Terms & Conditions

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Last updated April 9, 2024

 

By using the AWINECO website (“Site”) you agree to be bound by the Terms and Conditions below. Use of the Site is also subject to the Privacy Policy.  If you have any questions about these Terms and Conditions, please contact us at info@awineco.com. These Terms and Conditions are in addition to any other written agreement between the user of the site that is a client or customer of AWINECO and to the extent there is any conflict between the terms herein and the terms of any separate agreement, the terms of such separate client or customer agreement shall apply.

 

General Terms and Conditions

 

Your use of the AWINECO site is expressly subject to the following Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. We may update these conditions at any time and from time to time, and your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

 

Account Security

 

By using this Site, you may access the login to your AWINECO account through Vintrace. Your use of this Site for such access is subject to the Vintrace Terms of Service and Privacy Policy. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. AWINECO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel access in its sole discretion.  

 

Alcoholic Beverages

 

AWINECO does not sell or advertise alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21. While you can only order Growlers for in-person pickup, where an ID is required, through the AWINECO site, this site contains links to the Tasting Room appointments.

 

If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Napa Wine Co. shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, AWINECO hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

 

Proposition 65 Notice

 

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects.  For more information go to www.P65Warnings.ca.gov/alcohol.

 

Drink Responsibly

 

Napa Wine Co. does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.

 

Site Content

 

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that AWINECO and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain countries. 

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Our trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of AWINECO in the U.S. and/or other countries. AWINECO’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AWINECO. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AWINECO.

 

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. 

 

License and Site Access

 

AWINECO grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AWINECO.  You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. 

 

You may not reproduce, extract, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use by AWINECO.  You may not use the site for testing, analysis, or other similar purposes without the express approval of AWINECO.  You may not use any meta tags or any other “hidden text” utilizing AWINECO’s name, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions.  Contact info@awineco.com for requests involving any of the uses in this paragraph.

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site (www.awineco.com) so long as the link does not portray AWINECO. or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Site, you must seek prior permission for such link by contacting us at info@awineco.com. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission.

 

You may not attempt to access any portion of the Site or server containing the Site except as provided from links available on or through the Site, or attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any AWINECO. server, or to any of the services offered on or through the website, by hacking, password guessing or any other illegitimate means. You may not test the vulnerability of the website or any network connected to the website, nor breach or attempt to breach the security or authentication measures on the Site or any network connected to the Site. You may not interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site. You may not use the Site or its content for any activity that is unlawful or otherwise prohibited by these Terms and Conditions.

 

External Links

 

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), and your use of any linked website is subject to the terms of those websites.

 

No Assignment

 

These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of AWINECO. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of AWINECO. shall be null and void. These Terms and Conditions will inure to the benefit of AWINECO, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.

 

Choice of Law

 

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.

 

Disclaimer of Warranties

 

ALTHOUGH AWINECO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. NAPA WINE CO. DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, APPLICATIONS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF MALWARE OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. AWINECO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE SITE’S CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.  

 

 

 

Limitation of Liability

 

IN NO EVENT SHALL AWINECO AND/OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAPA WINE CO. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

 

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AWINECO to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AWINECO in writing.