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Terms of Use

Terms of Use and Shipping Terms


1.         The WINERY Site

Welcome to the www.BarnardGriffin.com website (the “Service”), a Washington State winery that also operates an online wine shop and wine clubs for your convenience. The Service is owned by Barnard Griffin Winery, Inc. (“Winery” or “us”).  These Terms of Use (“Terms”) apply to your use of the Service. If you wish to use the Service, even if you only browse the Service and do not register, you must agree to these Terms. If you do not agree to the Terms, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately. Your continued use of the Service will constitute assent to these Terms.

2.         Legal Age Requirement

You must be at least 21 years of age to purchase wine using the Service. In addition, the person to whom wine purchased through the Service is delivered must be at least 21 years of age to accept delivery. When you place an order for wine through the Service, you represent to us that you and the intended recipient are at least 21 years of age. Upon delivery of any shipment containing wine, the recipient will be required to prove he or she is at least 21 years of age by showing a valid, government-issued identification with a picture of the recipient. We cannot ship wine to PO Boxes or APO/FPO addresses. We comply with all applicable federal, state and local laws and regulations regarding the sale of alcoholic beverages, and will actively cooperate in the prosecution of any person attempting to use the Service to violate applicable law. No deliveries of wine will be made except on the signature of a person having valid proof of age. No delivery will be made to a person who is visibly intoxicated. Because shipments containing wine require the signature of an adult, they cannot be left unattended by the carrier if no one is available to take delivery. For this reason, we recommend using a commercial business address such as your office to avoid failure of delivery. If the shipment is returned to us as undeliverable, the shipping charges are not refundable.

3.         Compliance with State and Local Laws

This site asks you to identify the location of the intended recipient of any wine products before you begin shopping. The reason for this is that shipments of wine are subject to restrictions under a wide variety of state and local laws. Some states prohibit shipments of wine from out-of-state sellers to recipients in the state. All our wine products are deemed sold in Washington and title passes to you in Washington. You can help ensure that the site provides correct information about price and availability by correctly identifying the location of the intended recipient before you begin shopping. For a current list of states eligible for shipping orders of wine made through the Service and restrictions that apply in particular locations, please click [here]. Your credit card will not be charged until we have determined that the proposed shipment complies with all applicable laws. 

4.         Standard Shipping Terms

Please refer to the checkout page for delivery options and pricing. Orders shipped at standard ground rates should arrive within 10-15 days from the date of the order. Title to goods shipped in response to your order passes to you when the goods are delivered to the carrier, and you bear the risk of loss or damage to the goods in transit. Any product advertised or offered on our site may be temporarily unavailable, and availability information, if displayed, may not be current. If you place an order for a product that is out of stock, we will notify you promptly. We do not represent that product information on the site is accurate, complete or error-free. We reserve the right to limit quantities or refuse service to any customer.

5.         No Use of the Service for Commercial Purposes

You may not use the Service for any commercial purpose including but not limited to buying, selling, advertising or offering goods or services. When you order through the service, you represent to us that the goods are not intended for resale. If the Service allows you to create and post content, then creating and posting an occasional link to a third-party site that charges a fee for access, or otherwise is engaged in commercial activity, is not a violation of this policy, provided that you do not directly or indirectly receive any consideration for posting such link. You will not use any robot, spider, scraper or other similar automated means to access the Website for any purpose without our permission. You may not (i) impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted using the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service.

6.         Restrictions on Content

You agree not to make any use of the Service to post or transmit any Content that: (1) is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which you or WINERY are subject; (2) promotes activity that is unlawful under the Laws of any jurisdiction to which you or WINERY are subject (3) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations), all as determined by WINERY in its discretion; (4) includes insider information, or any other proprietary or confidential information; (5) is an infringement of any patent, trademark, trade secret, copyright, publicity right or other intellectual property right; (6) is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (7) holds WINERY or any of its affiliates, employees or shareholders up to public scorn or ridicule; (8) contains or transmits any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our discretion.  

7.         Restrictions on Activities

You agree not to make any use of the Service for any activity: (1) that is unlawful (whether criminal or tortious) under the Laws of any jurisdiction to which you or WINERY are subject; (2) that is commercial, including buying, selling, offering, advertising, or helping another to buy, sell, offer or advertise any goods or services; (3) that constitutes competition with the Service; (4) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; (5) that automates your use of the Service, including using scripts to add people to your circle or to post or send comments; or (6) that interferes with the operation of the Service or places an undue burden on it.

8.         Representations About Content

You agree to be responsible for all Content posted to the Service under your username or password. You represent and warrant to WINERY that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to grant the license set out in Section 9 of these Terms. You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password, and to indemnify and hold harmless WINERY from any claims, costs or liability incurred as the result of your violation of these Terms.

