TERMS AND CONDITIONS OF USE

BERGAMOT WINE COMPANY LLC

Last Updated: February 12, 2021

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBSITE.

The operator of this website, Bergamot Wine Company (the Company, we, our or us) offers access to bergamotwine.com (the Website or Site) conditioned on your acceptance without modification of the Terms and Conditions of Use and Privacy Policy ( the Privacy Policy) as set forth herein. If you do not agree to these terms please stop using the Website.

TERMS AND CONDITIONS OF USE

Terms and Conditions of Use.
The Company provides the Website to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the Terms of Use or TOU), as well as any other written agreement between you and the Company. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. By using this Site, you agree to comply with and be bound by the following terms and conditions of use of our Site. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site. These terms and conditions govern your use of the above listed web sites. By accessing this web site, you are acknowledging and accepting these terms and conditions. By accessing, downloading, installing, or using any Company digital information products purchased at this web site, You agree to be bound by the TOU, which you acknowledge that you have read and understood. These terms of use are subject to change by Company at any time and at our discretion without notice by updating this posting. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, you must review the herein TOU on a regular basis to keep yourself informed of any changes.

Our Wine Club; Account Management and Payments.
When you sign up as a member of our wine club, you will be charged immediately and then on the 1st of the month, every month after that. You will also be required to pay taxes and shipping charges as applicable to your purchases. You are responsible for timely notifying us if you wish to cancel your wine club membership prior to the date on which you are normally charged for your shipment, because once you are charged for the month we will not reimburse you if you decide later that month to quit the club. You may still cancel your wine club membership at any time by doing so in your account settings. However, if you are a club member on the date of your normal shipment you understand and agree that you will be charged for that month’s shipment on that date.

Your Account.
Our website allows you to set up an account online to become a wine club member and subscribe to any newsletters and emails we may send from time to time to inform you about our product offerings. You may access the personal information you have submitted to us on your account at any time by logging into your account and making changes to it. If you have an account, we will contact you from time to time by email with messages, newsletters, notices about social media posts and other matters we think you may be interested in about our wines and other products. However, you can opt-out of any marketing messages or newsletters by clicking the unsubscribe link available in the footer of each email. All membership subscriptions and retail orders are by credit card only. Membership payments are collected immediately upon subscription, and then once per month thereafter. Retail purchases are collected immediately upon check out from the Site.

Changes to your personal data.
In the event you wish to change any of your personal information that you have provided to us, please do so by logging into your account and making the necessary changes.

Shipping.
The shipping of all subscription products generally happens once per month on a designated day. Shipping is provided by a third party. All shipping issues that arise must be resolved through this third party. If you are unable to resolve your shipping issues we may be able to assist you but we are not responsible for your merchandise once it is processed in the shipping facility. Please see our Shipping Info page for more details on customer shipping responsibilities. Please consider your address for shipping as a person 21+ years of age must be present to sign for alcohol. Business addresses are highly recommended. We cannot ship alcohol to all states. We can only ship to states where it is legally allowed.

Certain policies apply to wine shipments. Alcohol will not be delivered to a visibly intoxicated person. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot of the shipping company until appropriate identification is produced, or it may be shipped back to the Company. You agree to pay all associated costs if the shipment is sent back to the Company including any costs to re-ship the order to you.

Customer Service.
Company will do the best job possible to resolve any and all issues you may have. However, please understand that we do not have a third party support team and are a small company and so your patience is also appreciated.

Privacy Policy. Our Privacy Policy published on the Website is incorporated by reference into these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of the Website. Any reference to these Terms of Use includes all such policies.

Ownership.
All content included on this site is and shall continue to be the property of the Company or is licensed to the Company and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

Effective Date.
These Terms of Use are effective as of September 15, 2018. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Conduct on Site.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. 

We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Use of Site.
You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. This TOU applies to all products sold on the site or any other site owned by the Company.

Security Breach.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

Termination.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you . Your use of this Site is at our discretion and we may terminate your use of this Site at any time. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Law Enforcement.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. We will disclose any information requested by law enforcement as determined in our sole discretion.

Third Party Sites and Information.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Infringement.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.Age Restriction/Limitations On Use. This website is not intended to be viewed by minors or anyone under the age of 21. By entering this web site, you are agreeing that you are over the age of 21.

Password.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.

Third-Party Links.
Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Intellectual Property.
You agree that this site (including but not limited to products and services, graphics, audio and video clips, editorial content, templates and scripts) contains proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the services on this web site in compliance with this Agreement. No portion of the services on this web site may be reproduced in any form or by any means, without expressed written permission from the Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services of this web site in any manner, and you shall not exploit the brand of this web site in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Modification of Site.
Notwithstanding any other provision of this Agreement, the Company and its licensors reserve the right to change, suspend, remove, or disable access to any of this web site’s products, content, or other materials comprising a part of the brand of this web site at any time without notice. In no event will the Company be liable for making these changes. The Company may also impose limits on the use of or access to certain features or portions of the services of this web site, in any case and without notice or liability.

Intellectual Property Infringement Complaints. For claims of copyright infringement and/or any violation of the Digital Millennium Copyright Act, please contact Sarah at Bergamot Wine Company at: sarah@bergamotwine.com

We will terminate the accounts of users who are repeat copyright infringers. We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, please provide the Company with the following information (to the contact person listed above):

a. A physical or electronic signature of the copyright owner or authorized agent Identification of the copyrighted work(s) claimed to have been infringed;

b. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

c. Information regarding how we may contact you (for example, mailing address, telephone number, e-mail address);

d. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

e. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer and Limitation of Liability. We make no guarantee or representation, either express or implied, as to the accuracy, correctness, value, timeliness, or completeness of any information on the Website. The information is provided “as is” and on an “as available” basis, and we do no represent that it is complete, current or free from errors or omission. You use the Website at your own risk. We do not control the content posted by third parties posted to the Website or to external websites, including the content of any messages, reviews, or websites linked to the Website, and we do not guarantee the accuracy, integrity, quality, or appropriateness of such content, nor can we guarantee that any product, vehicle, or real estate is free of defects. You should verify all information provided. Access to the Website or any third party websites may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to the Website or any third party websites will be continuous, uninterrupted, virus-free, or secure, nor can we ensure that the Website will be bug-free, error-free, or free of technical problems. We will, however, use reasonable care to maintain uninterrupted, bug-free and error-free service on the Website.

(Apologies for yelling, but this is the part our lawyer told us to yell…)

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CERTAIN UNITED STATES OR STATE LEGISLATION DOES NOT ALLOW FOR AN EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE BUG-FREE, ERROR FREE, OR UNINTERRUPTED. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE WEBSITE.

Complaints Against Third Parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Indemnification. You agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.

Severability And Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Company with respect to this web site and supersedes all prior or contemporaneous communications between you and Company with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law And Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to these Terms of Use or our Privacy Policy, or the breach thereof, shall be settled by arbitration administered by JAMS in Sonoma County, California. The arbitrator shall be a single JAMS panelist who shall be a practicing attorney or retired judge. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration must be on an individual basis. This means neither you nor we may join or consolidate claims in arbitration by or against other customers, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

Contacting Us. If you need to contact us, you can email us at info@bergamotwine.com or mail us a letter at: 711B Healdsburg Ave, Healdsburg, CA, 95448 . If you have any questions about these Terms & Conditions please feel free to contact us using one of the methods listed above.

Thank you for taking the time to read all this Legalese. It may be long but it is worth it.

With love,
Bergamot Wine Co.

WINE SMARTS.

WINE SMARTS.

And 10% off your next purchase. Pay no attention to the frog.

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