Terms of Use
The website displayed at www.melansonvineyard.com (this "Site") is operated by Melanson Vineyard™. Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time, without notice and with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Permitted Users of the Site. This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
Intellectual Property and Content Rights. The copyrights to all materials, content and layout of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc..., and any underlying software and computer codes) are proprietary to Melanson Vineyard. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Melanson Vineyard's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Melanson Vineyard and may not be used by you without the prior written consent of Melanson Vineyard or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of the Site. Melanson Vineyard maintains this Site for your personal information. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Melanson Vineyard’s express prior written consent. All rights not expressly granted here are reserved to Melanson Vineyard.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
No Warranties. MELANSON VINEYARD DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Melanson Vineyard also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect 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 materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability. In no event shall Melanson Vineyard, its owners, beneficiaries, parents, affiliates, subsidiaries and services providers, 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, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, 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. You acknowledge by your use of the Site, that your use of the Site is at your sole risk.
Indemnification. You agree to defend, indemnify and hold Melanson Vineyard harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.
On-Line Stores; Promotions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Communication with the 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. Melanson Vineyard will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Anything content or comments you transmit to us may or may not be posted to this Site at the sole discretion of Melanson Vineyard and may be used by Melanson Vineyard or its affiliates for any purpose, including, but not limited to, worldwide, unlimited reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Melanson Vineyard is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information.
Melanson Vineyard is under no obligation to monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Melanson Vineyard assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Notice of Infringement. If you believe that your work or mark has been copied in a way that constitutes copyright or trademark infringement, please provide a Notice with the following information to the Site's Agent:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
* A description of the work or mark that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the rightful owner, it's agent or the law;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the rightful owner or authorized to act on the rightful owner's behalf.
Melanson Vineyard’s Agent for Notice is:
Melanson Vineyard Agent
P.O. Box 1118
Mill Valley, CA 94942
Termination. At its sole discretion, Melanson Vineyard may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Username and Password. You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Melanson Vineyard of any unauthorized use of your user name or password or any other breach of security of your personal information.
Third Party Products and Sites. Descriptions of, or references to, products, publications or sites not owned by Melanson Vineyard or its affiliates do not imply endorsement of that product, publication or site. Melanson Vineyard 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.
Links to Other Websites. This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Melanson Vineyard. Each linked to website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Melanson Vineyard does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Melanson Vineyard does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.
Governing Law; Void Where Prohibited. This Site shall be governed by, and your browsing and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California (without regard to principles of conflict of laws). By using the Site you hereby consent to exclusive jurisdiction in the state and federal courts of Napa County, California for any cause of action arising from or related to your use of this Site. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Return Policy: Melanson Vineyard will replace any bottle of wine that is damaged, flawed, or otherwise deemed to be unsatisfactory. Customers must return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. We will not ship wine if the forecast includes any extreme weather to attempt to deliver our wines in the best possible condition. Once the wine is received, we will refund your credit card account for the cost of the wine less shipping and handling. Please send an email to info@melansonvineyard.com to arrange for the return of corked or flawed product.
This policy is effective as of June 27, 2012. Please click here to read our Privacy Policy which is incorporated herein.
© 2012 Melanson Vineyard. All Rights Reserved.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Permitted Users of the Site. This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.
Intellectual Property and Content Rights. The copyrights to all materials, content and layout of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc..., and any underlying software and computer codes) are proprietary to Melanson Vineyard. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Melanson Vineyard's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Melanson Vineyard and may not be used by you without the prior written consent of Melanson Vineyard or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of the Site. Melanson Vineyard maintains this Site for your personal information. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Melanson Vineyard’s express prior written consent. All rights not expressly granted here are reserved to Melanson Vineyard.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
No Warranties. MELANSON VINEYARD DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Melanson Vineyard also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect 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 materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability. In no event shall Melanson Vineyard, its owners, beneficiaries, parents, affiliates, subsidiaries and services providers, 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, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, 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. You acknowledge by your use of the Site, that your use of the Site is at your sole risk.
Indemnification. You agree to defend, indemnify and hold Melanson Vineyard harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.
On-Line Stores; Promotions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Communication with the 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. Melanson Vineyard will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Anything content or comments you transmit to us may or may not be posted to this Site at the sole discretion of Melanson Vineyard and may be used by Melanson Vineyard or its affiliates for any purpose, including, but not limited to, worldwide, unlimited reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Melanson Vineyard is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information.
Melanson Vineyard is under no obligation to monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Melanson Vineyard assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Notice of Infringement. If you believe that your work or mark has been copied in a way that constitutes copyright or trademark infringement, please provide a Notice with the following information to the Site's Agent:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
* A description of the work or mark that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the rightful owner, it's agent or the law;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the rightful owner or authorized to act on the rightful owner's behalf.
Melanson Vineyard’s Agent for Notice is:
Melanson Vineyard Agent
P.O. Box 1118
Mill Valley, CA 94942
Termination. At its sole discretion, Melanson Vineyard may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Username and Password. You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Melanson Vineyard of any unauthorized use of your user name or password or any other breach of security of your personal information.
Third Party Products and Sites. Descriptions of, or references to, products, publications or sites not owned by Melanson Vineyard or its affiliates do not imply endorsement of that product, publication or site. Melanson Vineyard 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.
Links to Other Websites. This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Melanson Vineyard. Each linked to website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Melanson Vineyard does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Melanson Vineyard does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.
Governing Law; Void Where Prohibited. This Site shall be governed by, and your browsing and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California (without regard to principles of conflict of laws). By using the Site you hereby consent to exclusive jurisdiction in the state and federal courts of Napa County, California for any cause of action arising from or related to your use of this Site. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Return Policy: Melanson Vineyard will replace any bottle of wine that is damaged, flawed, or otherwise deemed to be unsatisfactory. Customers must return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. We will not ship wine if the forecast includes any extreme weather to attempt to deliver our wines in the best possible condition. Once the wine is received, we will refund your credit card account for the cost of the wine less shipping and handling. Please send an email to info@melansonvineyard.com to arrange for the return of corked or flawed product.
This policy is effective as of June 27, 2012. Please click here to read our Privacy Policy which is incorporated herein.
© 2012 Melanson Vineyard. All Rights Reserved.