Terms & Conditions

Terms & Conditions

The website located at www.delaneyvineyards.com (“Site”) is owned by and operated by Delaney Vineyards, LLC (“Delaney Vineyards”). The terms, conditions and notices below (“Terms of Use”) govern your use of the Site. Your use of and access to the Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

Permitted Users

The Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. You must be 21 years of age or older, to order or receive alcoholic beverages. If you are not, please exit the Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing the Site.

Attention California residents. Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.

Intellectual Property Protection

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Use of and Downloading Materials

Materials on the Site may be used only for your personal, non-commercial use, provided you do not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notices or legends appearing on any of the Materials. You may not engage in systematic retrieval of data or other Materials from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Delaney Vineyards, nor may you mirror on your own site, or other publication, the home page or results pages of the Site.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

Use of the Materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity for which you are an officer, director, employee, or other agent) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Materials for any such website or Internet activity, you will need permission from Delaney Vineyards even if your website or Internet activity is free of charge.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Wine is a perishable commodity and can be subject to extremes of temperature: heat and/or cold may adversely affect the condition of your wine during shipment. Delaney Vineyards is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.

Privacy Policy

Personal Information collected from you through use of the Site is subject to Delaney Vineyards’ Privacy Policy. For more information, see Delaney Vineyards’ Privacy Policy.

Linking to Third Party Sites from the Site

The Site may contain links to other websites or resources (“Linked Sites”). Hyperlinks to other Internet resources are provided for your convenience. You acknowledge and agree that Delaney Vineyards is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use or reliance on such Linked Sites. You access, use, and rely upon such Linked Sites at your own risk.

Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT NEITHER DELANEY VINEYARDS, NOR ANY THIRD-PARTY CONTENT PROVIDERS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE SITE WILL BE CORRECTED; THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS ON THE SITE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SITE OR AS TO ANY INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET IN ANY WAY. IN ADDITION, DELANEY VINEYARDS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT DELANEY VINEYARDS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU AGREE THAT DELANEY VINEYARDS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DELANEY VINEYARDS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL DELANEY VINEYARDS, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS, CONSULTANTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF DELANEY VINEYARDS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify and hold Delaney Vineyards and its affiliates, related companies, directors, officers, employees, shareholders, successors or heirs (the “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

General

These Terms of Use are governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S. in all disputes arising out of or relating to the use the Site.

Notwithstanding the foregoing, the Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Delaney Vineyards intends to make such products or services available in such countries. Any offer for any product, feature, service made on the Site is void where prohibited. Your information will be transferred to Delaney Vineyards, located in the State of Texas within the United States, which location may be outside of your own country, and by providing Delaney Vineyards with your information, you are consenting to such transfer. Although Delaney Vineyards will use all reasonable efforts to safeguard the confidentiality of any personal information collected, Delaney Vineyards will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Modifications

We may, at any time, revise or modify these Terms or impose new conditions for use of the Delaney Vineyard site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Delaney Vineyards site. Any use of a Delaney Vineyards site by you after such notice shall be deemed to constitute acceptance of such changes.

These Terms of Use were last modified on August 8, 2018.

© 2018 Delaney Vineyards, LLC All Rights Reserved.

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