Saint Helena Winery Website Terms & Conditions

Winery contact information: 100 Pratt Avenue, St. Helena, CA 94574 Tel: 707.967.9463

Introduction
This document outlines the terms and conditions that govern your use of the information, materials, resources, and links found at sthelenawinery.com (the “Website”) and provides additional information regarding the Saint Helena Winery (“We,” “Our”). Your use of this Website is conditioned upon acceptance of these Terms of Use. If you do not agree to the terms below, please do not use this Website or send e-mail to anyone at sthelenawinery.com. You agree to regularly review these terms and conditions and agree that continued use of this Website following any changes will constitute acceptance of such changes. St. Helena Winery reserves the right, in its sole discretion, to modify without prior notice: 1) this Website, including the content and design of this Website; 2) the services provided on this Website; and 3) the Terms of Use. Your continued use of this Website is acceptance of any changes to the Terms of Use.

Wine Orders
You must be 21 years of age or older, to order, purchase or receive alcoholic beverages from Saint Helena Winery. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from St. Helena Winery are not for resale, and are for personal consumption only.

Orders are by credit card only. Saint Helena Winery accepts Visa, MasterCard, and American Express.

Due to the ever-changing nature of wine shipping laws, it is possible that we may not be able to ship wines, either directly or indirectly, to a particular state. Please check with us to determine whether we are able to ship wine to your address.

Saint Helena Winery offers a variety of shipping methods and our customers have the choice and responsibility of selecting  the type of shipping they deem most appropriate.  Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Saint Helena Winery does not recommend shipment of wine during periods of extreme temperature, either hot or cold. Saint Helena Winery 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.

Use of Website
Saint Helena Winery owns and operates this Website and the materials located at this domain name (sthelenawinery.com). This Website is directed to persons and entities conducting business in the United States. It is not directed at any person or entity for whom our products are unavailable or are otherwise contrary to laws or regulations, whether due to nationality, citizenship, residence, location, or otherwise. We do not warrant or represent that the content or materials contained in this Website are available or appropriate outside of the United States. You may not use this Website to conduct illegal activity, including defamatory, libelous, malicious, or harassing behavior, nor may you use this Website to infringe upon another’s intellectual property rights. You agree that any information you provide will be accurate and truthful. Except as otherwise provided, you may view, use, download, or print small portions of the content of the Website for your informational, non-commercial use, provided you leave all copyright notices intact. You may not store, modify, reproduce, transmit, reverse engineer, or distribute significant portions of the content of this Website, or the design or layout thereof, except as otherwise provided. This Website provides general information about Saint Helena Winery’s products. The materials and information may not comprise a complete description of the terms and conditions of a particular product. If you have any questions regarding the use of this Website, please contact us at (707) 967-9463 or by email at info@sthelenawinery.com.

Privacy Policy
Saint Helena Winery’s Online Privacy Policy may be viewed online. Saint Helena Winery is committed to abiding by all laws regarding privacy and consumers’ privacy interests. Changes to St. Helena Winery’s Online Privacy Policy may be made at any time as provided above.

E-mail
You should consider that e-mail submissions over the Internet may not be secure and are subject to possible interception by third parties. You are not authorized to submit or transmit e-mails through the Website that: 1) are numerous, unsolicited, or commercial; 2) are defamatory, threatening, obscene, or harassing; 3) contain a virus, worm, Trojan horse, or other harmful component; 4) incorporate copyrighted or other proprietary material for which you do not have permission; or 5) violate other applicable laws.

Information You Submit
We use the information you submit to Saint Helena Winery by e-mail, through our Website, and other pages we may add periodically, to respond to your inquiries for information and products. Our use of this information is subject to our Online Privacy Policy. However, Saint Helena Winery reserves the right to disclose information it determines, in its sole discretion, to be necessary to satisfy any law, regulation, or governmental request, or to avoid liability for Saint Helena Winery or any third party. You agree to provide current, true, and accurate information in connection with your use of this Website. You agree that you will not use a false or misleading name, or any name for which you are not authorized. This Website may use “cookies” to store some personal preferences for your future use of our Website as well as collect anonymous traffic data. Among other functions, cookies may be used to identify whether you have visited the Website before. The use of cookies may also allow the Website to recognize you more quickly and provide you quicker access to the information you need.

