Privacy Policy

 
 

At Balletto Vineyards, we recognize and respect your privacy. The information you provide us is used to let you know about our wines, events we hold or participate in, other winery news you might find interesting, and to fulfill your wine orders.
We understand the sensitivity of giving out personal information, and we do not share this information with any third party marketing or sales organizations of any kind, except in the performance of services on behalf of Balletto Vineyards, and with their authorized use limited to this purpose.
When you join our mailing list, we will send you an e-mail confirming you have been added to our list. If at any time you wish to be removed from our mailing list, simply follow the “unsubscribe” instructions at the bottom of a Balletto Vineyards email you have received and you will be removed as quickly as possible.


If you supply us with your telephone number, you may receive follow-up telephone contact from us regarding orders placed online or Wine Club orders.
If you supply us with credit card and other payment information as part of your transaction, we will only share specific information (for example, your name and credit card number) with banks and other third parties in the financial system as necessary to process your transaction and maintain your account, and protect against fraud or other misconduct.  For example, we may use card authorization and fraud screening services to verify that your credit or debit card information and address match the information that you provided to us.


In addition to the above, we use the information we collect to:
    •    Provide our products and services to you;
    •    Perform auditing, research and analysis in order to maintain, protect and improve our products and services; and
    •    Ensure the technical functioning of our network and order processing system.


We take appropriate security measures to protect against the unauthorized access or use, alteration or loss of data, including without limitation, information that we have collected from you on our site.  The security of your account also depends on keeping your account password confidential, and you should not share your account name or password with anyone. If you do share your account information with a third party, they will have access to your account and your personal information.


Please note that this Privacy and Security Policy may change from time to time. We will not reduce your rights under this Privacy and Security Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy and Security Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy and Security Policy changes).


Cookies
Our Site also uses “cookie” technology to make your visits more convenient. These “cookies” are set so we may better customize your visit experience in the future. You are free to reject or “Not Accept” all cookies, but we will not be able to auto-enter your email address or customize your future visits.
We may use Google Analytics to analyze traffic to this web site. Google Analytics does not create individual profiles for visitors. Unlike some tracking services Google Analytics does not have a database of individual profiles for each visitor. Google Analytics only collects aggregate data. For more information about Google Analytics privacy policy, please click here.


Email Communications
We may use your email address to contact you to respond to your inquiries or to provide information on products or services to you. To help us determine whether you have received an email from us, and to help us make emails more useful and interesting, we may receive a confirmation that you have opened an email from us. We will not share your email with others outside companies.


Child Privacy
Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from children. Our terms and conditions of use require that access to the Site is limited to persons age 21 or older. If we have reason to believe that information is being provided by a person under the age of 21, we will not collect the information.
Inapplicability of Privacy Policies of any Linked Sites or Other Parties


This Site may contain links to other sites such as our distributors and third parties. This Privacy Policy only addresses our use and disclosure of your personal information collected on our Site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of any third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.


If you feel Balletto Vineyards Web site is not following its stated Privacy and Security policy, or you have any further questions about our Privacy and Security policy, please let us know at the address or phone number below.


Balletto Vineyards  5700 Occidental Road, Santa Rosa, CA, 95401 • Phone: 707.568.2455 x101

Terms of Use
Any use by you of the web site operated by Balletto Vineyards at www.ballettovineyards.com (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy & Security Statement.


We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion.


Review this page periodically for updates to these Terms & Conditions, which shall come into effect once posted.


We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.


The Site is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should exit the Site immediately.


All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy and within the opt-in notice are deemed to refer to Balletto Vineyards, its subsidiaries, affiliates and associates.


1. Rights – all rights in all material and content, including, but not limited to: text, images,* web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us or our licensors. You are permitted to use this material and/or content only as set out in these Terms & Conditions or as authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. *(Exception: Images clearly designated on the Site with a Creative Commons license may be used or distributed with appropriate attribution given to Balletto Vineyards.)


2. Intellectual Property – We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Any use or reproduction of the intellectual property is prohibited.


