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TERMS OF USE

Welcome to www.ambervistawines.com the official website (“site”) of Amber Vista Wines (“Owner”). The following Terms of Use, along with the other policies on this page, including the Disclaimer, Disclosure, and Privacy Policies, serve as an agreement between you as the user and the Owner of this website.

By using this site you represent that are you at least 21 years of age and have the legal capacity to enter into a binding agreement. Your continued use of the site through access or viewing is an acknowledgment that you have reviewed, understand, and agreed to these terms. If you do not agree to be bound by these terms, please discontinue your use of the site.

USE OF SITE AND TERMINATION OF USE

This site is intended to provide you with useful information and resources for your own personal use. In operating the site, you may have the option to join the mailing list, receive content upgrades or other free information, or to place orders for products or services. Any improper or unauthorized use of the site is prohibited.

This site is intended as a positive space and you agree that you will conduct your use in a way consistent with that intention. By using the site, you agree not to exploit any of the features of this site, including contact forms, comment boxes, or other means of communication, to post any of the following: unlawful information, including anything of an obscene, defamatory, threatening or harassing manner, or anything that encourages another to post such information; unauthorized advertisements, including solicitations and spam; unauthorized disclosure of others’ private or personal information; any content that infringes on the rights of others including, but not limited to, copyrights, trademarks, licenses, or contract right; any information that you know to be false or that is likely to mislead others; and anything that would constitute or encourage the commission of an illegal act.

By using this site, you agree that you are responsible for all content posted or uploaded by you to the site. You agree not to use the site under false pretenses or submit any false information. Further, you will not attempt to hack, reverse engineer, change, modify, adapt, or interfere with the site, its underlying code, API, servers, or any other portion.

Owner has complete discretion in the availability of this site and its accessibility to users. At any time, the Owner can immediately limit, discontinue, block, or suspend your use of the site.

INTELLECTUAL PROPERTY OWNERSHIP

This website contains information protected by intellectual property rights. The Owner of this site is also the Owner of all the intellectual property contained on this site included the name, domain, logo, images, graphics, content, writings, and other materials that may be posted from time to time. Owner exerts all rights to this content and you are prohibited from copying, reproducing, modifying, or otherwise distributing this content without Owner’s express consent.

Additionally, in using this site, you may be able to leave comments, send emails, or otherwise communicate with the site and Owner. By doing so, you agree to that Owner has an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use this content for any purpose.

By submitting, posting, or uploading content to the site, you represent and warrant that you own the rights to the content or have permission to grant the rights to the content subject to the terms of this section. You agree not to upload any content to the site that infringes on the intellectual property rights of any other person or entity, and you understand that you are solely responsible for any such submission.

THIRD PARTY LINKS AND INFORMATION

From time to time this site may link to other third party websites. This site makes no representations or warranties about the content on such third party websites and disclaims any and all liability for the information contained on those websites. Linking to a third party website does not imply that Owner endorses the site or its content and cannot be held responsible for your reliance on any information. Use or reliance of third party websites is done so at your own risk and they are governed by their own terms and conditions.

Additionally, from time to time this site may include content provided by third parties, including content created or provided by other users, bloggers, or other third-party licensors. All statements and opinions expressed in such third party content and any comments or responses thereto, other than the content provided by the site, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the site. The site is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third

THIRD PARTY INTEGRATIONS

To provide all features of the website and support all functionality of the website, the site may engage the services or products of third party providers. By using the site, you understand that your information may be shared with these third parties subject to our Privacy Policy to enable and facilitate your use of the site.

ACCOUNT CREATION

To fully access site services or products, both free and purchase, you may be required to create a User Account. By creating a User Account, you agree that all information provided in the creation process is true, accurate, and complete.

ELECTRONIC CONSENT

By using this site, you agree to be bound by these terms. Additionally, you also consent to be bound by your electronic agreement to any additional terms and conditions by clicking “I Consent” or “I Agree” or other similarly-worded language the same as if it were a handwritten signature with full legal force and effect.