Copyrights/Trademarks
All logos and graphics using the St. Helena Winery name are the intellectual property of Saint Helena Winery. St. Helena Winery’s logo may not be used without express written permission. Except as otherwise noted, all materials on this Website, including text, graphics, design, layout, audio, and video are the property of Saint Helena Winery or are used with permission of third party licensors and are protected by copyright or other intellectual property laws. Except as provided above in Section 2, you may not use, reproduce, transmit, or distribute any of the information or material on any other site, in the metatags of any other site, or in any other material. You are not permitted to modify, create derivative works, distribute, or otherwise use any material within this Website, except as provided herein.

Disclaimer of Warranties
This Website and its content, including all materials and information, are provided to you “as is” without any warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, accuracy, systems integration, non-infringement, and fitness for a particular purpose. St. Helena Winery makes no warranty as to the accuracy, completeness, currency, or reliability of the content of this Website. Saint Helena Winery will not be liable for delay in updating the Website. We do not warrant that the Website will operate error-free or uninterrupted. Any risk arising from the use or performance of the services, information, materials, software, or other items remains entirely with you, and St. Helena Winery shall not be liable for any damages arising from your use of the Website.

Governing Law and Severability Provisions
This Website is governed by the laws of the State of California without giving effect to any principles of conflict of laws, and any legal action must be filed in the State of California. If any provision of this agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain intact and enforceable. These Terms of Use apply to your use of this Website and do not change or alter any other contract or agreement you may have with Saint Helena Winery.

Termination
Saint Helena Winery reserves the right to terminate the right of any user to access the Website at any time, with or without cause, and without notice.

Changes to this Document
The content of this Website and these Terms of Use or other policies that govern the use of this Website are subject to change without notice. You should review these Terms periodically for changes. If you use the Website after we post changes to the Terms, you agree to the changed Terms.

Limit of Liability
To the extent permitted by law, Saint Helena Winery disclaims liability, whether based in contract, tort, negligence, strict liability, or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive, or exemplary damages) in any way arising out of functionality or use of this Website or its services, or any other link we provide to another site even if Saint Helena Winery is expressly advised of the possibility of such damages. We will not be liable for any delay, difficulty in use, incompleteness of information, computer viruses, malicious code, loss of data, or compatibility issues that you may encounter while using this Website. You use this Website at your own risk. You assume full responsibility for using this Website, which is provided without warranty of any kind, express or implied. In the event the foregoing or any portion thereof is deemed unenforceable, Saint Helena Winery’s aggregate liability for any cause of action arising out of or related to the use of the Website shall be limited to direct damages actually incurred up to a maximum amount of $300.00. Since some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity
You agree to indemnify, defend, and hold Saint Helena Winery harmless, and at our request, to defend us from and against all claims, demands, causes of action based upon or arising out of: 1) your use of the Website; 2) your violation of the terms and conditions of this Terms of Use; 3) your infringement of the intellectual property rights of any person or entity; and 4) your use of third party websites that may be linked to the Saint Helena Winery Website.

Additional Information about St. Helena Winery
Saint Helena Winery may conduct business in most states of the United States of America. Its home office is located at 100 Pratt Ave, St Helena, California 94574-1029 . Not all products are available in all states. You may not be eligible to purchase any or all products, and Saint Helena Winery reserves the right to determine your eligibility as permitted by law. Some products may be subject to specific terms and conditions. See the relevant portions of this Website for further information on specific products. The Saint Helena Winery is domiciled in the State of California.

Security
Some portions of this Website may be restricted from access. Unauthorized use of restricted areas is prohibited. Actual or attempted unauthorized use of or access to restricted areas may result in criminal and/or civil prosecution. All access to this Website may be viewed, monitored, and recorded. This information may be used in the investigation of unlawful behavior using this Website and you release Saint Helena Winery from all liability related to its monitoring activities of this Website. If you do not consent to this monitoring, you should not attempt to access this Website.

No Waiver
No failure to exercise and no delay in exercising, by Saint Helena Winery, any right, power or privilege hereunder shall operate as a waiver, except as expressly provided herein. Any waiver by Saint Helena Winery of a breach of any provision of these Terms of Use shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms of Use unless and until agreed to in writing by Saint Helena Winery.

Last changed: May 12, 2011