All sales made by the PLCB are subject to the applicable state sales tax (currently six percent), as well as any applicable local sales tax, in effect at the time of the transaction. The applicable state and local sales tax will be calculated and added to orders at the time of checkout. Please note that shipping and handling fees for wine and spirits products or items, except supplier-imposed freight fees for Special Orders, are subject to sales tax.
Certain entities, as provided for by law, are exempt from paying state sales tax. Tax-exempt purchases must be made at a FW&GS physical store location, and entities seeking to obtain an exemption will be required to present proper documentation and identification. Tax-exempt purchases cannot be processed through the FW&GS website and/or FW&GS mobile platforms. To make tax-exempt Special Order purchases, please contact the Special Order Division at ra-lbslo@pa.gov or 1-800-332-7522, option 1. Please note that if a tax-exempt entity is also the holder of a license or permit issued by the PLCB, then, pursuant to applicable law, such entity is not entitled to receive an exemption from the state sales tax for purchases of wine and spirits, unless it is a government entity.
12. Order Acceptance/Processing
The posting or advertisement of any product(s), item(s), or service(s) for sale on the FW&GS website and/or any FW&GS mobile platform(s) is an opportunity for you to submit an order to purchase the product(s), item(s), or service(s) at the posted or advertised price(s). Your submission of an order relative to any product(s), item(s), or service(s) will be considered an offer to purchase the product(s), item(s), or service(s) at the posted or advertised price(s). Your order or offer to purchase the product(s), item(s), or service(s) at the advertised price(s) will not be considered accepted until the item(s), product(s), or service(s) are shipped to a home address, business address, or FW&GS physical store location, or are otherwise delivered to you. The PLCB reserves the right to reject or cancel an order at any time for any reason. In most instances where an order is rejected or cancelled, such rejection or cancellation will occur prior to your credit card being charged. However, in the event that the PLCB rejects or cancels your order after your credit card has already been charged, the PLCB will issue a credit back to your credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account.
For any order that is submitted, you will receive an order confirmation indicating that your order has been received. (As explained above, this order confirmation does not constitute the PLCB's acceptance of your order or offer to purchase the product(s), item(s), or service(s) at the advertised price(s).) You will also receive subsequent notifications providing updates as to the status of your order, including when your order has shipped and your credit card is charged.
For Special Orders, suppliers have seven calendar days to notify the PLCB as to whether they can fulfill the order. If a supplier fails to notify the PLCB within this timeframe or responds back that it is unable to fulfill the Special Order, then your order will be cancelled, and your credit card will not be charged. You will be given notice of any cancelled order. Suppliers have up to 30 calendar days following approval of a Special Order to make it available for pickup at a FW&GS physical store location. Your credit card will not be charged for a Special Order until the supplier notifies the PLCB that your order has been prepared and is ready for shipment.
13. Shipping and Delivery
When shopping on the FW&GS website and/or FW&GS mobile platforms, you will be given the option, during checkout, of having any product(s) or item(s) that you purchase, except Special Orders, shipped to any Pennsylvania home or business address (apart from P.O. Boxes), or to a FW&GS physical store location for pickup. All Special Orders must be delivered to a FW&GS physical store location for pickup.
All persons purchasing or receiving alcoholic beverages must be at least 21 years of age.
Delivery Information: While the PLCB will accept orders from outside the state of Pennsylvania, the delivery address must be located within the state of Pennsylvania. All products or items are shipped via United Parcel Service ("UPS"). Based on UPS regulations for delivering alcohol, an adult (age 21 or older) signature must be provided at the time of delivery to a customer's residence or business address. Verification of age is required at the time of delivery. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. UPS will make three attempts to deliver your order. After the third attempt, your order will be returned to the PLCB's fulfillment center by UPS. In the event that, after your order has been placed, you determine that it is not possible to have an adult present to sign for your package at the time of delivery, you may contact the PLCB by phone at 1-800-332-7522 Option #4 or via email at RA-lbpawineandspirits@pa.gov, to request to have your package redirected to a FW&GS physical store location.
In-Store Pickup: If you would like to have your order shipped to a FW&GS physical store location, you may choose from any of the more than 600 stores located throughout Pennsylvania. The store locator feature on the FW&GS website can be used to find the store location most convenient to you. Proper identification, with proof of age, will be required at the time of pickup.
