Please read these Terms and Conditions of Use (“Terms”) carefully before using this web site (the “Site”). The Site is owned and operated by Daylight Wine Company (the “Company”).
1. Binding Agreement
Use of the Site is available only to those users who are in compliance and agreement with these Terms as well as the other terms and conditions referenced elsewhere on the Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
2. User Age
Because of the nature of the Company’s business, and its products and services, the Site is not intended for use by persons under age 21. The Company does not knowingly attempt to solicit or receive any information from persons under age 21. Use of the Site, or any registration that may be required to access portions of the Site, or to purchase products or services, including alcoholic beverages, may only be made by those persons who are at least 21 years of age. By using the Site, you are representing that you are at least 21 years of age.
3. Limited License and Site Access
Subject to these Terms and all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable, personal, limited license (the “Limited License”) to download, access, view, use and display the Site and the text, graphics, content, information, audio, video and other services (collectively, the “Materials”) which the Company makes available from time to time on the Site. The Limited License may be terminated by the Company at any time. The Limited License is not a transfer of title to the Site or any Materials. Any downloading, modification, reproduction, copying or redistribution for commercial purposes of any Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to reproduce any Materials or design elements of the Site should be addressed to the Company at Daylight Wine Co., 454 W. Napa Street, Sonoma, CA 95476.
Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of Materials posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This Limited License does not include the right to modify the Site, or any portion of it, except with the express written consent of the Company. Any resale or commercial use of the Site, or any Materials; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; any sending of unsolicited e-mail, including promotions and/or advertising of products or services; any submission of a virus to the Site, overloading, flooding, mail bombing or crashing; any use of data mining, robots, or similar data gathering and extraction rules; or any other form of hacking, interference, spamming, sabotage or manipulation is prohibited.
You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use the Site for lawful purposes only. You shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
You shall not sublicense, transfer or assign the Limited License or any other rights granted under these Terms. Any attempted transfer in violation of the foregoing is void.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these Terms.
You have no ownership rights in the Site or in the Materials. Rather, you have a Limited License to download, access, view, use and display the Site and the Materials for the purposes permitted in these Terms as long as the Limited License remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with the Company.
5. Your Account and Registered Users
You are generally free to visit the Site without telling us who you are or revealing any information about yourself. However, you may be required to register in order to access certain portions of the Site, including portions which are only accessible to Advocate’s Club members. If certain portions of the Site require you to register, you must complete the registration process by providing the Company with current, complete and accurate information about yourself as prompted by the applicable registration form.
If you are required to register in order to access certain portions of the Site, you may be provided with, or you may choose, a password and a user name. If you are a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password. If you use the Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
6. Compliance with Laws, Including for Sale, Shipment and Delivery of Alcoholic Beverages
The Site is administered by the Company from its offices within the United States. It is the Company’s policy to comply with all applicable laws, including, but not limited to, state and federal laws with respect to the sale, shipment and delivery of alcoholic beverages. You agree that you will comply with all such applicable laws. ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD; IF YOU PLACE AN ORDER, THROUGH OUR ADVOCATE’S CLUB WINE SUBSCRIPTION/ONLINE STORE OR OTHERWISE, YOU REPRESENT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD. All alcoholic beverage shipments require a signature of someone at least 21 years old upon delivery.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THE SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
9. Links to Third-Party Sites
The Company may provide on the Site, solely as a convenience to its users, links to web sites operated by other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
10. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on the Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
11. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, ITS MATERIALS OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY UNDER SOME CIRCUMSTANCES.
The obligations and responsibilities of the Company regarding its products and services are governed solely by the terms and conditions of sale under which such products and services are sold. Copies of such terms and conditions are available directly from the Company.
All content contained herein is subject to change without notice, but the Company has no responsibility to update any information on the Site. The Company reserves the right to change or modify these Terms at any time. Such changes, modifications, additions, or deletions to these Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new Terms on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these Terms from time to time. The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.
These Terms and the Limited License granted herein will terminate automatically and without notice if you fail to comply with any of these Terms; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of the Company shall survive the termination of the Limited License.
14. Intellectual Property
The Site, including all Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of the Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these Terms. Except as expressly provided in these Terms, the Company does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.
All Site design, text, graphics and the selection and arrangement thereof, are the property of the Company. All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of the Company or third party products or web sites (“Company Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.
These Terms and any dispute between you and the Company arising out of or related to the Limited License or your use of the Site (the “Disputes”) shall be construed, interpreted and governed by the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions. The state courts located in Sonoma County, California, and the Federal District Court for the Northern District of California shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes.
These Terms constitute the entire agreement between the Company and you and supersede any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.