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Terms and Conditions of Use

Welcome and thank you for visiting our website.  This site (the “Site”) is operated by Lauren Ashton Cellars LLC and is for your general information and use only.  By accessing or using this site, you indicated your unconditional acceptance of these terms of use (the “terms of use”).  We reserve the right, in our sole discretion, to update or revise these terms of use.  Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.  The term “Lauren Ashton Cellars” or “us” or “we” refers to the owner of the website.  The term “you” refers to the user or viewer of our website.  Terms and conditions are subject to change without notice.
Your Use of our Website
We encourage responsible drinking only for those of legal drinking age. You must be 21 years of age or older, to order or receive alcoholic beverages from Lauren Ashton Cellars LLC. Receipt of shipments containing alcoholic beverages requires the signature of an adult (a person 21 years of age or older) and appropriate identification of the adult signing for the shipment. Wines purchased from Lauren Ashton Cellars are not for resale, and are for personal consumption only.  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. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Site.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may use the Site only in accordance with and subject to these Terms of Use and all applicable laws and regulations of the United States of America. We make no representations that materials on the Lauren Ashton Cellars website or its affiliate websites are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside the Unites States take their own initiative to access the site and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit our Site.
Membership and Programs

Some areas of the Site are available to members only and require separate membership and/or terms of use agreements. Such areas may have age restrictions, and by becoming a member, you represent that you are of such age and that all information you provide is true, accurate and complete. Unfortunately, membership may not be available in your geographic locations. Membership is void where prohibited by law. From time to time, we will run special programs on our Sites. These may be member or non-member programs. All program participants must comply with the official program rules. The assignment of a user name and/or password for a membership or program is in our discretion. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Lauren Ashton Cellars LLC of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for the security of your user name and password, as well as all use of our Site under your user name and password.

Your Communication on our Site

Our Site enables you to post messages, reviews and other content on the Site and to submit comments, ideas and questions (“Submission(s)”). All rights, title and interest in such Submissions shall be the exclusive property of our Site with no compensation to you, and we may use such Submissions in any way, without limitation. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for the Affiliated Entities’ business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and to display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once your Submission is permanently removed or deleted from the Site by us. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.

You agree not to use the Site to post content or other communications that contain (i) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) an impression that they emanate from us, if this is not the case; (viii) sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or (ix) similar information. Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. You further irrevocably waive any and all rights or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. The Affiliated Entities have no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. If you choose to make any of your personally identifiable or other information publicly available in a Submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address that you transmit to our Site electronically shall be used in accordance with our terms and conditions of use policy.

Site Transactions and Right to Change Site

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors not authorized in writing and signed by Lauren Ashton Cellars LLC proprietor.

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Product Information

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

Downloads

From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Site, you may download and view 1 copy of such software on any single computer solely to use our Site.

Wine-Specific Conditions

Wines purchased from Lauren Ashton Cellars LLC are not for resale, and are for personal consumption only.

Credit Card Charges

Orders are by credit card only. We accept Visa and MasterCard.  When your order is complete and ready for shipment your credit card will be charged.  For futures your credit card will be charged when we confirm your order.
Minimum Purchase
The minimum online purchase is six bottles of wine.
Disclaimer

We provide our Site, including without limitation their contents and Software therein, on an "as is" basis and make no representations or warranties of any kind with respect thereto. We disclaim all such representations and warranties, including, for example, warranties of merchantability for a particular purpose. In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate, complete, or free of typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites, including pricing and availability information, is inaccurate at any time without prior notice

Limitation of Liability and No Endorsement

Except as specifically stated on our Site or as specifically limited by some jurisdictions, neither we nor any of our employees, affiliates or representatives will be liable for damages arising out of or in connection with the use of our Site and/or any web sites to which our Site may link. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Restrictions

Alcohol Related - There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Wines offered for sale in our on-line store are not available except to adults of legal drinking age and only to states where shipping is permitted.

Personal, Non-Commercial Use - You may view our Sites and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights reserved. The use of any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and the deletion or alteration of any copyright, trademark and other proprietary notices appearing on such materials are also prohibited.

Inappropriate Web Activity - You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) use any robot, spider or other automatic device, process or means to tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail; (j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) otherwise attempt to interfere with the proper working of the Site.

Copyright

The Site and all its contents including, but not limited to, all Site design, text, user and visual interfaces, look and feel, sound, icons, video clips, graphics, the selection and arrangement thereof, and any underlying software and computer codes (“Content”), are the copyright of the Affiliated Entities or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, patent or service mark is also a registered and/or unregistered trademark of the Affiliated Entities or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner, is strictly prohibited. You are also advised that the Affiliated Entities will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Indemnity

You agree to defend, indemnify and hold harmless the Affiliated Entities and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission that you make available or create through the Site, the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

Termination

These terms are effective unless and until terminated by either you or the Affiliated Entities. You may terminate this Agreement at any time. You also agree that Site, in its sole discretion, may terminate your access to or use of the Site and the Software, at any time and for any reason, including without limitation if the Site or the Affiliated Entities believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Software will immediately cease. You agree that any termination of your access to or use of the Site and the Software may be effected without prior notice, and that the Site may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Site nor an Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

Void Where Prohibited

Although this Site is accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

Miscellaneous

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, applicable membership rules, and applicable program rules, constitute the entire agreement between you and the Affiliated Entities with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Affiliated Entities with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of the Affiliated Entities to act with respect to a breach by you or others does not waive the Affiliated Entities right to act with respect to subsequent or similar breaches. The Affiliated Entities failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Affiliated Entities without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. The term Affiliated Entities is used for convenience and shall mean Affiliated Entity and/or Affiliated Entities, as applicable.

© 2012 Lauren Ashton Cellars LLC