Third-Party Pickup: You may designate a third party to pick up any product(s) or item(s) purchased through the FW&GS website and/or FW&GS mobile platforms at a FW&GS physical store location. If you would like to designate a third party, you will be prompted to indicate this during the checkout process. Proper identification, with proof of age, will be required at the time of pickup. Please note that, in Pennsylvania, a valid transporter-for-hire license is generally required in order to transport alcoholic beverages for other persons for a fee. While the PLCB will take steps to match the identity of a designated third-party recipient at the time of pickup with the information that is supplied by a purchaser at the time of purchase, the PLCB is not responsible for ensuring that a third-party recipient has actual authority to act on behalf of a purchaser, or for ensuring that a third-party recipient holds or has obtained the necessary licensure needed to transport alcoholic beverages for hire. Under no circumstances shall the PLCB be liable for any actions taken by or damages or harm caused by a designated third-party recipient.
Gift Orders: If your order is a gift, and you would like to have it shipped directly to the intended recipient, you will need to supply the recipient's contact information during the checkout process. Gift orders may be sent to a home or business address or to the FW&GS physical store location of your choice. The same shipping policies apply to both gift orders and non-gift orders.
Delivery Times: It is the PLCB's goal to process and ship all orders as quickly as possible. There are several factors that may contribute to when you will receive your order once it has been placed. Generally, orders will be shipped to the home address, business address, or FW&GS physical store location of your choice within one to three business days. However, orders placed after 3:00 PM on Thursday will be shipped the following Monday; these orders are processed in this manner to prevent any product(s) or items(s) from sitting in an uncontrolled temperature environment for an extended period of time. Delivery times may vary to some degree during special sales, promotional events, holidays, and/or periods of extreme weather conditions.
Order Tracking: Once you have received the tracking number that is provided to you with your shipping confirmation email, you may track your order through the UPS tracking site, http://www.ups.com/tracking/tracking.html.
Shipping Costs: Shipping costs are calculated at the end of the ordering process with costs determined based on the delivery location. Orders shipped to locations other than FW&GS physical store locations will be assessed a fee for adult signature verification by UPS. Orders shipped to FW&GS physical store locations for customer pickup will not be assessed the adult signature fee; however, customers will be required to provide proof of age at the time of pickup.
Shipping rates are based on the following formula:
Ship to home:
1-3 bottles $14.00 Flat Fee
$1.00 extra for each additional bottle over 3.
For example:
4 bottles    $15.00
8 bottles    $19.00
12 bottles  $23.00
Ship to Store:
1-3 bottles $7.00 Flat Fee
$1.00 extra for each additional bottle over 3.
For example:
4 bottles    $8.00
8 bottles    $12.00
12 bottles  $16.00
Special Order Pickup: As indicated above, all Special Orders must be delivered to a FW&GS physical store location for pickup. You may select the FW&GS store to which you wish to have your Special Order shipped for pickup at the time of checkout. Special Orders are not available for delivery to a home or business address.
Each supplier has the discretion to decide how it will deliver Special Orders to a FW&GS physical store location for pickup. Some suppliers may use common carriers, while others may use their own vehicles. If a tracking number is available, it will be emailed to you as soon as it is provided by the supplier; otherwise, an estimated delivery date will be provided.
Suppliers have up to 30 calendar days following approval of a Special Order to make it available for pickup at a FW&GS physical store location. Delivery times for Special Orders vary by supplier. The PLCB is not responsible for any harm or inconvenience that may result from a supplier's inability or failure to make your Special Order available for pickup in a timely manner.
You will receive an email notification once your Special Order has arrived at the FW&GS physical store location that you selected and is available for pickup. You must pick up your Special Order within 15 calendar days from the date that such email notification is sent to you. If a Special Order is not picked up within this timeframe, the order will be returned to the supplier and become subject to a processing fee of 50 percent of the total order amount, up to a maximum of $100.00. The processing fee will be deducted from your refund for the order.
If, after being notified that your Special Order is available for pickup, you determine that you will not be able to pick up your order within the 15-calendar day timeframe, you must contact the Special Order Division at ra-lbslo@pa.gov or 1-800-332-7522, option 1, to make alternative arrangements. Requests for alternative pickup arrangements must be received and approved by the Special Order Division prior to the expiration of the 15-calendar day timeframe to avoid cancellation of the order and assessment of the processing fee.
