Terms of Use
Thank you for visiting our website. This site (the “Site”) is operated by El Molino Winery, LLC, (collectively, “we”, “us”, “our” and/or similar references). BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Your Use of our Website
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.
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (see below) and all applicable laws and regulations. We make no representations that materials on the El Molino Winery website or available for use in locations other than the United States. Those who choose to access this Site from locations outside the Unites States do so on their own initiative and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit our Site.
Your Communication on our Site
Our Site enables you to post messages, reviews and other content on the Site and to submit comments, ideas and questions (“Submission(s)”). All rights, title and interest in such Submissions shall be the exclusive property of our Site with no compensation to you, and we may use such Submissions in any way, without limitation. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for the Affiliated Entities’ business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and to display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once your Submission is permanently removed or deleted from the Site by us. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
You agree not to use the Site to post content or other communications that contain (i) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) an impression that they emanate from us, if this is not the case; (viii) sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or (ix) similar information. Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. The Affiliated Entities have no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. If you choose to make any of your personally identifiable or other information publicly available in a Submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address, that you transmit to our Site electronically shall be used in accordance with our Privacy Policy.
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.
Downloads
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.
Disclaimer
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.
Restrictions
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.
Inappropriate Web Activity - You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) use any robot, spider or other automatic device, process or means to tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail; (j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) otherwise attempt to interfere with the proper working of the Site.
Copyright
The Site and all its contents including, but not limited to, all Site design, text, user and visual interfaces, look and feel, sound, icons, video clips, graphics, the selection and arrangement thereof, and any underlying software and computer codes (“Content”), are the copyright of the Affiliated Entities or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, patent or service mark is also a registered and/or unregistered trademark of the Affiliated Entities or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner is strictly prohibited. You are also advised that the Affiliated Entities will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Trademarks
Our sites include protectable service marks, trademarks and trade dress owned and/or licensed by El Molino Winery. 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 El Molino Winery, is strictly prohibited. All trademarks not owned or exclusively licensed by El Molino Winery that appear on the site are the property of their respective owners.
Governance
This Site is operated by El Molino Winery in the State of California, USA. As such, these Terms of Use and any dispute of any sort that might arise between you and the Affiliated Entities shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce these Terms of Use or matters related to the Site will be brought in either the state or federal courts in San Francisco, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against the Affiliated Entities or their respective officers, members, directors, employees, agents or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Our Address
El Molino Winery, LLC, 3315 St Helena Hwy N, St Helena, CA 94574
Export Control
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. The Affiliated Entities 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.
Indemnity
You agree to defend, indemnify and hold harmless the Affiliated Entities and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission that you make available or create through the Site, the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Termination
These terms are effective unless and until terminated by either you or the Affiliated Entities. You may terminate this Agreement at any time. You also agree that Site, in its sole discretion, may terminate your access to or use of the Site and the Software, at any time and for any reason, including without limitation if the Site or the Affiliated Entities believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Software will immediately cease. You agree that any termination of your access to or use of the Site and the Software may be effected without prior notice, and that the Site may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Site nor an Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
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. Notices and counter-notices should be sent to: El Molino Winery, LLC, 3315 St Helena Hwy N, St Helena, CA 94574; phone (707) 963-3632; and email wine@elmolinowinery.com Details are 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 wine@elmolinowinery.com You may also contact us by writing to El Molino Winery, LLC, 3315 St Helena Hwy N, St Helena, CA 94574, or by calling us at (707) 963-3632. 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.
Miscellaneous
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, applicable membership rules, and applicable program rules, constitute the entire agreement between you and the Affiliated Entities with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Affiliated Entities with respect to the Site. If any part of these Terms of Use 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. The failure of the Affiliated Entities to act with respect to a breach by you or others does not waive the Affiliated Entities right to act with respect to subsequent or similar breaches. The Affiliated Entities failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Affiliated Entities without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. The term Affiliated Entities is used for convenience and shall mean Affiliated Entity and/or Affiliated Entities, as applicable.
Privacy Policy
We respect and protect your privacy. The purpose of this Privacy and Security Policy is to fully share with you how we handle information about you.
What information do we collect, and how is it used?
