Policies & Terms
PRIVACY POLICY
Last Updated: June 15, 2018
We respect your privacy and are committed to the protection of your Personal Information and any other data that you choose to provide to us through our website. This Privacy Policy describes the Personal Information that we may collect from you, or that you may provide to us when you visit the site, and our practices for collecting, using, maintaining, protecting, and disclosing such information.
Please note that this Privacy Policy applies only to information we collect through the site and through communications between you and the site. It does not apply to any other information or communications that may reference Aubert Wines.
Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Information (that is, information relating to an identified or identifiable natural person) and how we will treat it. If you do not agree with our policies and practices, do not use our site. By accessing or using this site, you agree to this Privacy Policy. We reserve the right to update or modify this Policy, so please be sure to review it from time to time. We will provide notice of changes, such as by posting a notice on the site or updating the “Last Updated” date at the beginning of this Policy. Your continued use of this site after we make changes is deemed to be acceptance of those changes.
Personal Information We Collect:
We do not collect Personal Information about you unless you choose to provide us with such information. If you register for our Emails (as defined below), sign up for our waiting list, or register as a member, we may collect Personal Information about you such as your name, date of birth, email address, phone number, and mailing address. Similarly, if you place an order, you will be asked to provide us with your name, date of birth, email address, telephone number, delivery address, billing address and credit card number and expiration date.
If you would prefer that we not collect Personal Information from you, please do not provide it. When you submit your Personal Information on our site, you are giving your consent to the collection, use, and disclosure of your Personal Information as set forth in this Privacy Policy.
We may also receive your Personal Information from various third parties that we engage to assist us with providing you products or services, including: delivery and address information from our carriers who deliver products to you; data analytics information from companies that provide us with data analytics services; and information on your account, payment and credit history, including information from credit bureaus and sources that we use to process payments. These third parties do not retain, share, store, or use your Personal Information for any secondary purposes.
How We Use the Personal Information We Collect:
We use your Personal Information for the following purposes: to review and respond to your questions; to fulfill your orders and process your payment information; to communicate with you about your orders or to update our records and maintain any online account you may have with us; to improve the products and services we provide and enable third parties to carry out technical, logistical or other functions on our behalf; to administer, safeguard, and improve our website; to protect our rights and the safety of others; and/or to comply with applicable law, court order, subpoena, or legal process served on us.
If you are an existing customer, have consented to receiving marketing communications, or have signed up for our waiting list, we may also use the information that you provide to us in order to create and deliver to you emails containing information about our products and/or services that we believe may be of interest to you (“Emails”). If you prefer not to receive our Emails, please do not register to receive them. If you do register and later decide that you would no longer like to receive these Emails, you may unsubscribe from our emails or communications at any time (see the “How You can Access and Control Your Information” Section below). Our Emails are administered through Campaign Monitor. As a result, your Personal Information, including your name and email address, will be disclosed to Campaign Monitor and will be used by Campaign Monitor pursuant to its privacy policy available at https://www.campaignmonitor.com/policies/#privacy-policy (the “Campaign Monitor Privacy Policy”). For questions, corrections, updates, deletions, or changes to any Personal Information held by Campaign Monitor, please refer to the Campaign Monitor Privacy Policy.
We may use third-party services to process purchases made through the site. Currently, our payment processors are Stripe and Figure. Your Personal Information may be disclosed to Stripe and used by Stripe pursuant to its privacy policy available at https://stripe.com/us/privacy/ (the “Stripe Privacy Policy”). Your Personal Information may also be disclosed to Figure and used by Figure pursuant to its privacy policy available at https://intercom.help/figureapp/administrative-terms-of-service-privacy-and-pricing/ (the “Figure Privacy Policy”). For more information on how payments are handled, or to understand the data security and privacy afforded to your payment information, please refer to the Stripe Privacy Policy and the Figure Privacy Policy.
Legal Bases under GDPR:
If you are in the European Economic Area (“EEA”), we will collect and use your Personal Information only if we have one or more legal bases for doing so under the General Data Protection Regulation (“GDPR”). For the purposes of the remainder of this section, references to “you” refer to users of our site located within the EEA or other non-U.S. territories.
Our legal bases for the collection and use of your Personal Information depend on your interaction with us and our site. This means we collect and use your Personal Information only where: you have given your consent for one or more specific purposes; it is necessary to perform a contract we are about to enter into or have entered into with you; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation. We have indicated in italics the legal basis or bases on which we are relying following each purpose (see below). Where we are relying on consent as the legal basis, we will notify you and seek additional consent before using your Personal Information for a new purpose that is inconsistent with the original purpose for which we collected it. You can withdraw your consent at any time and we will then stop processing your information for that purpose.
