Welcome to Augusta Winery!

Terms & Conditions

Welcome to the Internet site of Augusta Winery. ("AugustaWinery.com").

PLEASE NOTE THAT YOUR USE OF THE AugustaWinery.com SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS AugustaWinery.com SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE AugustaWinery.com SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY AugustaWinery.com FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE AugustaWinery.com SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using the AugustaWinery.com Site:

Intentionally or unintentionally violate any applicable law or regulation.

Access, tamper with, or use nonpublic areas of the AugustaWinery.com Site or AugustaWinery.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

Frame or link to the AugustaWinery.com Site except as permitted in writing by AugustaWinery.com.

The Sale of Alcoholic Beverages

AugustaWinery.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. AugustaWinery.com 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 are acknowledging that the person receiving a shipment of alcoholic beverages from AugustaWinery.com is over the age of 21. You also agree that any alcohol purchased from AugustaWinery.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 AugustaWinery.com will prosecute you fully to the extent allowable by law.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this AugustaWinery.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of AugustaWinery.com. AugustaWinery.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this AugustaWinery.com Site by anyone other than authorized AugustaWinery.com employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, AugustaWinery.com 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. AugustaWinery.com does not sponsor or endorse any of these companies or their services.

Links

The AugustaWinery.com Site may contain links to other web sites or resources. You acknowledge and agree that AugustaWinery.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the AugustaWinery.com Site does not imply that AugustaWinery.com endorses the linked site.

Augusta Winery reserves the right to change these terms and conditions from time to time in its discretion.

All terms and conditions are applicable to the extent permitted by law.

Protection of Content Provided by AugustaWinery.com and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the AugustaWinery.com Site ("Site Content") are copyrighted materials owned by or licensed to AugustaWinery.com. The Site Content may contain trademarks, service marks and trade names which are owned by AugustaWinery.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by AugustaWinery.com, its affiliates, or third parties. "AugustaWinery.com" is a trademark of Augusta Winery. Unless authorized in writing by an officer of Augusta Winery, AugustaWinery.com's trademarks may not be used in connection with any product or service that is not Augusta Winery's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AugustaWinery.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of AugustaWinery.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the AugustaWinery.com Site. Nothing contained in the AugustaWinery.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of AugustaWinery.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to AugustaWinery.com, its affiliates, and/or any third party, as applicable.

Notices

AugustaWinery.com will give you any necessary notices by posting them on the AugustaWinery.com Site. You authorize AugustaWinery.com to send notices via electronic mail as well if AugustaWinery.com decides, in its sole discretion, to do so. You agree to check the AugustaWinery.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the AugustaWinery.com Site.

Disclaimer of Warranties

ALTHOUGH AUGUSTAWINERY.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE AUGUSTAWINERY.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE AUGUSTAWINERY.COM SITE. AUGUSTAWINERY.COM DOES NOT WARRANT THAT YOUR USE OF THE AUGUSTAWINERY.COM SITE, OR THE OPERATION OR FUNCTION OF THE AUGUSTAWINERY.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, 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 VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE AUGUSTAWINERY.COM 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. AUGUSTAWINERY.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE AUGUSTAWINERY.COM SITE. THE AUGUSTAWINERY.COM SITE CONTENT 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 AUGUSTAWINERY.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES 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 AUGUSTAWINERY.COM SITE, THE USE OR PERFORMANCE OF THE AUGUSTAWINERY.COM SITE, THE DELAY OR INABILITY TO USE THE AUGUSTAWINERY.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AUGUSTAWINERY.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AUGUSTAWINERY.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUGUSTAWINERY.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AUGUSTAWINERY.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUGUSTAWINERY.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS AUGUSTAWINERY.COM'S LIABILITY OR YOUR REMEDIES.

Privacy Policy

Your use of the AugustaWinery.com Site is governed by the AugustaWinery.com Privacy Policy.

Termination of your AugustaWinery.com Account

AugustaWinery.com may terminate your AugustaWinery.com Account with or without cause at any time effective immediately.

Force Majeure

AugustaWinery.com shall be excused from performance under this Terms of Service if AugustaWinery.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of AugustaWinery.com.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from AugustaWinery.com, Limitation of Liability, Indemnity and General Provisions.

General Provisions

You agree that AugustaWinery.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, 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 AugustaWinery.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 AugustaWinery.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AugustaWinery.com in writing. The Terms of Service, along with the AugustaWinery.com Privacy Policy, comprises the entire agreement between you and AugustaWinery.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of AugustaWinery.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of AugustaWinery.com shall be null and void. These Terms of Service will inure to the benefit of AugustaWinery.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated February 1, 2010
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