Non-Personally Identifiable Information. When you visit the site, we collect some basic information that does not identify individual users. This includes pages visited, types of products purchased, and feedback from our visitors, as well as location data, logs and other communication data, and information about your computer and internet connection, including your IP address, operating system and browser type. We then aggregate this information with other pieces of information to improve our site and make your experience on the site as valuable and efficient as possible. Pages of the site may use devices that permit us to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). These devices are not used to access your personal information on the site. Our site also uses cookies to speed navigation, keep track of items, and provide you with custom-tailored content. We also use cookies to remember some of the information you've given us so you don't have to reenter it each time you visit the site. By showing us how and when shoppers use the site, cookies also help us see which areas are popular and which are not. Many improvements and updates to the site are based on data such as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. If your browser is set to refuse cookies, you will not be able to use the online order form. If you do not wish to enable cookies but would like to order wine, please call (707) 963-3632 or email us at wine@elmolinowinery.com
Personal Information Given When Ordering. If you purchase an item online from us, you provide us with the following information:
- First and last name
- Billing address
- Shipping address(es)
- Email address
- Phone number
- Credit card account number
- Names of items you purchase from us
- Messages you include in gift messages
- Verification of your age being over 21, where applicable
We use this information as follows:
- We fulfill your order based on this information.
- We share your information with certain business partners in order to fill your order and to ensure that we are compliant with wine direct shipping laws.
- We provide you with information about your order (such as, whether your order has been received, processed, or shipped).
- If you do not opt out, we will periodically contact you via email with news and special offers. To opt out of receiving emails with news and special offers from us, please email us at wine@elmolinowinery.com
- We ask for your phone number in the event that our customer service representatives need to contact you and cannot reach you by email. We save the information about products you purchased to provide you with the best possible customer service and the most up-to-date information about your order.
- Credit card information is used to bill you for products you have ordered.
With whom do we share information?
We do not sell, rent, or share any portion of our customer database to third parties. We do, however, work with third party services to manage aspects of our Site, business and our alcohol beverage related compliance. In connection with these activities, we may permit these third parties to access your information solely to help us better serve you and improve our business. For example, if you purchase wine through our online store and receive wine shipments, your information will be shared with our business partners for functions such as executing, filling and shipping filling orders and to ensure that we are compliant with the direct shipping laws in each state. These partners may only use your information for the purpose of fulfilling these functions. We do, however, provide links to sites that are not controlled by Affiliated Entities. Each of these sites will have its own terms of use and privacy and security policy and we cannot provide any assurance regarding privacy or security for these sites. If you would like to opt-out of receiving emails from us, please email us at wine@elmolinowinery.com
How do we keep your information private and your credit card secure?
Our online store uses encryption technology to keep your personal information safe. All your ordering information -- including your name, address, and credit card number -- is encrypted using a secure server for security. Your credit card and billing information cannot be read as it travels to our ordering system. The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to your information in order to perform their duties are allowed such access.
Credit card transactions are handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions. If you feel more comfortable doing so, you are welcome to call in your credit card information and complete your purchase by phone at (707) 963-3632.
Please note that we are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. We are not responsible for circumvention of any privacy settings or security measures contained on the site. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
Your California Privacy Rights.
California Civil Code Section § 1798.83 permits users of our site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail wine@elmolinowinery.com or write us at: 3315 St Helena Hwy N, St Helena, CA 94574
Wow do I change, update, or correct personally identifiable information about myself?
If at any time you would like to change your online store account information, please contact us at wine@elmolinowinery.com or (707) 963-3632 or update your information online. If you would like to be removed from our mailing list, please email us at wine@elmolinowinery.com
How do we protect people under 21 years of age?
All our shipments that contain alcoholic beverages are sent with an “Adult Signature Required" sticker on them. The common carrier that delivers our merchandise is required to ask and check for identification upon delivery.
Other
By using this site, you consent to the collection and use of your information by the Affiliated Entities as described in this policy. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to release information about users who we believe are in violation of our content guidelines. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.
We welcome comments and questions. Please contact us at wine@elmolinowinery.com
The date of this Privacy and Security Policy is April 20, 2012. We may update this policy from time to time. Please check this page periodically for changes. By using this site, you signify your agreement to this Privacy Policy.