Terms & Conditions
Welcome to the Internet site of Montelle. ("Montelle.com").
PLEASE NOTE THAT YOUR USE OF THE Montelle.com SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS Montelle.com SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE Montelle.com SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY Montelle.com FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE Montelle.com SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the Montelle.com Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Montelle.com Site or Montelle.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the Montelle.com Site except as permitted in writing by Montelle.com.
The Sale of Alcoholic Beverages
Montelle.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Montelle.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Montelle.com is over the age of 21. You also agree that any alcohol purchased from Montelle.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Montelle.com will prosecute you fully to the extent allowable by law.
Sunset Dinner and Event Cancelation Policy
Cancelations must be made 48 hours in advance for refund. Customer will be notified by phone or email within 24 hours of dinner/event if the dinner/event is canceled by Montelle Winery.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Montelle.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Montelle.com. Montelle.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Montelle.com Site by anyone other than authorized Montelle.com employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Montelle.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Montelle.com does not sponsor or endorse any of these companies or their services.
The Montelle.com Site may contain links to other web sites or resources. You acknowledge and agree that Montelle.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Montelle.com Site does not imply that Montelle.com endorses the linked site.
Augusta Wine Co. reserves the right to change these terms and conditions from time to time in its discretion.
All terms and conditions are applicable to the extent permitted by law.
Protection of Content Provided by Montelle.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Montelle.com Site ("Site Content") are copyrighted materials owned by or licensed to Montelle.com. The Site Content may contain trademarks, service marks and trade names which are owned by Montelle.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Montelle.com, its affiliates, or third parties. "Montelle.com" is a trademark of Augusta Winery. Unless authorized in writing by an officer of Augusta Winery, Montelle.com's trademarks may not be used in connection with any product or service that is not Augusta Winery's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Montelle.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Montelle.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Montelle.com Site. Nothing contained in the Montelle.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Montelle.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Montelle.com, its affiliates, and/or any third party, as applicable.
Montelle.com will give you any necessary notices by posting them on the Montelle.com Site. You authorize Montelle.com to send notices via electronic mail as well if Montelle.com decides, in its sole discretion, to do so. You agree to check the Montelle.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Montelle.com Site.
Disclaimer of Warranties
ALTHOUGH Montelle.com ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Montelle.com SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Montelle.com SITE. Montelle.com DOES NOT WARRANT THAT YOUR USE OF THE Montelle.com SITE, OR THE OPERATION OR FUNCTION OF THE Montelle.com SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE Montelle.com SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. Montelle.com AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Montelle.com SITE. THE Montelle.com SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL Montelle.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Montelle.com SITE, THE USE OR PERFORMANCE OF THE Montelle.com SITE, THE DELAY OR INABILITY TO USE THE Montelle.com SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Montelle.com SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Montelle.com SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Montelle.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Montelle.com SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Montelle.com SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS Montelle.com'S LIABILITY OR YOUR REMEDIES.
Termination of your Montelle.com Account
Montelle.com may terminate your Montelle.com Account with or without cause at any time effective immediately.
Montelle.com shall be excused from performance under this Terms of Service if Montelle.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Montelle.com.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Montelle.com, Limitation of Liability, Indemnity and General Provisions.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated February 1, 2010