Terms and Conditions of Use
Your Use of Our Websites
We encourage responsible drinking only for those of legal drinking age. If you are not of legal age in your country of residence and the country from which you are accessing these Sites, please refrain from visiting our alcohol-related Sites. By continuing to access any such Sites, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing these Sites, and that you are not a person barred from receiving goods or services under the laws of the United States or other applicable jurisdiction.
Membership and Programs
Your Submissions on our Sites
Our company policy does not allow us to accept or to consider creative ideas, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, we must ask that you do not send creative ideas, proposals, plans, or other materials for our businesses.
Content Restrictions. You agree not to use the Sites to post content or other communications that contain (i) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) an impression that they emanate from us, if this is not the case; and/or (viii) similar information.
Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. The Affiliated Entities have no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party.
Alcohol Related Restrictions. There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Alcohol offered for sale in our on-line stores is not available except to adults of legal drinking age and only to states where shipping is permitted.
Claims of Copyright Infringement
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 Sites infringe your copyright, you (or your agent) may send the Sites a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Sites a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices should be sent to: Attn: Legal Department, P.O Box 208, Rutherford, CA 94573; phone (707) 251-3200; and email firstname.lastname@example.org. Details are available at http://www.copyright.gov/onlinesp/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Your License to Use the Sites
From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Sites, you may download and view one copy of such software on any single computer solely to use our Sites.
Site Transactions and Right to Change Sites
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites, including pricing and availability information, is inaccurate at any time without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
Product Information and Colors
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
We provide our Sites, including without limitation the content and Software therein, on an "AS IS" and “AS AVAILABLE” basis and make no representations or warranties of any kind with respect thereto. THE AFFILIATED ENTITIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Affiliated Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Sites or any Submissions or associated services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Sites or any Submissions; (iii) the deletion of, or the failure to store or to transmit, any Submission and other communications maintained by the Sites; and (iv) whether the Sites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Affiliated Entities or through the Sites, will create any warranty not expressly made herein.
The Sites may contain links to third-party websites or resources. You acknowledge and agree that the Affiliated Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Affiliated Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR SUBMISSIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AFFILIATED ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OUR AFFILIATED ENTITIES, IF ANY, IN THE PAST SIX MONTHS FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE AFFILIATED ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an e-mail to email@example.com. You may also contact us by writing to Attn: Legal Department, P.O. Box 208, Rutherford, CA 94573, or by calling us at (707) 251-3200. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Void Where Prohibited
Although these Sites are accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Sites. We reserve the right to limit the availability of these Sites and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Effective Date: June 13, 2022