14. Returns
Retail Customers: Any product(s) or item(s) purchased by retail customers from the FW&GS website and/or any FW&GS mobile platforms may be returned or exchanged, subject to in-store availability, at any FW&GS physical store location within 30 calendar days of the date of purchase. A FW&GS receipt, online invoice, or original gift receipt is required for all returns or exchanges. Retail customers requesting a return and/or exchange must provide valid photo identification, indicating they are 21 years of age or older. Returns or exchanges cannot be processed directly through the FW&GS website and/or any FW&GS mobile platforms.
To be eligible for return, products or items must be currently listed for sale on the FW&GS website and/or any FW&GS mobile platform, or at FW&GS physical store location.
To be eligible for exchange, products or items must be currently listed for sale and carried at the FW&GS physical store location at which the products or items are presented for exchange.
Any refunds provided to retail customers for returned products or items will be issued in the form of a FW&GS gift card.
Any shipping fees associated with products or items purchased from the FW&GS website and/or any FW&GS mobile platforms are nonrefundable.
Other restrictions may apply.
This policy supersedes all previous return and exchange policies applicable to purchases made by retail customers on the FW&GS website and/or FW&GS mobile platforms.
Liquor Licensees/Permittees: Any returns or exchanges for products or items purchased by licensees or permittees are subject to the applicable licensee/permittee return and exchange policy in effect at the time when the products or items are presented for return or exchange. For more information, please contact your nearest FW&GS physical store location.
Special Order Returns: All returns and refunds for Special Orders must be processed through the PLCB's Special Order Division. Each supplier has the discretion to determine whether it will accept returns of Special Orders. However, returns of Special Orders will only be accepted up to 30 calendar days from the date that the customer picks up the Special Order from a FW&GS physical store location.
Suppliers are responsible for providing customers with information about Special Order returns within the packaging for those orders. Customers must follow the supplier-provided information in resolving an order dispute. Suppliers are responsible for authorizing any returns or refunds for Special Orders and coordinating the same with the PLCB's Special Order Division to facilitate processing. If a replacement product or item is sought for a returned Special Order, this will require the creation of a new order.
Special Order products or items being returned must be presented at a FW&GS physical store location for the return to be accepted and approved by the PLCB. FW&GS physical store locations will only accept Special Order returns from customers who have been pre-authorized by the PLCB Special Order Division. To avoid unnecessary trips or inconvenience, customers should confirm with suppliers that they have made the appropriate PLCB notifications before presenting products or items for return at a FW&GS physical store location. The PLCB is not responsible for any harm or inconvenience that may result from a supplier's inability or failure to properly coordinate Special Order returns.
15. Resale of Products or Items Purchased
Only persons or businesses holding valid liquor licenses or permits that authorize the resale of wine or spirits are permitted to resell wine or spirits products or items purchased from the PLCB. The resale of wine or spirits products or items by anyone else is strictly prohibited. Anyone suspected of violating this prohibition will be reported to the Pennsylvania State Police, Bureau of Liquor Control Enforcement. The PLCB also reserves the right to immediately prevent access to the FW&GS website and/or FW&GS platforms and to terminate the customer account for anyone who violates this prohibition.
16. Special Programs, Events, or Services
The PLCB may, from time to time, advertise or offer certain special programs, events, or services, including but not limited to customer rewards programs, limited-release lotteries, product clubs, or subscription services. The PLCB reserves the right to use separate terms and conditions to govern such special programs, events, or services. If used, any separate terms and conditions will be posted to the FW&GS website and/or FW&GS mobile platforms. Any separate terms and conditions posted to the FW&GS website and/or FW&GS mobile platforms will incorporate these Terms of Use by reference, and, unless specifically stated otherwise, will be supplemented by these Terms of Use.
17. Privacy Policy
The PLCB is dedicated to protecting your privacy and security when using the FW&GS website and/or FW&GS mobile platforms. For more information, please reference the Privacy Policy.
