TERMS OF USE

The website displayed at www.bwisevineyards.com (this “Site”) is operated by B. Wise Vineyards Inc. (“BWV”). Your use of and access to this Site is conditioned upon your acceptance of these Terms of Use including our Privacy Policy. Every time you use this website, you acknowledge to us that you have read these terms and conditions and agree to be bound by them.

PERMITTED USERS OF THIS SITE REQUIREMENT

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, 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 this Site.

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

Intellectual property and restrictions on use of content. Unless expressly stated otherwise, all intellectual property rights appearing on this website (such as names, trademarks, logos and copyright material) are owned by us and/or our related companies. Except as permitted by these Terms of Use, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without BWV’s express prior written consent.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

PRIVACY AND PERSONAL INFORMATION

Any personal information submitted by you on this website is governed by our Privacy Policy.

USE OF THIS SITE

BWV maintains this Site for your personal entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with B. Wise Vineyards express prior written consent. All rights not expressly granted here are reserved to BWV.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

NO WARRANTIES

BWV does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are provided on an “As Is” and “As Available” basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purposes, non-infringement or accuracy.

BWV also assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

LIMITATION OF LIABILITY

In no event shall BWV, its affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

INDEMNIFICATION

You agree to defend, indemnify and hold BWV, its affiliates, and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

ON-LINE STORES; PROMOTIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

COMMUNICATIONS WITH THIS SITE

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. BWV will fully comply with any applicable law, regulation, or order of any court or other governmental authority and fully cooperate with all law enforcement authorities, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. BWV cannot prevent the “harvesting” of information from this Site, and you may be contacted by BWV or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of BWV, may or may not be posted to this Site at the sole discretion of BWV and may be used by BWV or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, BWV is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by BWV without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although BWV may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, BWV is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. BWV assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

TERMINATION

At its sole discretion, BWV may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

UNAFFILIATED PRODUCTS AND SITES

Descriptions of, or references to, products, publications or sites not owned by BWV or its affiliates do not imply endorsement of that product, publication or site. BWV has not reviewed all material linked to the Site and is not responsible for the content of any such material.Your linking to any other sites is at your own risk.

LINKING POLICY

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than BWV. Each linked-to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. BWV does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. BWV does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

DISCLAIMER

While we will take all reasonable steps to ensure that this website is accurate, the website and its contents are provided on an “as is” basis. To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime and security of this site and the integrity of data accessed through this site) are excluded. We (including our related companies) are not liable for any loss or damage which you may suffer as a result of using this website. We reserve the right to revise the content of, or withdraw access to this website at any time without notice or liability to you.

GOVERNING LAW

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that BWV intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited.

These Terms of Use are effective as of March, 2017.