These Terms of Service (“Terms of Service”) are a legal agreement between you and Grant Marie Winery and govern your use of this website. References to “we,” “our,” “us,” “Grant Marie Winery” or “Our Brand” herein refer to Grant Marie Winery, and its brands and affiliates and references to our “Site” refer to this website. By using or accessing this Site, you agree to all of these Terms of Service. If you do not agree to any of these Terms of Service, you must not use this Site.
Age Requirements to Use Our Site
You must be age 21 or older to use our Site. If you are younger than 21, you are prohibited from using our Site. We do not sell alcohol to persons under 21. By using our Site, you represent and warrant that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.
Privacy Practices
Any personal information submitted by you via our Site is governed by our Privacy Notice which is incorporated by this reference into these Terms of service.
Additional Terms
Other terms and conditions may apply to your use of the Site, such as if you make a purchase. As applicable, the Shipping Policy or our California Transparency in Supply Chain Policy and any other applicable terms posted to this Site apply. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits. If these Terms of Service are inconsistent with those additional terms, those additional terms will control as to the particular promotional activity or benefit.
Site Content and License
All content included in or made available through our Site, such as design, text, images, logos, graphics, and functionality, is the property of Grant Marie Winery or its licensors and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. All trademarks and logos appearing on this Site are owned by Grant Marie Winery or its licensors, as applicable. Subject to your compliance with these Terms of Service, Grant Marie Winery grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access use the Site and its consent for personal use only. In no event may you use our Site, or any of its content, in any commercial manner. You shall not reverse engineer this Site or make copies of any materials on this Site. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
Electronic Communications
By using or accessing our Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. When you visit our Site or send e-mails or other communications, you are communicating with us electronically. We may request you to opt-in to receive certain marketing text messages with a separate consent request on the Site.
Purchases
Payments: We or our third party providers will process your payment information to make payments for your orders. You will be prompted to confirm payments before submitting your order. Unless otherwise agreed mutually in writing, all payments are non-refundable. You authorize us and our third party providers to process payments for orders according to the payment method specified in your account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to our or our third party’s verification of your account and available credit or balance for the intended purchase.
Refunds: Refunds, credits, and order changes are processed on a case-by-case basis in the sole discretion of Grant Marie Winery. Grant Marie Winery’s policy is to diligently and with good faith assist customers in processing these requests.
Third Party Links
Our Site may contain links to other websites. We are not responsible for those linked websites, their content or any goods or services available on those websites. Inclusion of any linked website on our Site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk and the third parties have their own terms and privacy policies that apply.
Disclaimers
OUR SITE AND ITS CONTENT AND OUR PRODUCTS AND WINES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRANT MARIE WINERY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GRANT MARIE WINERY DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH GRANT MARIE WINERY USES REASONABLE EFFORTS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. THE SITE MAY CONTAIN TYPOGRAPHIC ERRORS.
Limitation of Liability
NEITHER GRANT MARIE WINERY NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND OR TYPE WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE CLAIM OR $100. Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Grant Marie Winery AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR YOUR PURCHASES.
Changes to These Terms of Service
We may change these Terms of Service at any time. You should check and review these Terms of Service for updates. Your continued use of the Site after we have posted any modifications means you agree to the modified Terms of Service. If you disagree with any part of the modified Terms of Service, you must discontinue using our Site and that is your sole and exclusive remedy.
California Residents
If you are a California resident, you may have these Terms of Service and any additional terms mailed to you electronically by sending a letter with your request to Grant Marie Winery, P.O. Box 654
Oregon House, California. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
Questions
If you have questions about these Terms of Service, please contact us at Grant Marie Winery, P.O. Box 654 Oregon House, California.