Trio Vintners

americanwinery Collective WineStore Terms of Service

THE AMERICANWINERY COLLECTIVE WINESTORE ("AMWINERY.COM") PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS OF SERVICE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.

YOUR USE OF THIS SITE IMPLICATES THAT (A) YOU ARE 21 YEARS OF AGE AND (B) THAT YOUR USE OF THIS SITE COMPLIES WITH ALL LOCAL AND FEDERAL LAWS REGARDING ALCOHOL.

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with amwinery.com or its affiliates for products, services or otherwise. amwinery.com reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.

Privacy Policy

Please refer to amwinery.com's Privacy Policy for information on how amwinery.com collects, uses and discloses personally identifiable information from its users.

Pricing Terms and Conditions

amwinery.com is not a booking agent or a travel agency, and does not charge service fees to users of the Site. Please refer to amwinery.com's Pricing Terms and Conditions, accessible via the home page of the Site, for terms, conditions and policies regarding pricing information that may be shown on the Site. The Pricing Terms and Conditions are, by this reference, incorporated into these Site Terms.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the amwinery.com logo and all designs, text, graphics, pictures, information, data, software, video, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of amwinery.com or its licensors or users and are protected by U.S. and international copyright laws. The Site and all Site Content is © 2006-2012 amwinery.com, LLC All Rights Reserved.

Trademarks

amwinery.com, the wine bottle logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of amwinery.com, LLC and/or its suppliers, partners, contributors, authors, or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of amwinery.com or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of amwinery.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of amwinery.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by amwinery.com.

Limited License

amwinery.com grants you a limited, nonsublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked "© 2006-2012, amwinery.com, LLC All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of amwinery.com is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify amwinery.com against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

To request permission for uses of Site Content not included in the foregoing license, you may contact amwinery.com as follows:
Permissions
P.O. Box 1057
Walla Walla, WA, 99362
info@amwinery.com

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray amwinery.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use amwinery.com logo or other proprietary graphic of amwinery.com to link to the Site without the express written permission of amwinery.com. Further, you may not use, frame or utilize framing techniques to enclose any amwinery.com trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without amwinery.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of amwinery.com or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of amwinery.com or any third party without the prior written permission of amwinery.com or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. amwinery.com does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. amwinery.com provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply amwinery.com's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. amwinery.com accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Use of Review, Rate and Other Interactive Areas

The Site may contain discussion forums, information bulletins, consumer rating platforms, review services or other forums in which you or third parties may post ratings, reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If amwinery.com provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

Content that, in the sole judgment of amwinery.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose amwinery.com or its affiliates or its users to any harm or liability of any type.

amwinery.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is amwinery.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, amwinery.com is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although amwinery.com has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, amwinery.com reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect amwinery.com's systems and customers, or to ensure the integrity and operation of amwinery.com's business and systems, amwinery.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. amwinery.com's right to disclose any such information shall govern over any terms of amwinery.com's Privacy Policy.

Adverse Weather Shipping Policy – Customer

AmericanWinery.com and our partner wineries are dedicated to providing you with an exceptional shopping and purchasing experience, and our partner wineries make concerted efforts to ensure the integrity of your wine from the winery’s estate or shipping facility to your door. Because extreme temperatures may compromise the integrity of wine, our partner wineries may elect to place a “weather hold” on any ground shipments during the summer and winter months. Our partner wineries reside in various locations throughout the United States, so it is possible for part of your order to be placed on hold while other parts of your order are fulfilled. Even if temperatures where you reside are cool, our winery clients must also consider the route ground shipments may travel and the temperatures along the way.

If a winery chooses to place a weather hold on your order, it could take upwards of 90 days for your wine to ship. We recommend upgrading to Expedited Shipping if you would like to receive your purchase in the most timely manner.

Expedited Shipping Prices

$4 for every additional bottle after 12 bottles from same winery.

In most cases, the Expedited Shipping Fee covers 2-day air or Overnight Delivery of your shipment, depending on the winery’s preference with respect to weather and travel distance. Depending on the date and time your order is placed, Expedited Shipments may take up to 7 business days to ship.

If any portion of your order is placed on Weather Hold, you will be notified promptly of the hold via email. A winery may take upwards of 90 days to fulfill orders placed on Weather Hold. You will receive an email with tracking information as soon as the winery is comfortable resuming wine shipments. By placing an order on Weather Hold, the winery is committing that product to you and your credit card will be charged for the wines being placed on Weather Hold. Due to the high demand for many wine products, it is not possible to cancel any order that has been placed on Weather Hold.

If you choose to override a Weather Hold, AmericanWinery.com, its partner wineries and associated couriers are not responsible for any damage to your wine due to extreme temperatures, and will not replace damaged items at our expense.

You can monitor the progress of your order at any time by logging in to your Members Area and clicking the order number. If you have any questions about our shipping policy, click here to visit our Customer Care. You can also email your questions to info@amwinery.com or talk to a real person by dialing 888-ENOLOGY.

Rights to User Content

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant amwinery.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant amwinery.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant amwinery.com the right to pursue at law any person or entity that violates your or amwinery.com's rights in the Content by a breach of these Site Terms.

Content submitted by users will be considered non-confidential and amwinery.com is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, amwinery.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. amwinery.com is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to amwinery.com. amwinery.com shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by amwinery.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release amwinery.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against amwinery.com by virtue of any such moral rights.

Advertisements and Promotions

amwinery.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than amwinery.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. amwinery.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Copyright Complaints

If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Content

Full Address of Designated Agent to Whom Notification Should be Sent: Director of Content, amwinery.com LLC, P.O. Box 1057, Walla Walla, WA, 99362.

Telephone Number of Designated Agent: 888-366-5649

Facsimile Number of Designated Agent: 888-261-7487

Email Address of Designated Agent: info@amwinery.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, amwinery.com has adopted a policy of terminating, in appropriate circumstances and at amwinery.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. amwinery.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data; Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to amwinery.com, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to amwinery.com.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST AMWINERY.COM, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT AMWINERY.COM HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER AMWINERY.COM NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM AMWINERY.COM OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, 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 AMWINERY.COM'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMWINERY.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AMWINERY.COM FOR ACCESS TO OR USE OF THE SITE.

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

Applicable Law and Venue

The Site (excluding Third-Party Sites) is controlled by amwinery.com, LLC and operated by amwinery.com, LLC from its offices in and around Walla Walla, WA. While amwinery.com has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and amwinery.com both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and amwinery.com explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of Washington State, without regard to its conflicts of law principles. You agree that all claims you may have against amwinery.com, LLC arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Walla Walla, WA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Site Terms, amwinery.com reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by using our contact link.