Terms of Use
Last updated: March 21, 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 "FWGS 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 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 FWGS website. The PLCB also owns and operates various mobile sites, services, applications, and platforms (collectively, "FWGS mobile platforms"), which are linked to the FWGS website, to provide even greater convenience for customers. Your use of the FWGS website and/or any FWGS mobile platform(s) are governed by these Terms of Use. By using the FWGS website and/or any FWGS 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms. Any separate terms and conditions posted to the FWGS website and/or FWGS 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 FWGS website and/or any FWGS 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 FWGS website and/or any FWGS 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 FWGS website and/or any FWGS 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 FWGS website and/or any FWGS 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 to 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms. You hereby agree that such communications will satisfy any legal requirement that information pertaining to your use of the FWGS website and/or FWGS mobile platforms be communicated to you in writing.
7. Product or Item Availability
The PLCB has the sole discretion to determine what products or items to make available for sale on the FWGS website and/or any FWGS mobile platform(s). Availability of products or items on the FWGS website and/or FWGS mobile platforms may differ from availability of products or items in physical Fine Wine & Good Spirits store locations operated by the PLCB ("FWGS physical store locations"). All products or items offered for sale on the FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms are available only through a special liquor order. For more information on the availability of these particular products or items, or to place a special liquor order, please call the PLCB's Special Liquor Order Division at 1-800-332-7522.
If you are interested in purchasing a wine or spirit product or item that it is not advertised or listed anywhere on the FWGS website and/or FWGS mobile platforms, the PLCB may be able to work with suppliers to help facilitate the purchase of such product or item. For more information, please contact the Special Liquor Order Division at the telephone number set forth above.
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 spirit product or item made available for sale through the FWGS website and/or any FWGS 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% discount off the advertised retail prices of any wine or spirits product(s) or items(s), 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.
9. Pricing Errors
The PLCB is not responsible for any typographical errors or incorrect prices appearing on the FWGS website and/or FWGS 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 6%), 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 are subject to sales tax.
12. Order Acceptance
The posting or advertisement of any product(s), item(s), or service(s) for sale on the FWGS website and/or any FWGS 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). After submitting an order, you will receive an order confirmation indicating that your order has been received. (Please note that 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).) 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 FWGS 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.
13. Shipping and Delivery
When shopping on the FWGS website and/or FWGS mobile platforms, you will be given the option, during checkout, of having the product(s) or item(s) that you purchase shipped to any Pennsylvania home or business address (with the exception of P.O. Boxes), or to a FWGS 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 FWGS physical store location.
In-Store Pickup: If you would like to have your order shipped to a FWGS physical store location, you may choose from any of the more than 600 stores located throughout Pennsylvania. The store locator feature on the FWGS 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 FWGS website and/or FWGS mobile platforms at a FWGS 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 FWGS 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 FWGS 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 FWGS physical store locations will be assessed a fee for adult signature verification by UPS. Orders shipped to FWGS 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
14. Returns
Retail Customers: If, for any reason, you are not entirely satisfied with any product(s) or item(s) that you purchase from the FWGS website and/or any FWGS platforms, you may return such product(s) or item(s) to any FWGS physical store location within 90 days of purchase. Simply bring the product(s) or item(s) and the corresponding receipt(s) to a FWGS physical store location and present them to a PLCB employee to process the return and issue a refund. If you return any product(s) or item(s), the shipping and packaging costs will be deducted from the refund amount unless the incorrect product(s) or item(s) were shipped. If you return only one product or item from a multi-product or multi-item shipment due to the product or item being damaged or spoiled, you will be reimbursed only for the proportional amount of the shipping fee associated with the product or item being returned, and not the total shipping fee for the entire order. For instance, if you return one bottle of a three-bottle order shipped to a home or business address, you will be reimbursed $4.67 for shipping fees. If you return one bottle of a three-bottle order shipped to a FWGS physical store location, you will be reimbursed $2.33 for shipping fees. If you return any product or item at your discretion, or if the shipper is unable to obtain an adult signature at the time of delivery, then the return shipping expense will also be deducted from any refund provided.
Liquor Licensees/Permittees: Any returns for product(s) or item(s) purchased by licensees or permittees are subject to the applicable licensee/permittee return policy in effect at the time when the product(s) or item(s) are presented for return. For more information, please contact your nearest FWGS physical store location.
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 FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms. Any separate terms and conditions posted to the FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms. For more information, please reference the Privacy Policy.
18. Intellectual Property
All content appearing on the FWGS website and/or FWGS 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 FWGS website, FWGS mobile platforms, and/or at FWGS physical store locations. You are strictly prohibited from using any content appearing on the FWGS website and/or FWGS 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS mobile platforms, either directly or through social media accounts. By posting or submitting any content to the FWGS website and/or FWGS 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 FWGS website and/or FWGS 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 FWGS website and/or FWGS 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 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 FWGS website, FWGS 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 FWGS website, FWGS 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 FWGS website and/or FWGS mobile platforms for engaging in any prohibited uses or similar behavior.
21. Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THE FWGS WEBSITE AND/OR ANY FWGS 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 FWGS WEBSITE AND/OR FWGS 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 FWGS WEBSITE AND/OR ANY FWGS 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 FWGS WEBSITE AND/OR FWGS 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 FWGS WEBSITE AND/OR FWGS 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 FWGS 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 FWGS WEBSITE AND/OR FWGS MOBILE PLATFORMS IS COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE, OR IS FREE FROM ERRORS OR VIRUSES. THE FWGS WEBSITE AND FWGS 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 FWGS WEBSITE, FWGS 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 FWGS WEBSITE AND/OR ANY FWGS 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 FWGS WEBSITE AND/OR FWGS 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 all claims, suits, damages, losses, liabilities, and costs and expenses (including attorney fees) arising from or otherwise related to your use of the FWGS website and/or FWGS 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 FWGS website and/or any FWGS mobile platform(s) shall be governed by the laws of the Commonwealth of Pennsylvania. By using the FWGS website and/or any FWGS 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 FWGS website and/or any FWGS 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 FWGS website and/or FWGS 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.