Terms & Conditions
Welcome to https://members.aubertwines.com the website for Aubert Wines. The terms “Aubert Wines,” “https://members.aubertwines.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
TERMS & CONDITIONS
Last Updated: June 15, 2018
We provide the content and services available to you on our website subject to the following Terms and Conditions (the “Terms”). If you do not agree with any of these Terms, do not access or otherwise use this website or any information or materials contained on the site. Your use of this site constitutes your agreement to abide by each of the Terms set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.
Note that the “Governing Law, Venue and Arbitration” Section of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
We reserve the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the site and cease all use of the site. By continuing to access or use the site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
Registration
Certain parts or features of the site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the site. You agree that you will not provide any false personal information to the site, or create an account for anyone other than yourself without permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark owner complains about a username). If you register with the site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another account on our site without our express permission.
Changes to the Site
We may update the content on the site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
Privacy Policy
Your use of the site is subject to our Privacy Policy, which is incorporated herein by reference and applies to our collection, use, disclosure and other processing of your personal information.
Returns Policy
We strive to provide our customers with the highest quality products and service. Your satisfaction is our top priority. If you are dissatisfied with your order, please contact us as soon as possible for assistance.
All wines sold are maintained at optimum conditions. We cannot be responsible for improper storage after it has been delivered. We also cannot accept returns for the following: wines that do not coincide with personal tastes, wines that have been adversely affected by customer storage, and wines that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in your care.
If a wine shipment was damaged or flawed in transit we will reship your order if production quantities allow. If we are unable to replace the shipment, you will receive a full refund, including shipping and handling charges.
Corked Bottle Policy
We procure the highest quality corks available. If you believe a wine is corked, please contact us immediately. We will request that the cork be mailed, so it may be analyzed for flaws. If analysis concludes that the cork is flawed and the bottle was purchased directly from the winery, we will issue a refund check for the release price of the bottle at the time of sale. Unfortunately, due to the limited production of our wines we cannot replace the bottle.
Sale of Alcoholic Beverages
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21, and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, 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 content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
We make every effort to ensure that our product database is accurate. Occasionally, however, our listed prices, bottle sizes or quantities may be incorrect. We shall be held harmless in the event of such mistakes.
Disclaimer of Warranties
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR SITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON OUR SITE. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE, OR THE OPERATION OR FUNCTION OF OUR SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF OUR SITE. OUR SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE MEET YOUR SPECIFIC REQUIREMENTS.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its 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.
Intellectual Property Rights
The site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned by us, and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
License to Access and Use Our Site and Content
Unless otherwise indicated in writing by us, the site and all content and other materials contained within the site, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or the proprietary property of our licensors, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the site or Content, except as expressly permitted by us, or (f) use the site or Content other than for their intended purposes. Any use of the site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary right, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the site and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
Repeat Infringer Policy; Copyright Complaints
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from the site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.
Trademarks
“Aubert Wines,” and any other Aubert Wines service names, logos or slogans that may appear on the site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Aubert Wines” or any other name, trademark or service name of Aubert Wines without our prior written permission. The use or misuse of these trademarks or any content on the site except as provided in these Terms is strictly prohibited. The use of any trademark, service mark, trade name or logo design is prohibited without specific written prior permission from us. All other trademarks not owned by us that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.
Third Party Content
We may display content, advertisements and promotions from third parties through the site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.
User Conduct
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the site or the method by which we provide our services to our users, including:
• Posting or transmitting through the site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;
• Using the site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the site or that could damage, disable, overburden or impair the functioning of the site in any manner;
• Reverse engineering any aspect of the site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the site;
• Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the site that you are not authorized to access;
• Developing any third party applications that interact with user content or the site without our prior written consent;
• Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the site, extracting data or otherwise interfering with or modifying the rendering of website pages or functionality; or
• Using the site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.
Indemnification
By using the site, you agree to defend, indemnify and hold harmless Aubert Wines, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the site, including, but not limited to, any use of our Content, information and services other than as expressly authorized in these Terms.
Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUBERT WINES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AUBERT WINES, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AUBERT WINE’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
Governing Law, Venue and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AUBERT WINES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All matters relating to the site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Aubert Wines agree to submit to the personal and exclusive jurisdiction of the state courts located within Napa County, California and federal courts located within San Francisco, California for the purpose of litigating all such disputes.
ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND AUBERT WINES AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND AUBERT WINES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages.
If you elect to seek arbitration or file a small claims court action, you must first send to Aubert Wines, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: Aubert Wines, 333 Silverado Trail, Calistoga, CA 94515. A Notice, whether sent by you or Aubert Wines, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated. If Aubert Wines and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Aubert Wines may commence an arbitration proceeding or, if applicable, file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
YOU AND AUBERT WINES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aubert Wines agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your individual capacity or that of Aubert Wines, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable. If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to the “Termination” Section below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the site, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Survival
The following sections will survive the expiration or termination of these Terms: all defined terms and the “Repeat Infringer Policy; Copyright Complaints” Section, “Trademarks” Section, “Third Party Content” Section “User Conduct” Section, “Indemnification” Section, “Limitation of Liability; Release” Section, “Governing Law, Venue and Arbitration” Section, “Termination” Section, “Severability” Section and this “Survival” Section.
Miscellaneous
These Terms, along with our Privacy Policy, constitute the entire agreement relating to your access to and use of the site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights and privileges under these Terms (including any information provided by you to us), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Your Comments and Concerns
All other feedback, comments, and other communications relating to our site should be directed to:
[email protected].