9.         License to Content

You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and WINERY does not claim any ownership rights in any Content posted or transmitted by you through the Service. However, when you post any Content to the Service, you grant to WINERY a non-exclusive, fully paid, royalty-free perpetual and irrevocable license to use, distribute, reproduce, modify, adapt, and publicly display or perform such Content on the Service. It is necessary for you to grant this license in order for WINERY to operate the Service. You may terminate the license for WINERY to display any particular Content by deleting it from the Service, but you acknowledge that WINERY may retain archived copies of such Content.

10.       Monitoring of Content

WINERY has no obligation to monitor user Content. However, WINERY has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove any Content violative of these Terms.

11.       Our Content

Other than Content posted by users, all content of this site or the Service is the property of WINERY or its content suppliers, and is protected by United States and international copyright laws. The compilation of such content is also the exclusive property of WINERY, and is likewise protected by U.S. and international copyright laws. The Barnard Griffin Logo, Tulip Graphic, and Reserve Graphic are trademarks of WINERY or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by WINERY that appear on this site are the property of their respective owners. Our content, including products, prices, features and services offered through the Service, is subject to change at any time in our sole discretion and without notice to you. Products offered through the Service may be unavailable at any time. We reserve the right to limit order quantities for any product or service and to refuse service to anyone in our discretion.

12.       Disclaimer of Warranties and Limitation of Liability

You agree that the Service is provided to you “as is” and “as available” without any warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, ACCURACY and non-infringement. WINERY does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system.  WINERY makes no warranty of any kind with respect to user-generated Content, and specifically disclaims any implied warranties of merchantability, title, fitness, accuracy and non-infringement with respect to such Content. 

 You understand and agree that In no event will WINERY be liable TO YOU OR A THIRD PARTY for any direct or indirect damages, even if WINERY is aware of the possibility of such damages, including without limitation loss of profits or for any other special, consequential, EXEMPLARY or incidental damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. the parties intend that this limitation SHOULD apply even if it causes any warranty to fail of its essential purpose.   Notwithstanding the foregoing, the potential liability of WINERY to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to WINERY for your use of the Service.

13.       No Guaranteed Availability

WINERY reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that WINERY will not be liable to you for any modification, suspension or discontinuance of the Service.

14.       Termination of Service to You

You agree that WINERY, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that WINERY will not be liable to you for any termination of your access to the Service. 

15.       Copyright Notice and Takedown Policy.

If you are a copyright owner and you believe your work has been copied and used improperly on WINERY’s service, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the WINERY Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright compliance officer: Copyright Compliance, c/o Barnard Griffin, Inc., 878 Tulip Lane, Richland, WA 99352.

16.       Miscellaneous Terms Fees

The prevailing party in any litigation arising out of or relating to these Terms or your purchase of goods or services through the Service will be entitled to recover all reasonable attorneys’ fees and other expenses (in addition to statutory “costs” of litigation), including attorneys’ fees and expenses in connection with any trial, appeal, or petition for review.

Force Majeure

Neither party shall be liable to the other for failure of performance beyond its reasonable control including, but not limited, to acts of God, or public enemy, acts of other parties, governmental laws, regulations or requirements, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power or fuel.

Severability & Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by WINERY of strict performances of any provision of these Terms will not be a waiver of or prejudice WINERY’s right to require strict performance of the same provision in the future or of any other provision of these Terms.

Governing Law and Venue

The rights and liabilities of the parties arising out of or relating to these Terms will be governed by the laws of the state of Washington, without regard to conflicts-of-law rules and without regard to the United Nations Convention on Contracts for International Sale of Goods. If these Terms are translated into a language other than English for any reason, this English version will be the controlling translation. ANY LITIGATION BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF WASHINGTON. THE PARTIES HEREBY WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE BY THE COURTS LOCATED IN THE STATE OF WASHINGTON OF PERSONAL JURISDICTION OVER THEM, AND TO THE VENUE OF THE COURTS LOCATED IN THE STATE OF WASHINGTON.

Indemnity.

You agree to indemnify, defend and hold harmless WINERY and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your violation of these Terms, your breach of a representation made to us, or your use of the Service.

Assignment

These Terms are freely assignable by Winery, but may not be assigned by you nor may your duties under these Terms be delegated to a third party.

Construction

The section and paragraph headings of these Terms are for the convenience of the reader only, and are not intended to act as a limitation of the scope or meaning of the sections and paragraphs themselves. These Terms will not be construed against the drafting party.

Entire Agreement

These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms. If we exercise our right to alter these terms in a way that materially affects your rights, we will post a notice through the Service. Your continued use of the Service following such notice constitutes assent to the altered Terms. Sections 5-9, 12 and 16 will survive termination of this agreement and these Terms between you and Winery.

Contact

If you have any questions or comments, we invite you to contact our Customer Service Department by email or by phone at 509-627-0266.
 
Contact Us 10AM - 5PM daily by phone (509) 627-0266 or e-mail
 
© 2017 Barnard Griffin Winery 878 Tulip Lane, Richland, Washington 99352

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