We may use your Personal Information: to review and respond to your questions (with your consent); to fulfill your orders and process your payment information (perform a contract); to communicate with you about your orders or to update our records and maintain any online account you may have with us (perform a contract/with your consent); to improve the products and services we provide and enable third parties to carry out technical, logistical or other functions on our behalf (for our legitimate interests); to administer, safeguard, and improve the site (for our legitimate interests); to protect our rights and the safety of others (for our legitimate interests); and/or to comply with applicable law, court order, subpoena, or legal process served on us (to comply with legal obligations).
How We Collect and Use Non-Personal Information:
We may collect non-personal information, or data in a form that does not, on its own, permit direct association with any individual. For example, we may use automatic data collection technologies to collect and store details of how you use our site. This “usage data” is limited to information related to your interactions with our site. The technologies we use for usage data collection include:
Cookies
Cookies may be issued when you visit our site. We may place a cookie on your computer or device so we can recognize you as a return user and personalize your experience and your use of our site. We also use cookies to help us understand how you engage with our site. You can accept or reject cookies by adjusting your web browser controls. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see www.allaboutcookies.org.
Third-Party Services
We use third-party analytics services, including Google Analytics, FullStory, and others, to collect information about your use of our site and enable us to improve our site. We use the information we receive from third-party analytics services to maintain and improve the site and our products and services. Google Analytics, FullStory and other third-party analytics services use cookies and similar technologies to collect information about use of our site and to report trends to us, without identifying individuals.
Google’s ability to use and share information collected by Google Analytics about your access and use of the site is restricted by the Google Analytics Terms of Website, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
FullStory’s use of information collected through its analytics tools is set forth in the FullStory privacy policy available at https://www.fullstory.com/legal/privacy. You may also opt-out of FullStory by following the instructions in FullStory’s privacy policy. To opt out, please visit the FullStory Opt-Out Page, available at: https://www.fullstory.com/optout.
Click-through URLs
If you “opt in” to receive emails from us, our emails may use a “click-through URL” linked to content on our site. When you click one of these URLs, they pass through a separate web server before arriving at the destination page on our site. We use this click-through data to help us understand how recipients respond to our emails. If you prefer not to be tracked in this way, please do not click text or graphic links in emails that you receive from us.
Log Files
We gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, and internet service provider (ISP). We use this information, which is not linked to Personal Information, to analyze trends, to administer our site and to track users’ movements around our site.
Web Beacons
Pages of our site and our Emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or opened an Email and for other related website statistics, for example.
Please be aware that we do not currently honor “do not track” requests.
Disclosure of Information We Collect:
We do not rent or sell your Personal Information to anyone. We may share and disclose information (including Personal Information) that we collect or you provide us in the following limited circumstances:
Agents and Service Providers
We may share your information with third party agents and service providers who we employ to perform tasks on our behalf and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. These companies include, for example, our data analytics services (e.g., Google Analytics, FullStory), payment processor/e-commerce platform (e.g., Figure, Stripe), email service provider (e.g., Campaign Monitor)], and shipping services (e.g., Wineshipping, FedEx, UPS, All Ways Cool, 55 Degrees, Vinfolio, Aero Packing).
Protection of Aubert Wines and Others
We reserve the right to access, read, preserve, and disclose any information as necessary to enforce or apply our agreements, including for billing and collection purposes, or protect our rights or property, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our employees, grantees, donors, or others.
Disclosures for National Security or Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements, or to comply with any court order, law, or legal process.
Storage and Transfer of Information We Collect:
The information we collect or you provide us may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction where data protection laws may be different from those of your jurisdiction. By providing information on our site, you hereby expressly consent to such a transfer for the purposes described herein.
For users of our site located within the EEA or other non-U.S. territories, please note that if we receive your Personal Information in the United States and subsequently transfer that information to a third party agent or service provider for processing, we remain responsible for ensuring that such third party agent or service provider processes your Personal Information in accordance with the standard required by the GDPR.
How You can Access and Control Your Information:
You may access the Personal Information you have submitted to us, delete or make changes to such information, and unsubscribe from receiving future Emails from us at any time by contacting us at: wine@aubertwines.com. You may also unsubscribe from receiving future Emails from us by clicking on the “Unsubscribe” link found at the bottom of each of our Emails.
