Terms & Privacy



TERMS OF USE AND LEGAL RESTRICTIONS
JOSEPH PHELPS VINEYARDS – Web Site

TERMS OF USE AND LEGAL RESTRICTIONS ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE (THIS “SITE”). BY VISITING AND USING THIS SITE, YOU INDICATE THAT YOU ARE 21 YEARS OF AGE AND THAT YOU ACCEPT THESE TERMS. IF YOU ARE NOT 21 YEARS OF AGE OR DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS SITE.

Use of Site. JOSEPH PHELPS VINEYARDS ("JPV") authorizes you to view the materials at this Site only for your personal, non-commercial use. This Site contains material that is owned by or licensed to JPV including but not limited to, JPV trademarks and trade dress, as well as the design, layout, look, appearance, photographs, and graphics of the Site (“Site Material”). All Site Material is protected by applicable intellectual property laws of the United States and California and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may not modify the Site Material in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, except the Site Material made available by JPV for download by members of the media on the “Trade” page of the Site. For purposes of these Terms, any use of the Site Material on any other Web site or networked computer environment for any purpose is prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

User Submissions. Other than personally identifiable information, which is covered under the JPV Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). JPV will have no obligations with respect to the Communications. By using this Site, you grant JPV and its designees the right to use the Communications without any compensation to you. JPV and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Site any unlawful, false, misleading, threatening, libelous, defamatory, obscene, pornographic, or derogatory material. By using this Site you agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. JPV reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Links To Other Web Sites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. JPV has not reviewed all of these third party sites and does not control them and is not responsible for any of these sites, their content, or security. Thus, JPV does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer. THE MATERIALS, PRODUCTS, AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. JPV further does not warrant the accuracy and completeness of the materials or services at this Site. JPV may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date or contain errors or inaccuracies, and JPV makes no commitment to update the materials and services at this Site. JPV expressly disclaims liability for any such errors or inaccuracies to the fullest extent permitted by law. Information published at this Site may refer to products, programs or services that are not available in your state or country.

Limitation of Liability. IN NO EVENT WILL JPV, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Procedure for Making Claims of Copyright Infringement.

Designated Agent to Receive Notification of Claimed Infringement:

JPV Legal Department

Full Address of Designated Agent to which Notification should be sent:
Joseph Phelps Vineyards, 200 Taplin Road, P.O. Box 1031, St. Helena, California 94574

To contact Designated Agent: click here
Any notifications of claimed copyright infringement must be sent to the Designated Agent.

Applicable Laws. This Site is administered by JPV from its offices in St. Helena, CA. JPV makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You agree to submit to jurisdiction of the courts located in Napa County, California, for the resolution of all disputes arising from or related to these Terms and/or your use of this Site.

General. JPV may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because your continued use of the Site following any such changes shall be deemed to indicate your acceptance of any modifications of these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of JPV, with all other provisions remaining in full force and effect. The failure of JPV to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JPV in writing. These Terms, along with the Privacy Statement, comprise the entire agreement between you and JPV supersede all prior or contemporaneous agreements, if any, between the parties regarding the subject matter contained herein. These Terms are personal to you and may not be assigned without JPV’s express written consent. These Terms will inure to the benefit of JPV, its successors and assigns. The paragraph headings in these Terms are included to help make the agreement easier to read and have no binding effect. Drink Responsibly. JPV does not condone excessive or irresponsible alcohol consumption, or the consumption of alcohol by persons under the age of 21. JPV is committed to promoting the responsible advertising of our products.

Note: Anyone linking to the Site must comply with all applicable laws.

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