LIMITATION OF LIABILITIES

YOU AGREE THAT IN NO EVENT WILL THE OWNER OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENSES, OR LOSSES, DIRECT OR INDIRECT, ARISING OUT OF OR RESULTING FROM YOUR USE OF THIS SITE, INABILITY TO USE THIS SITE, OR INFORMATION CONTAINED WITHIN THIS SITE. YOUR USE OF THIS SITE AND THE INFORMATION CONTAINED WITHIN IS AT YOUR OWN DISCRETION AND RISK.

YOU AGREE TO RELEASE THE OWNER FROM ANY LIABILITY, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, FOR DAMAGES INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, WHETHER DIRECT OF INDIRECT, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE INFORMATION CONTAINED WITHIN EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Owner, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PAYMENT TERMS

For any products or services purchased through the site, you agree to provide accurate payment information to cover the costs of such services. This payment method will only be charged for services selected by you. By making a purchase through the site and submitting your payment information, you expressly authorize the site to charge you for the selected services or products.

REFUNDS

All purchases made through the site are final and nonrefundable.

TERRITORIAL RESTRICTION

The Site and any information provided within the Site are not intended for distribution or use in any country or jurisdiction where such distribution or use would be contrary to any applicable governing law or regulation or any jurisdiction that would subject the owners to any additional registration requirements. Owners reserve the right to limit the availability of the Site in their sole discretion.

ENTIRE AGREEMENT

This agreement contains all the terms agreed to by the Owner and you with respect to your use of this website. It replaces and supersedes all previous discussions, understandings, and agreements.

SEVERABILITY

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

NO WAIVER

The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.

MODIFICATIONS TO AGREEMENT

Company may modify these terms at any time without notice. Such modifications become effective on the date that they are first posted to this site. By continuing to use this site, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the site.

DISPUTE RESOLUTION

This Agreement is governed by and shall be construed in accordance with the laws of California, without reference to its conflict-of-law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in California utilizing a third-party mediator that is agreed upon by the parties prior to pursuing other legal remedies including litigation. The prevailing party in a mediation is entitled to cover the reasonable cost of attorneys’ fees and costs expended for the mediation, in addition to any other relief that the prevailing party is granted.

If mediation is unsuccessful, you agree that this Agreement will continue to be governed by and shall be construed in accordance with the laws of California, without reference to its conflict-of-law provisions. You agree that any litigation must be brought in the courts of California.

Further, you expressly waive the right to a jury trial. You additionally agree that all claims must be brought within one (1) year of the date that the event giving rise to the claim occurred. You agree that damages are expressly limited to the amounts paid by you to the site owner for the products or services, and the Owner expressly limits all other liabilities in accordance with the above provisions in this agreement.

Alternate Arbitration Language: If mediation is unsuccessful, you agree that this Agreement will continue to be governed by and shall be construed in accordance with the laws of California, without reference to its conflict-of-law provisions. You agree that that both parties will submit to binding arbitration to take place in California pursuant to the rules of the American Arbitration Association. You additionally agree that all claims must be brought within one (1) year of the date that the event giving rise to the claim occurred. You agree that damages are expressly limited to the amounts paid by you to the site owner for the products or services, and the Owner expressly limits all liabilities in accordance with the above provisions in this agreement.

Multiple Delivery Attempts:

If no one is available to receive the package and it can not be left in a secure location with an adult signature, two subsequent attempts to deliver will be made. Wine orders required an adult signature, so whenever possible, we strongly encourage you to use a commercial business address to assure the fastest delivery time.

Benefits of Using a Commercial Delivery Address: We strongly encourage you to provide us, whenever possible, with a commercial address for the delivery of your order. Wine orders require the signature of an adult.

CONTACT: Any questions about these terms can be sent to info@ambervistawines.com