To the extent provided by applicable laws (including the GDPR), you may have the right to review the Personal Information we hold about you, as well as details on how we process your Personal Information. You may also have a right under the GDPR to have your Personal Information corrected or erased, to restrict our processing of your Personal Information, to stop unauthorized transfers of your Personal Information and, in some circumstances, to have your Personal Information transferred to another organization designated by you. You have the right to lodge a complaint in relation to our processing of your Personal Information with your local supervisory authority. If you do not request to have your Personal Information erased, it may be maintained by us indefinitely.
If you object to the processing of your Personal Information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. You may review your consent status within your Profile.
Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above. Please note that even after you have chosen to withdraw your consent, we may continue to process your Personal Information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.
To exercise any of these rights that you are not able to exercise directly, please contact us at: wine@aubertwines.com.
Links to Other Sites:
The site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this site. We assume no responsibility or liability for the actions of third parties with respect to their use of your information. Accordingly, we encourage you to read the privacy policies of other websites you link to from this site or that you otherwise visit.
Your California Privacy Rights:
Under California Civil Code sections 1798.83 – 1798.84, California residents may request from us certain information with respect to the types of information that we share with third parties for direct marketing purposes by such third parties, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. To request a copy of this information, please contact us at: wine@aubertwines.com.
Information Collected on This Site:
When you visit our site, our statistics package from Google collects some basic information about your browser. Examples include what type of browser and operating system you are using, how long you remained on our site, and what pages you looked at while here. This helps us understand how visitors browse our site, so that we can make their shopping experience better. We also collect personal information about you at various points, including your name and email address (and other information) from the mailing list sign-up form, and additional personal and financial information from the order forms that you complete during a purchase.
Protecting Your Information:
Any data that we store about you is kept behind a secure firewall in our database and is not accessible to the public in any way. Any sensitive information (such as credit card number and/or social security number) that we collect from you is encrypted with SSL, a standard internet security measure. We do everything in our power to protect user data offline as well by restricting access to information to only those employees who need the information to perform a specific job. All employees are kept up to date on our security and privacy practices and are aware of the importance of keeping customer data secure and safe at all times. We will not sell, share, or rent this information to others, except as otherwise disclosed in this Privacy Policy.
ACCESS RESTRICTED TO PEOPLE OF LEGAL DRINKING AGE:
OUR SITE IS INTENDED ONLY FOR PERSONS OF LEGAL DRINKING AGE BASED ON THE JURISDICTION WHERE SUCH CONTENT IS BEING ACCESSED OR VIEWED. WE DO NOT KNOWINGLY COLLECT INFORMATION FROM THOSE UNDER THE LEGAL DRINKING AGE AND REQUEST THAT SUCH INDIVIDUALS DO NOT PROVIDE ANY INFORMATION TO US OR ACCESS OUR SITE. IF YOU ARE UNDER THE LEGAL DRINKING AGE IN YOUR JURISDICTION, YOU MUST IMMEDIATELY LEAVE THE SITE. IF YOU BELIEVE SOMEONE UNDER THE LEGAL DRINKING AGE HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND SUCH INFORMATION WILL BE REMOVED.
How to Contact us:
Should you have any questions relating to this Privacy Policy, any of the Personal Information that we have collected from you, your rights to have your Personal Information updated, transferred to a third party, or erased, or our third-party disclosure practices or if you would like lodge a complaint with the applicable data protection authority or review, update, restrict, change, or delete Personal Information that we have collected from you, please send an email to: wine@aubertwines.com.
TERMS & CONDITIONS
Last Updated: June 15, 2018
We provide the content and services available to you on our website subject to the following Terms and Conditions (the “Terms”). If you do not agree with any of these Terms, do not access or otherwise use this website or any information or materials contained on the site. Your use of this site constitutes your agreement to abide by each of the Terms set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.
Note that the “Governing Law, Venue and Arbitration” Section of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
We reserve the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the site and cease all use of the site. By continuing to access or use the site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
Registration
Certain parts or features of the site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the site. You agree that you will not provide any false personal information to the site, or create an account for anyone other than yourself without permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark owner complains about a username). If you register with the site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another account on our site without our express permission.
Changes to the Site
We may update the content on the site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
Privacy Policy
Your use of the site is subject to our Privacy Policy, which is incorporated herein by reference and applies to our collection, use, disclosure and other processing of your personal information.
Returns Policy
We strive to provide our customers with the highest quality products and service. Your satisfaction is our top priority. If you are dissatisfied with your order, please contact us as soon as possible for assistance.