3. Copying – You may view the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.


4. Terms of Use and Acceptable Usage Policy Relating To Public Forums – The Site may contain interactive services, including, but not limited to, discussion groups, news groups, bulletin boards, chat rooms and blogs (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including, but not limited to, writings, images, illustrations, audio recording and video recordings. We may or may not actively monitor use of, or content or materials posted on, our Public Forums. Similarly, we may or may not exercise editorial control over the content of any Public Forum. As a result, you may be exposed to content on our Public Forums that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of Public Forums is at your own risk.


However, we reserve the right, but are not obliged, to monitor our Public Forums and to remove or alter any content, which we consider, in our sole discretion, constitutes a misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.


Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country. Any content, information or material posted to a Public Forum (“Postings” or “Comments”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.


You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.


We are not responsible for maintaining your Postings and we may delete them at any time. CONTENT, INFORMATION AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on Public Forums. You release us from claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.


5. Materials submitted by you – We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.


6. Accounts and Security – We may enable you to establish an account with a username and password to access and use the certain areas of the Site, including the Balletto Vineyards online ordering system and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session, and close your browser for additional protection. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.


7. Warranty Disclaimer – THIS SITE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THIS SITE AT ALL TIMES OR PLACES, THAT WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THIS SITE WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.


8. THIRD PARTY GOODS AND SERVICES – WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.


9. Your responsibility – You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses that we may make of such information.


10. Limitation of Liability – IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT ON THIS SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION


11. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.


12. Links from and to the Site – You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.


13. Indemnity – You will indemnify us and our officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.


14. Restriction, Suspension and Termination – We may restrict, suspend or terminate your access to the Site and/or your ability to use any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.


15. Entire Agreement – These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.


16. Export Controls – To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department’s Table of Denial Orders.


17. Law and Jurisdiction – These Terms & Conditions, including the Privacy & Security Statement and any matter relating to the Site, shall be governed by California law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of California and you irrevocably consent to the jurisdiction of such courts.
 
Return Policy
In accordance with California State and Federal laws, Balletto Vineyards cannot accept returns of alcoholic beverages with the exception of a corked or flawed wine, or if unordered wine is received as a result of a shipping error.


Replacing a wine purchased will be accomplished when a bottle of same vintage and varietal is available and the bottle was purchased directly from the winery. We reserve the right to deny a request for a return.


Please report a corked or flawed Balletto Vineyards product or a shipment error, and arrange for a return, by sending an email to: TastingRoom@ballettovineyards.com
 

The following terms and conditions of use (“Terms of Use”) govern this website and/or mobile sites and applications (the “Site”), the websites of any of our affiliated brands; when you make a purchase from us; subscribe to any of our mailing lists, newsletters, or wine club programs; sign up for our events; register for our promotions; and when you engage with one of our brand pages on community websites like Facebook, Pinterest, Twitter, or Instagram (“Brand Pages”). We reserve the right to amend the Terms of Use from time to time by posting a new agreement on this Site. We advise you to read these T

Terms of Use prior to every use of or purchase from the Site. Your use of the Site or purchase of any product or service from us constitutes acceptance of these Terms of Use, our Privacy Policy, and any additional terms that govern certain products, services or offerings as well as other legal notices, terms and policies on this Site (together referred to as “Terms”), all of which are expressly incorporated herein by reference. If you do not accept these Terms and/or any amendments thereto, please do not use the Site.


Restrictions
To use the Site, you must be 21 years of age or older, the legal drinking age in the United States. If you are not of legal drinking age, please exit this Site immediately.


By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Site and its features does not violate any applicable law, rule or regulation.


Copyright, Trademarks & Other Intellectual Property Rights
The content of this Site, including without limitation, any designs, logos, text, images, audio and video materials, software, graphics, and all copyrights, trademarks, services marks, trade names, logo and other intellectual property or proprietary rights contained therein is owned by us and/or licensed by us from third parties (the “Proprietary Material”). The Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. Except for the limited license to download and print certain material or information from the Site for non-commercial and private purposes, you have no right to use, copy, reproduce, display or distribute the Proprietary Material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private, non-commercial purposes without our express prior written consent is prohibited. All rights not granted hereunder are expressly reserved by us.

