PRIVACY POLICY
Thank you for visiting us at our website (the "Site"). We are committed to protecting your privacy. This Privacy Policy provides you with an explanation of the information we collect from you and how we may use that information. If you do not want us accessing and/or using your personal information as described herein, please do not provide us with such information. If you have any questions about our collection and use of your information, please contact us at contact@wineryexchange.com. This policy may be updated from time to time, so please check here for changes. By continuing to visit and use the Site, you thereby provide your consent to the changes.

 

Our Collection and Use of Your Information
Personally Identifiable Information. We collect personally identifiable information (such as your name, address, telephone number, date of birth, e-mail address and credit/debit card number) only when you provide such information to us. We may use such personal information to process your requests or orders, to communicate with you, and as required by applicable laws, rules, regulations, or our Terms of Use. From time to time, Winery Exchange and select companies with which we have a relationship may use your personal information to notify you of new wines and releases, special offers, and events we think you will find valuable or of interest. We may share your personal information with third parties who we believe have products and services that may be of interest to you. We may disclose your personal information to third parties for the purpose of executing or processing information or transactions on our or your behalf (e.g. processing of credit card transactions). Lastly, we may share your personal information if we believe that the law requires us to do, or to protect our own property or the property, safety or life of a third party.

 

If you do not want to provide us with your personal information, you may still access the Site but certain functionalities or services may not be available to you.

 

Non-Personally Identifiable Information. We collect certain non-personally identifiable information about our visitors via the standard operation of our servers and through the use of "cookies". Generally, we use cookies to enable us to deliver a better and more personalized service, assist us in tracking visits to the Site, and to measure visitor patterns to allow us to make decisions about the design and usage of the Site. We reserve the right to disclose or utilize any of this information in aggregate form, for any purpose, in our sole judgment. We may also share this information with third parties who may choose to deliver directed marking to you. By modifying your browser preferences, you can accept or reject all cookies.

 

Your Privacy Rights

If you do not wish to receive email or other communications from us in the future or if you want us to remove or update any of your personal information from our system, please contact us with your request at:

 

Email Contact: contact@wineryexchange.com
Telephone Contact: 1-877-946-3793

 

Please note that there might be some delay between when you submit your request and when it is implemented in our systems, so you may receive communications from us after submitting your request.

 

Not Directed to Persons Under the Legal Drinking Age
Our Site is not intended for or directed to persons under the age of 21, and we do not knowingly collect information from persons under the age of 21. If we become aware that a person under the age of 21 has provided us with personal information, we will delete such information from our database.

 

Our Commitment to Security
We are committed to maintaining the security of your personal information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard the information we collect. Although we endeavor to protect the security of your personal information, due to the inherent nature of the Internet, no transmission is 100% secure. By using our Site, you agree that you assume such risk.

 

Offers and Promotions
We may from time to time offer you opportunities that are sponsored or co-branded with third parties. Such content may include contests, sweepstakes or promotions. In connection with such opportunities, the relevant third parties may obtain personal information that you voluntarily submit to participate in such opportunity. We do not control these third parties' use of such information.

 

Governing Law
This Privacy Policy and our legal obligations hereunder are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. If any action is necessary to enforce this Privacy Policy, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Both parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to JAMS. All arbitration proceedings shall be conducted in San Francisco, California. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration.

 

How to Contact Us
If you have any questions, comments or concerns regarding this Privacy Policy and/or the practices described herein, please email us at contact@wineryexchange.com or write us at 500 Redwood Blvd., Suite 200, Novato, CA 94947.
This Privacy Policy was last updated on October 31, 2013.

 

TERMS OF USE

 

By using the Site, you agree to these terms of use. If you do not agree to these terms of use, please do not use the Site. We reserve the right to change these terms and any changes will be posted here.

 

No Unlawful or Prohibited Use
You must be 21 years of age or older, the legal drinking age in the United States, to use this Site. You agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

 

Restrictions on Use of Materials
The contents of the Site are the owned or licensed by Winery Exchange and are protected by U.S. and foreign intellectual property laws, including copyright and trademark. No material from the Site may be copied, reproduced, transmitted, or distributed in any way, except that you may download or reproduce one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices.

 

NO WARRANTIES
Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. WE ALSO MAKE NO WARRANTIES AS TO THE AVAILABILITY OR SECURITY OF THE SITE OR WHETHER THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

 

DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES AND CONTENT PROVIDERS, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, THAT MATERIALS ON THE SITE, AND/OR ANY LINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES TO DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

 

Indemnity
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of these terms by you.

 

General

The Site is based in the United States in the State of California. We make no claim that the Site is appropriate outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. If any action is necessary to enforce these Terms of Use or our Privacy Policy, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Both parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to JAMS. All arbitration proceedings shall be conducted in San Francisco, California. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration.

 

Links to Third Party Websites
Our Site may contain links to other websites. Such linked sites are not under our control, and Winery Exchange is not responsible for the contents of any linked site. Winery Exchange is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by or association with Winery Exchange.

 

Claims of Intellectual Property Infringement
If you believe that your copyright or other intellectual property rights have been violated by content posted on this Site, please contact us at contact@wineryexchange.com and provide the following information:
• A signature of a person authorized to act on behalf of the owner of the applicable copyright or other intellectual property right;
• Identification of the allegedly infringed copyrighted work or works;
• Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
• Information reasonably sufficient to enable us to contact you (e.g. an address, telephone number, and email address);
• A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

 

Enjoy Responsibly
Please enjoy our wines responsibly. We believe that wine should be consumed in moderation. Consumption of alcohol in excess poses the risk of detrimental social, health and legal consequences.
We are committed to marketing responsibly. Our marketing, promotions, and communications do not feature or target under age consumers and will not portray or encourage excessive consumption.