TERMS OF USE
Terms and Conditions of Use
General Provisions
Please read these Terms and Conditions (the “Terms”) carefully before using this website (the “Site”), which is owned and operated by Four Feathers Wine Estates, or one of our affiliated companies, (individually and collectively, the “Company,” “Us,” “We,” or “Our”).
By using the Site, you agree that you have read the Terms and have agreed, without limitation or qualification, to be bound by the Terms. We may modify the Terms at our discretion at any time. You are encouraged to review the Terms whenever you visit the Site. If you disagree with the Terms, your sole remedy is to discontinue using the Site.
Age Requirement
We do not sell wine to anyone under 21 years old. By using the Site, you represent and warrant that you are at least 21 years old, and the person to whom any wine or other alcohol will be delivered is also at least 21 years old. We comply with all local, state, and federal laws regarding sale of alcohol to minors.
Accounts
When you create an account on the Site, you must provide accurate, complete, and current information. You hereby certify that such information is correct. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
Account Security
You are responsible for safeguarding the password that you use to on the Site and for any activities or actions under your account. We are not responsible if someone gains access to or hacks your account. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Rules of Conduct
You agree that you will not do any of the following on the Site:
a. Purchase wine or other alcohol for someone who is under 21 years old;
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Take action that is threatening, abusive, tortious, slanderous, malicious, derogatory, harassing, or profane;
d. Interfere with or disrupt the Site;
e. Collect or store the personal data of other users;
f. Violate these Terms; or
g. Violate any laws or encourage illegal activity.
User Content
All content submitted through your account is considered “User Content.” By providing User Content, you represent and warrant that You own and have the rights to all User Content and that the User Content does not violate any third-party rights. You further represent and warrant that the User Content is accurate, truthful, and not misleading. You hereby grant the Company a license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with the Company and Our wine, or other goods or services, without acknowledgment or compensation to you or to anyone else. This license granted by you in your User Content is perpetual and irrevocable.
Account Termination
Your account may be terminated at Our sole discretion. Grounds for termination include, but are not limited to, the following:
a. A request from you to terminate the account;
b. Discontinuance of the Site;
c. Failure to make payments;
d. Violation or breach of these Terms;
e. Violations of any applicable law or rule; or
f. Requests by law enforcement or other government agencies.
Social Media
To visit or interact with Our social media accounts, you must be at least 21 years old. You may not post any content on Our social media accounts that encourages or depicts underage drinking, excessive drinking, or misuse of Our wine or other goods and services. We reserve the right at Our sole discretion to remove any posts or other content or block any person for any reason, including violation of the rules in this Section.
Additional Terms and Conditions
Additional terms and conditions may apply to the purchase of wine or other goods or services, and to discounts and promotions, and by this reference, such additional terms and conditions are made a part of these Terms. You agree to be bound by such additional terms and conditions.
No Guarantees
The Company does not guarantee that your use of the Site will be absolutely secure. By submitting your personal information to Us, you acknowledge that there is no guarantee of security and that We have no liability for any interception or unauthorized access.
Disclaimer of Warranties
THE SITE AND ALL WINE AND OTHER GOODS AND SERVICES SOLD ON THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PROMOTIONS, WINE OR OTHER GOODS OR SERVICES ON THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, WINE, OR OTHER GOODS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE CONTINUOUSLY AVAILABLE, SECURE, OR ERROR-FREE. NOTHING ON THE SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT PERSONAL INFORMATION WILL NOT BE INTERCEPTED BY THIRD PARTIES AND DISCLAIMS ANY LIABILITY FROM SUCH INTERCEPTION OF PERSONAL INFORMATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, RESULTING FROM OR IN CONNECTION WITH USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL). THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Privacy Policy
The information that you share on the Site is subject to Our Privacy Policy. For more information, please view the full Privacy Policy at WEBSITE LINK.
Cooperation with Law Enforcement
We reserve the right to release your information if the information is subpoenaed, if We believe your account is being used for unlawful activity, or if We deem it necessary and appropriate.
Monitoring, Copying, Altering, or Interfering with the Site
You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program, or any other manual process or automatic device to monitor or copy the pages on the Site or the content contained herein without the Company’s written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the Site’s proper functioning. You agree that you will not take any action that places an unreasonable or disproportionately large load on the Site’s infrastructure.
Links to Other Websites
The Site may contain links to third-party websites that are not owned or controlled by Us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance on any such content, goods, or services available on or through any such websites or services. If you choose to make purchases through such a third-party website, you do so entirely at your own risk and subject to that third-party website’s terms and conditions. You should read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Intellectual Property Rights
All content (other than User Content) created as a part of or used in relation to the Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company or its content suppliers and is protected by United States and international copyright laws. Any use of the materials on the Site, including any commercial use, reproduction, modification, distribution, republication, display, or performance, without the prior written permission of the Company is strictly prohibited. The Company’s name and logo, and all related names, logos, product and service names, designs, slogans, and other marks are the Company’s property.
DMCA
The Company maintains a policy to respond to all claims of intellectual property infringement. We will investigate notices of alleged infringement and take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and all other applicable intellectual property laws.
Notice of alleged copyright infringement must be sent to the following Designated Agent:
Designated Agent: Anthony Neal
Service Provider: Four Feathers Wine Services
Address: PO Box 1458, Prosser, WA 99350
Phone Number: 509-786-5050
Email Address: anthonyn@fourfeathers.com
Notice of alleged copyright infringement must be in writing and must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
d. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnification
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from breach of these Terms.
Force Majeure
The Company shall be excused from performance under these Terms if We are prevented, forbidden, or delayed from performing due to an event of Force Majeure. Force Majeure shall mean an occurrence beyond Our reasonable control including, but not limited to, acts of God or the public enemy, terrorism, strikes, riots, shortages of labor or materials, war, flood, virus or pandemic, sabotage, embargo, or any governmental laws, regulations, or restrictions.
Waiver
No waiver of any provision, or portion thereof, of these Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Entire Agreement
These Terms, including the documents and instruments referred to herein, constitute the entire agreement and understanding between us with respect to the subject matter hereof and supersedes all prior understandings and agreements with respect to your use of the Site.
Severability
If any provision, or portion thereof, of the Terms is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
Modification of Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Please check the Site regularly for any changes to the Terms. Revised Terms will apply to the use of the Site from the date of publication of the revised Terms. By continuing to use the Site after the revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law principles.
Exclusive Jurisdiction and Venue
You agree that any action or proceeding, including any arbitration, related to or concerning these Terms shall be under the exclusive jurisdiction of the courts of the State of Washington and of any duly appointed arbitrator. You agree that in any such action or proceeding, venue shall lie exclusively in Benton County, Washington, and in no other location.
Arbitration
Any dispute relating in any way to your use of the Site, including purchasing wine on the Site, shall be submitted to confidential arbitration in Benton County, Washington, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the then effective arbitration rules of RCW 7.04A under Washington law. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Contact Us
If you have any questions regarding these Terms, you can contact Us:
By email: anthonyn@fourfeathers.com
By Phone: 509-786-5050