18. Intellectual Property
All content appearing on the FW&GS website and/or FW&GS mobile platforms, including but not limited to text, images, graphics, logos, illustrations, photographs, descriptions, data, files, scripts, designs, articles, sounds, videos, advertising copy, URLs, technology, and software, as well as the formatting or arrangement of the same, are owned by the PLCB or third parties who have licensed or otherwise authorized the use of the same by the PLCB and are subject to copyright, trademark, patent, and/or other intellectual property protection under applicable laws. You are authorized to use this content solely for purposes of your personal knowledge and for shopping on the FW&GS website, FW&GS mobile platforms, and/or at FW&GS physical store locations. You are strictly prohibited from using any content appearing on the FW&GS website and/or FW&GS mobile platforms for any other commercial purpose without obtaining the express written permission of the PLCB and any third party holding rights in the same.
If you have reason to believe that any content appearing on the FW&GS website and/or FW&GS mobile platforms infringes on your own intellectual property rights, please notify the PLCB's Office of Chief Counsel at ra-lblegal@pa.gov. Your notification must include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material or work in which you are claiming to hold intellectual property rights; (c) identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, along with information reasonably sufficient to allow the PLCB to locate the material on the FW&GS website and/or FW&GS mobile platforms; (d) information reasonably sufficient to allow the PLCB to contact you, including your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright or other intellectual property rights, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. Upon receiving any such notification, the PLCB will investigate the alleged infringement and take whatever responsive steps it deems appropriate under the circumstances. The PLCB will provide you with notice of whatever action it decides to take in response to your notification of alleged infringement.
19. Third-Party Links, Content, or Submissions
The FW&GS website and/or FW&GS mobile platforms may link or interact with third-party websites, content, or services that are not owned, controlled, or operated by the PLCB. The PLCB does not endorse any specific third-party websites, content, or services, and the PLCB is not liable for any harm or damages related to your use of the same. Please review the terms and conditions applicable to any third-party websites, content, or services carefully prior to using the same. Questions or complaints regarding third-party websites, content, or services should be directed to the applicable third party.
From time to time, the PLCB may allow third-party or user-generated content to be posted on the FW&GS website and/or FW&GS mobile platforms, either directly or through social media accounts. By posting or submitting any content to the FW&GS website and/or FW&GS platforms, either directly or through social media accounts, you acknowledge and represent that: (a) you are at least 21 years of age; (b) you own or have unencumbered, transferable rights and permissions to the content that you post or submit; (c) you have permission from all persons appearing in the content to use their likeness or other contributions to the content; and (d) that the use of the content will not violate any law or the rights of any third party. You also agree that you are granting the PLCB and its third-party service providers a perpetual, worldwide, unlimited, irrevocable, royalty-free, fully-paid license to use your content for commercial advertising and other lawful purposes of the PLCB. The posting of any third-party or user-generated content to the FW&GS website and/or FW&GS mobile platforms does not constitute the PLCB's endorsement of such content. The PLCB is not responsible or liable for any claim in connection with third-party or user-generated content or submissions, including, without limitation: loss or injury to real, tangible, or intellectual property; violations of personal privacy or privacy rights; actual, consequential, or punitive damages; personal injury; or wrongful death.
20. Prohibited Uses
You are strictly prohibited from using the FW&GS website and/or FW&GS mobile platforms, as well as any of the content appearing thereon, for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any state, federal, or international regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the PLCB's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals; (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 FW&GS website, FW&GS mobile platforms, other websites or platforms, 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 the FW&GS website, FW&GS mobile platforms, other websites or platforms, or the internet. This list is in no way exhaustive. The PLCB reserves the right to terminate your use of the FW&GS website and/or FW&GS mobile platforms for engaging in any prohibited uses or similar behavior.
21. Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THE FW&GS WEBSITE AND/OR ANY FW&GS MOBILE PLATFORM(S) IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IF YOU DISAGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FW&GS WEBSITE AND/OR FW&GS MOBILE PLATFORMS.