Registration
Registration on the Site provides the ability to store frequently used information and personal identifiable information to speed check-out.
A valid credit card with your name, billing address, and phone number is required when making a purchase. You may maintain this information, as well as other information such as shipping addresses, on the My Account page of the Site. All personal information provided to us will be collected, protected and used in accordance with our Privacy Policy. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
Upon registration, you must provide a working email address and a password. You must ensure that these remain confidential at all times and agree that you are solely and entirely responsible for all activities which occur under your email address and password and are solely responsible for the security of your access codes and/or passcodes. You must notify us immediately if you become aware of any unauthorized use of your email address and password. Each email address and password must be used by a single user and is not transferable. We may suspend or terminate access to an account if we suspect unauthorized or improper use of the account at any time without notice.


Purchasing Wines
Wines may be sold and delivered only to a person who is 21 years of age or older. By placing an order, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any wine will be delivered is 21 years old of age or older.

No Warranties
Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN “AS IS” BASIS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.


Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR LIABILITY, LOSS, DAMAGE OR EXPENSES ARISING OUT OF OR SUFFERED BY YOU AS A RESULT OF YOUR VISIT TO OR USE OF THIS SITE OR ANY LINKED SITE, ANY MATERIALS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, INABILITY TO USE THE SITE OR ANY ERROR IN THE PROVISION OF THE SITE, ANY COMPUTER VIRUS OR OTHER EXECUTABLE CODE THAT YOU MAY DOWNLOAD FROM THE SITE, AND ANY OTHER DEFECT THAT IS TRANSMITTED THROUGH THE SITE, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY); EVEN IF WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification
You agree to defend, indemnify and hold us, our subsidiaries, business partners, contractors, distribution partners, representatives, directors and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein and/or applicable law).


Links to Other Sites
Links to third party sites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed all of these other websites and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these third-party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk.
General


The Site is based in the United States in the State of California and all servers that make it available are hosted in the United States, except in emergencies when a failover server may be needed. We make no representation that the Site or its policies comply with the laws of any other country. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also consent to the transfer and use of your information outside of your country.


These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. Any dispute or controversy arising from use of the Site, our products, or these Terms of Use, must be brought in the courts of the State of California or the United States federal court having jurisdiction over San Francisco, California, and by using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts.

Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.

 

NOTICE TO CALIFORNIA CONSUMERS:
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT

On January 1, 2012, the Transparency in Supply Chains Act came into effect which requires certain retailers and manufacturers doing business in California to publicly disclose their efforts, if any, to eradicate slavery and human trafficking from their supply chains.
We work to ensure that our employees and all members of our supply chain are treated with dignity and respect. We do not use any forced labor in our operations and we expect the same of our business partners and suppliers.  All of our employees are charged with identifying and working with reputable suppliers that are committed to complying with all federal, state, and foreign laws regarding labor practices.
When we source from suppliers, we typically do so from suppliers located in the United States, and we typically do not engage suppliers from countries with an increased risk of human trafficking and slavery. We monitor supplier behavior and compliance to ensure that our suppliers meet our high standards. We encourage our suppliers doing business in countries with increased risk to enroll with third party audit organizations like Sedex, the Supplier Ethical Data Exchange. It is our policy to cease doing business with any supplier who participates in human trafficking or forced labor practices. If we discover a concern with one of our suppliers, we may require appropriate corrective action or terminate the relationship.
We have and are continuing to educate our employees who are involved in the procurement of goods and services about the Transparency in Supply Chains Act and the steps that should be taken to identify, cure, and guard against any use of forced labor in our supply chains.


PROPOSITION 65
Proposition 65 (Prop 65) is a state ballot initiative intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. For more information about Prop 65 and the list of chemicals requiring disclosure, please visit http://www.oehha.ca.gov/prop65.html. Prop 65 entitles California consumers to warnings for the following products:
Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits
WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.
Canned and Bottled Foods and Beverages


WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA.