This Legal Notice applies to all proprietary material throughout this Internet site
(this "Site"). The Trade Information section of this Site is designed
to facilitate your ability to review and use certain creative assets of Page Wine
Cellars, or a related entity, in order to enhance your business. By using this Site
you agree, on behalf of yourself and your company, to the Terms and Conditions detailed
below and acknowledge that good and valuable consideration has been given to you
and your company by virtue of your access to the Site and your ability to use the
creative assets displayed on the Site. You also acknowledge that the restrictions
set forth below are fair, reasonable, and necessary in order to protect Page Wine
Cellars's intellectual property and certain other confidential information and proprietary
rights.
Privacy
Please review our
Privacy Policy, which also
governs your visit to this Site, to understand our practices.
Intellectual Property
Unless otherwise noted, all creative assets, including without limitation,
all product names, designs, logos, photographs, titles, text, images, audio or video
within this Site are the trademarks, service marks, trade names, copyrights or other
intellectual property of Page Wine Cellars. Nothing contained on this Site should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any creative assets displayed on the Site without the written permission
of Page Wine Cellars other than as specified in this Legal Notice (see terms below
regarding Use of this Site).
User (on behalf of itself and its company, as appropriate) agrees not to (i) do
or fail to do anything which might jeopardize Page Wine Cellars's ownership in or
rights to the intellectual property in the creative assets, or (ii) file for registration
or otherwise claim ownership rights in such intellectual property. User agrees that
all use of the creative assets inures to the exclusive benefit of Page Wine Cellars.
Page Wine Cellars also reserves the right to randomly audit use of any creative
asset.
Further, in consideration of User's access to and use of the creative assets, User
on behalf of itself and its company agrees to assign at Page Wine Cellars's request
any copyrights (or other intellectual property rights) which may arise in any work
product or derivative works resulting from use of the creative assets. User and
its company agree to make such assignment (and to sign any ancillary documentation
which Page Wine Cellars may request) without any obligation of payment or further
compensation.
Use of this Site (by Consumers and Third Parties)
Page Wine Cellars maintains this Site for your personal entertainment, information,
education, and communication. Please feel free to browse the Site. You may download
material displayed on the Site for non-commercial, personal use only, provided you
also retain all copyright and other proprietary notices contained on the materials.
You may not distribute, modify, transmit, reuse, re-post, or use the creative assets
or other content of this Site for public or commercial purposes, including the text,
photographs, images, audio and visual without Page Wine Cellars's written permission.
Changes periodically are made to the information contained in this Site. USE OF
AND ACCESS TO THIS SITE IS STRICTLY INTENDED FOR USERS IN THE UNITED STATES ONLY.
Users outside the U.S. are welcome to browse the Site but may not otherwise use
the Site or the creative assets or other content contained in the Site without the
written permission of Page Wine Cellars (see terms regarding United States Governing
Law).
Use of this Site (by Authorized U.S. Distributors and Licensed Retailers
Only)
The User may download the creative assets found in the Trade Information section
for use in promotional materials or presentations for marketing and promoting Page
Wine Cellars products within the U.S., subject to any approval by Page Wine Cellars
which may be required (see terms below regarding Page Wine Cellars Approval). User
agrees that any use of the creative assets found in the Trade Information section
will be for marketing and promoting Page Wine Cellars products strictly in accordance
with Page Wine Cellars's high standards of quality and any guidelines which Page
Wine Cellars may issue from time to time (including without limitation those detailed
here) and in conformance with industry standards and governmental requirements (see
terms regarding Required Mandatory Language). All other use is strictly prohibited.
Notwithstanding the above, the User agrees that it will not use the creative assets
in any manner which is derogatory, contrary to local standards of good taste, or
which could otherwise prejudice Page Wine Cellars or its rights in the creative
assets.
Page Wine Cellars Approval
The User understands that use of creative assets in certain promotional campaigns
(as described below) must be approved in writing by Page Wine Cellars well in advance
of launch.
SPECIFICALLY, Page Wine Cellars's APPROVAL IS REQUIRED IF ANY CREATIVE
ASSET IS TO BE USED IN THE FOLLOWING TYPES OF PROMOTIONAL CAMPAIGNS:
- ANY PROPOSED USE ON THE INTERNET (including without limitation linking to this Site)
- ANY PROPOSED OR ACTUAL CAMPAIGN WHICH WILL RUN (OR IS EXTENDED TO RUN) LONGER THAN
90 DAYS
- ANY CAMPAIGN WHICH MAY EXTEND OUTSIDE THE UNITED STATES
- ANY PROPOSED CAMPAIGN WHICH INVOLVES REBATES, PREMIUM SELF-LIQUIDATORS, SWEEPSTAKES,
CONTESTS OR OTHER SPECIAL CONSUMER PROMOTIONS
Compliance with Laws
The User agrees to comply with all applicable local, state and federal laws and regulations
in the United States and abroad, as appropriate. Where use outside the U.S. is contemplated
and advanced written permission is obtained from Page Wine Cellars for such use,
User is solely responsible for obtaining advice from reputable local counsel in
the country where such use will be made and to comply with the appropriate international
laws and regulations. The User shall be solely responsible for such compliance.
Required Mandatory Language
All advertising and promotional materials created for use in the United States
are required to disclose the responsible advertiser, with the exception of consumer
advertising specialties. Refer to the Trade Information section of the Site for
specific language and details.
No Warranties; Limitation of Liability
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Page Wine Cellars also assumes no responsibility, and shall not be liable for any
such damages to or viruses that may infect your computer equipment, software, data
or other property on account of your access to, use of, or browsing in the Site
or your downloading of any creative assets or other materials, text, images, video
or audio from the Site or any linked sites.
In no event shall Page Wine Cellars or any other party involved in creating, producing,
maintaining or delivering the Site or creative assets, or any of their affiliates,
or the officers, directors, employees, shareholders, or agents of each of them,
be liable for any damages of any kind, including without limitation any direct,
special, incidental, indirect, exemplary, punitive or consequential damages, whether
or not advised of the possibility of such damages, and on theory of liability whatsoever,
arising out of or in connection with the use or performance of, or your browsing
in, or your links to other sites from, this Site.
INDEMNITY
USER ON BEHALF OF ITSELF AND ITS COMPANY HEREBY AGREES TO BE SOLELY RESPONSIBLE
FOR, TO DEFEND AND INDEMNIFY Page Wine Cellars, ITS RELATED COMPANIES, OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES, AND TO HOLD THEM HARMLESS FROM ANY LAWSUITS, PROCEEDINGS,
CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, LOSSES, RECOVERIES, SETTLEMENT
AMOUNTS, LICENSE FEES, INTERESTS, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S
FEES, (COLLECTIVELY, "ACTIONS") ARISING OUT OF A BREACH OF THIS AGREEMENT
BY USER; PROVIDED THAT USER AND/OR USER'S COMPANY IS GIVEN REASONABLE NOTICE OF,
AND SHALL HAVE THE OPTION TO UNDERTAKE AND CONDUCT THE DEFENSE OF ANY SUCH ACTION.
IN ANY INSTANCE WHERE THOSE INDEMNITIES PERTAIN, (I) USER AND USER'S COMPANY SHALL
KEEP Page Wine Cellars FULLY APPRISED OF ALL DEVELOPMENTS IN SUCH ACTION AND SHALL
NOT ENTER INTO ANY SETTLEMENT OR ADMIT LIABILITY OR FAULT WITHOUT Page Wine Cellars'S
PRIOR WRITTEN APPROVAL; AND (II) AT THE REQUEST AND SOLE EXPENSE OF USER AND USER'S
COMPANY, Page Wine Cellars AGREES TO REASONABLY ASSIST AND COOPERATE WITH USER AND
USER'S COMPANY IN ANY SUCH ACTION. THIS PROVISION SHALL SURVIVE TERMINATION OF USER'S
RIGHTS TO ACCESS THIS WEBSITE.
Pricing
All prices are listed in U.S. dollars.
Shipping and Delivery
Page Wine Cellars ships to these states via FedEx ground: CA, NV CO IA, MN,
MO MI, NC, ND, NH AK, HI OR, WA OR, WA ID, NM NE, TX, WY NY, SC, WI. Shipments to
CT, DC, FL, IL & Other are sent via FedEx 2
nd Day Air Overnight. You must be of legal purchase age and
requesting shipment to a resident in a state where it is legal to receive shipments
of alcohol.
Deliveries can be made to a home or business location. Arrangements may also be
made to pick up your wine order at the winery.
PLEASE NOTE: Our wine shipment deliveries require a signature of someone
21 years of age or older.
Questions about your order? Call us direct at
707.255.4665
Returns: Please call us direct at
707.255.4665 if you experience a
problem with your wine shipments.
Unaffiliated Products and Sites
Descriptions of, or links or other references to, products, publications or sites
not owned by Page Wine Cellars or its affiliates do not imply endorsement of that
product, publication or site. Page Wine Cellars has not reviewed all material linked
to the Site and is not responsible for the content of any such material. Your linking
to any other sites is at your own risk.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise violate
the law or damage the reputation of Page Wine Cellars or its products. Page Wine
Cellars will fully cooperate with any law enforcement authorities or court order
requesting or directing Page Wine Cellars to disclose the identity of or help identify
anyone posting any such information or materials.
Any communication or material you transmit to the Site by email or otherwise, including
any data, questions, comments, suggestions, or the like is, and will be treated
as, nonconfidential and non-proprietary. Page Wine Cellars cannot prevent the "harvesting"
of information from this Site, and you may be contacted by Page Wine Cellars or
unrelated third parties, by email or otherwise, within or outside of this Site.
Anything you transmit may be edited by or on behalf of Page Wine Cellars, may or
may not be posted to this Site at the sole discretion of Page Wine Cellars and may
be used by Page Wine Cellars or its affiliates for any purpose, including, but not
limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, Page Wine Cellars is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
using such information.
Although Page Wine Cellars may from time to time monitor or review discussion, chats,
postings, transmissions, bulletin boards, and the like on the Site, Page Wine Cellars
is under no obligation to do so and assumes no responsibility or liability arising
from the content of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such locations on the Site. Page Wine Cellars assumes
no responsibility or liability for any actions or communications by you or any unrelated
third party within or outside of this Site.
United States Governing Law This Site was developed in the United States of America
in accordance with and shall be governed by, and your browsing in and use of the
Site shall be deemed acceptance of, the laws of the State of Illinois, United States
of America. Notwithstanding the foregoing, this 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 Ascentia Wine Estates,
LLC intends to make such products or services available in such countries.
©2009 Page Wine Cellars, Napa, CA. All Rights Reserved.