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT, SUCH AS COMPUTERS OR MOBILE DEVICES, THAT YOU USE TO ACCESS THE FW&GS WEBSITE AND/OR ANY FW&GS MOBILE PLATFORM(S).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLCB OR ITS MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE FW&GS WEBSITE AND/OR FW&GS MOBILE PLATFORMS, OR ANY PORTION OR PART THEREOF, OR ANY PRODUCTS, ITEMS, OR SERVICES SOLD OR OFFERED FOR SALE THEREON, EVEN IF SUCH LOSSES OR DAMAGES WERE FORESEEABLE OR THE PLCB WAS MADE AWARE OF OR SHOULD HAVE REASONABLY KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THESE LIMITATIONS SHALL APPLY TO ANY CAUSE OF ACTION, REGARDLESS OF WHETHER IT IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THESE LIMITATIONS SHALL NOT APPLY TO LIMIT THE LIABILITY OF ANY MANUFACTURERS OR SUPPLIERS (OTHER THAN THE PLCB) OF PRODUCTS, ITEMS, OR SERVICES SOLD OR OFFERED FOR SALE ON THE FW&GS WEBSITE AND/OR FW&GS MOBILE PLATFORMS, TO THE EXTENT THAT SUCH MANUFACTURERS OR SUPPLIERS HAVE MADE THEIR OWN REPRESENTATIONS OR WARRANTIES RELATIVE TO SPECIFIC PRODUCTS OR ITEMS.
22. Disclaimer of Representations and Warranties
AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR USE OR NON-USE OF THE FW&GS WEBSITE AND/OR MOBILE PLATFORMS AND THE CONTENT APPEARING THEREON, AND THE PLCB MAKES NO REPRESENTIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THE FW&GS WEBSITE AND/OR FW&GS MOBILE PLATFORMS IS COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE, OR IS FREE FROM ERRORS OR VIRUSES. THE FW&GS WEBSITE AND FW&GS MOBILE PLATFORMS, AS WELL AS ANY CONTENT APPEARING THEREON, IS PROVIDED "AS IS" AND "AS AVAILABLE." THE PLCB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE USE, AVAILABILITY, ACCURACY, APPROPRIATENESS, OR PERFORMANCE OF THE FW&GS WEBSITE, FW&GS MOBILE PLATFORMS, OR ANY CONTENT APPEARING THEREON. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGMENT, ARE EXPRESSLY DISCLAIMED.
THE PLCB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, ITEMS, OR SERVICES SOLD OR OFFERED FOR SALE THROUGH THE FW&GS WEBSITE AND/OR ANY FW&GS MOBILE PLATFORMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGMENT, ARE EXPRESSLY DISCLAIMED. THIS DISCLAIMER DOES NOT APPLY TO ANY REPRESENTATIONS OR WARRANTIES THAT MAY BE OFFERED OR PROVIDED BY MANUFACTURERS OR SUPPLIERS (OTHER THAN THE PLCB) RELATIVE TO PRODUCTS, ITEMS, OR SERVICES SOLD OR OFFERED FOR SALE THROUGH THE FW&GS WEBSITE AND/OR FW&GS MOBILE PLATFORMS.
23. Indemnification and Defense
You agree to defend, indemnify, and hold harmless the PLCB, its members, employees, agents, contractors, and suppliers, from and against any and all claims, suits, damages, losses, liabilities, and costs and expenses (including attorney fees) arising from or otherwise related to your use of the FW&GS website and/or FW&GS mobile platforms, any content appearing thereon, or any violations of these Terms of Use.
24. Governing Law
Any disputes arising from your use of the FW&GS website and/or any FW&GS mobile platform(s) shall be governed by the laws of the Commonwealth of Pennsylvania. By using the FW&GS website and/or any FW&GS mobile platform(s), you submit to the exclusive personal jurisdiction and venue of the courts located in Dauphin County, Pennsylvania.
25. Available Defenses
The PLCB expressly reserves the right to assert any available defenses to claims arising from your use of the FW&GS website and/or any FW&GS mobile platform(s), including but not limited to the defense of sovereign immunity.
26. Duration/Termination
These Terms of Use shall remain in effect unless and until updated, replaced, or terminated by the PLCB. If these Terms of Use are updated, replaced, or terminated, this shall not limit the PLCB's rights in defending against any claims arising from such Terms of Use. The Terms of Use in effect at the time of your use will govern any disputes arising from your use.
27. Contact Information
Should you have any questions concerning these Terms of Use, or if you have any questions regarding the FW&GS website and/or FW&GS mobile platforms, you may submit your inquiries via email to: RA-lbpawineandspirits@pa.gov; or via regular mail to: Pennsylvania Liquor Control Board, 217 Northwest Office Building, e-commerce, Harrisburg, PA 17124 Re: Terms of Use.