Monday September 06, 2010

Conditions of Use

Terms of Service

Welcome to the Internet sites of Walkerwine.com, Inc. ("Wine"). Wine includes walkerwine.com, and other Internet sites affiliated with Walker Family Vineyards.

PLEASE NOTE THAT YOUR USE OF THE WINE 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 WINE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINE 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 WINE FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU.  YOUR CONTINUED USE OF THE WINE 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 Wine Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Wine Site or Wine computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Wine Site except as permitted in writing by Wine.

The Sale of Alcoholic Beverages

Wine 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. Wine 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 Wine is over the age of 21. You also agree that any alcohol purchased from Wine is intended for personal consumption and not for resale, unless a wholesale account has been created and wholesaler is authorized to sell wine. 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 Wine will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Wine to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Wine, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content and Monitoring

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

Parental Control Protections

As required by the Communications Decency Act of 1996, Wine 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. Wine does not sponsor or endorse any of these companies or their services.

Links

The Wine Site may contain links to other web sites or resources. You acknowledge and agree that Wine 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 Wine Site does not imply that Wine endorses the linked site.

GIFT CERTIFICATES

Gift certificates must be redeemed through the Wine Web site, http://www.walkerwine.com, toward the purchase of products listed in Wine's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Wine Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Wine Web site are subject to Wine's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the Wine online at http://www.walkerwine.com/ Wine will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Wine Web site or is redeemed and used to make purchases on the Wine Web site. Wine may provide gift certificate purchasers with information about the redemption status of gift certificates.

Any dispute relating in any way to Wine gift certificates shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Wine's intellectual property rights, Wine may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Wine 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.

Wine Stewardship

Welcome to the terms and conditions ("Terms") for Steward-Ship. These Terms are between you and Wine, Inc., and/or its affiliates ("Wine" or "Us"), and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with Steward-Ship, constitute the entire agreement between you and Wine related to the Steward-Ship shipping membership program. Please note that your use of the Wine Web site and Steward-Ship membership are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Wine website, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Agreement Changes: Wine may in its discretion change these Terms, Wine's general Terms of Service and Privacy Policy, or any aspect of Steward-Ship membership, without notice to you. However, any increase in the membership fee will not apply until your membership is renewed. If you cancel your membership before the effective date of these changes, Wine will give you a prorated refund of your membership fee based on the number of full months remaining in your membership period. This refund option does not apply to any other changes we may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WINE CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Wine: Wine may terminate your membership at its discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that Wine determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. Wine’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Program Benefits: Steward-Ship members are entitled to free standard shipping on all eligible purchases.

Eligible Purchases: This program is limited to products sold by Wine on www.walkerwine.com that are shipped to continental United States addresses, excluding U.S. territories, possessions and protectorates. We may exclude products in our discretion.

Conditions: You must have a Wine account to register for and use Steward-Ship. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your membership or these benefits. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Steward-Ship eligibility. Please note:

  • we may ship the products by ground or air at our discretion (these options do not correspond to any carrier-branded shipping services);
  • our carriers usually do not pick-up or deliver packages on weekends or holidays;
  • Promo code is valid only on orders placed from the Wine account that purchased the Steward-Ship program. Code cannot be used on any other Wine account.
  • In cases of extreme weather where only expedited shipping is available, you will receive a credit for the cost of standard shipping.
  • Promo code is not valid toward shipping on wine club memberships, wine cellars and other select products.
  • Steward-Ship cannot be given as a gift because it is tied to the account of the person purchasing it. Instead, we recommend a gift certificate.
  • Evening, date-specific and by appointment shipments will receive a credit for the cost of standard shipping.

Fees; Renewal: The annual membership fee for Steward-Ship is $49.99. This fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Steward-Ship. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Membership Cancellation: If you cancel your membership before you have made any eligible purchases, we will refund your full membership fee.

Promotional Trial Memberships: We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time choose not to upgrade to regular annual membership at the end of the trial period.

Protection of Content Provided by Wine and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the Wine Site ("Site Content") are copyrighted materials owned by or licensed to Wine. The Site Content may contain trademarks, service marks and trade names which are owned by Wine 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 Wine, its affiliates, or third parties. "Wine" is a trademark of Wine. Unless authorized in writing by an officer of Wine, Wine's trademarks may not be used in connection with any product or service that is not Wine's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine. 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 Wine 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 Wine Site. Nothing contained in the Wine 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 Wine, 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 Wine, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement

Wine respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wine's Designated Agent the following information:

  1. Wine's Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Wine's designated agent as specified below. Please include the following information:

    1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the site;
    4. Your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices

WINE will give you any necessary notices by posting them on the Wine Site. You authorize WINE to send notices via electronic mail as well if WINE decides, in its sole discretion, to do so. You agree to check the Wine 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 Wine Site.

Disclaimer of Warranties

ALTHOUGH WINE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINE SITE. WINE DOES NOT WARRANT THAT YOUR USE OF THE WINE SITE, OR THE OPERATION OR FUNCTION OF THE WINE 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 WINE 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. WALKERWINE.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE SITE. THE WINE 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 WINE 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 WINE SITE, THE USE OR PERFORMANCE OF THE WINE SITE, THE DELAY OR INABILITY TO USE THE WINE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

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

Termination of your Wine Account

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

Account Maintenance Fee

For any account that has been inactive for twelve consecutive months, Wine reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity Wine will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.

Force Majeure

Wine shall be excused from performance under this Terms of Service if Wine 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 Wine.

Survival

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

General Provisions

You agree that Wine 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 Wine 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 Wine 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 Wine in writing. The Terms of Service, along with the Wine Privacy Policy, comprises the entire agreement between you and Wine 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 Wine. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Wine shall be null and void. These Terms of Service will inure to the benefit of Wine'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 Diego 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 May 04, 2010.

Back