Your Use of our Websites
We encourage responsible drinking only for those of legal drinking age. 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.
Membership and Programs
Your Communication on our Site
Site Transactions and Right to Change Site
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Product Information and Colors
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Site, you may download and view 1 copy of such software on any single computer solely to use our Site.
We provide our Sites, including without limitation their contents and Software therein, on an "as is" basis and make no representations or warranties of any kind with respect thereto. We disclaim all such representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, although we make an effort to keep our Sites current and accurate, we do not represent or warrant that the information accessible via our Sites is accurate, complete, or free of typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites, including pricing and availability information, is inaccurate at any time without prior notice.
Limitation of Liability and No Endorsement
Except as specifically stated on our Sites or as specifically limited by some jurisdictions, neither we nor any of our employees, affiliates or representatives will be liable for damages arising out of or in connection with the use of our Site and/or any web sites to which our Site may link. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We cannot prevent the "harvesting" of information from this Site, and you may be contacted by us or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Inclusion of a web site link or a third party product on our Site is not an endorsement of such product or web site by us.
Alcohol Related — There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Wines offered for sale in our on-line store are not available except to adults of legal drinking age and only to states where shipping is permitted.
Personal, Non-Commercial Use — You may view our Sites and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights reserved. The use of any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and the deletion or alteration of any copyright, trademark and other proprietary notices appearing on such materials are also prohibited.
Our Sites include protectable service marks, trademarks and trade dress owned and/or licensed by APWG and its affiliates. Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, republication, transmission, translation, publication, public performance or display, commercial exploitation, or creation of any derivative works from this Site in any way without the prior written permission of APWG is strictly prohibited. All trademarks not owned or exclusively licensed by APWG and its affiliates that appear on the Site are the property of their respective owners.
Attn: Legal Department, American Pioneer Wine Growers, 22281 Chianti Rd., Geyserville, CA 95441
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the Site a notice requesting that Site remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Attn: Legal Department, American Pioneer Wine Growers, 22281 Chianti Rd., Geyserville, CA 95441; phone (707) 251-3200; facsimile (707) 251-3290 and email firstname.lastname@example.org. Details are available at http://www.copyright.gov/onlinesp. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to Attn: Legal Department, American Pioneer Wine Growers, 22281 Chianti Rd., Geyserville, CA 95441, or by calling us at (707) 251-3200. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Void Where Prohibited
Although this Site is accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
© 2015 American Pioneer Wine Growers.