All wines sold are maintained at optimum conditions. We cannot be responsible for improper storage after it has been delivered. We also cannot accept returns for the following: wines that do not coincide with personal tastes, wines that have been adversely affected by customer storage, and wines that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in your care.
If a wine shipment was damaged or flawed in transit we will reship your order if production quantities allow. If we are unable to replace the shipment, you will receive a full refund, including shipping and handling charges.
Corked Bottle Policy
We procure the highest quality corks available. If you believe a wine is corked, please contact us immediately. We will request that the cork be mailed, so it may be analyzed for flaws. If analysis concludes that the cork is flawed and the bottle was purchased directly from the winery, we will issue a refund check for the release price of the bottle at the time of sale. Unfortunately, due to the limited production of our wines we cannot replace the bottle.
Sale of Alcoholic Beverages
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21, and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
We make every effort to ensure that our product database is accurate. Occasionally, however, our listed prices, bottle sizes or quantities may be incorrect. We shall be held harmless in the event of such mistakes.
Disclaimer of Warranties
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR SITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON OUR SITE. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE, OR THE OPERATION OR FUNCTION OF OUR SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF OUR SITE. OUR SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE MEET YOUR SPECIFIC REQUIREMENTS.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
Intellectual Property Rights
The site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned by us, and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
License to Access and Use Our Site and Content
Unless otherwise indicated in writing by us, the site and all content and other materials contained within the site, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or the proprietary property of our licensors, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the site or Content, except as expressly permitted by us, or (f) use the site or Content other than for their intended purposes. Any use of the site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary right, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the site and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
Repeat Infringer Policy; Copyright Complaints
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from the site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at:
wine@aubertwines.com.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.
Trademarks
“Aubert Wines,” and any other Aubert Wines service names, logos or slogans that may appear on the site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Aubert Wines” or any other name, trademark or service name of Aubert Wines without our prior written permission. The use or misuse of these trademarks or any content on the site except as provided in these Terms is strictly prohibited. The use of any trademark, service mark, trade name or logo design is prohibited without specific written prior permission from us. All other trademarks not owned by us that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.
Third Party Content
We may display content, advertisements and promotions from third parties through the site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.
- User Conduct
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the site or the method by which we provide our services to our users, including:
• Posting or transmitting through the site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;
• Using the site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the site or that could damage, disable, overburden or impair the functioning of the site in any manner;
• Reverse engineering any aspect of the site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the site;
• Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the site that you are not authorized to access;
• Developing any third party applications that interact with user content or the site without our prior written consent;
• Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the site, extracting data or otherwise interfering with or modifying the rendering of website pages or functionality; or
• Using the site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.
Indemnification
By using the site, you agree to defend, indemnify and hold harmless Aubert Wines, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the site, including, but not limited to, any use of our Content, information and services other than as expressly authorized in these Terms.
Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUBERT WINES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AUBERT WINES, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, 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 AUBERT WINE’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
Governing Law, Venue and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AUBERT WINES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All matters relating to the site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Aubert Wines agree to submit to the personal and exclusive jurisdiction of the state courts located within Napa County, California and federal courts located within San Francisco, California for the purpose of litigating all such disputes.
ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND AUBERT WINES AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND AUBERT WINES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages.
If you elect to seek arbitration or file a small claims court action, you must first send to Aubert Wines, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: Aubert Wines, 333 Silverado Trail, Calistoga, CA 94515. A Notice, whether sent by you or Aubert Wines, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated. If Aubert Wines and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Aubert Wines may commence an arbitration proceeding or, if applicable, file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
YOU AND AUBERT WINES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aubert Wines agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your individual capacity or that of Aubert Wines, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable. If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to the “Termination” Section below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the site, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Survival
The following sections will survive the expiration or termination of these Terms: all defined terms and the “Repeat Infringer Policy; Copyright Complaints” Section, “Trademarks” Section, “Third Party Content” Section “User Conduct” Section, “Indemnification” Section, “Limitation of Liability; Release” Section, “Governing Law, Venue and Arbitration” Section, “Termination” Section, “Severability” Section and this “Survival” Section.
Miscellaneous
These Terms, along with our Privacy Policy, constitute the entire agreement relating to your access to and use of the site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights and privileges under these Terms (including any information provided by you to us), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Your Comments and Concerns
All other feedback, comments, and other communications relating to our site should be directed to:
wine@aubertwines.com.
