Agreement between User and carruthcellars.com
Welcome to carruthcellars.com. The carruthcellars.com website (the “Site”) is comprised of various web pages operated by Carruth Cellars Urban Winery (“Carruth Cellars”). carruthcellars.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of carruthcellars.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
USER AGE
By agreeing to these Terms of Service, you represent that you are the age of 21 or over. Because of the nature of the Company’s business, and its products and services, the Site is not intended for use by persons under age 21. The Company does not knowingly attempt to solicit or receive any information from persons under age 21. Use of the Site, or any registration that may be required to access portions of the Site, or to purchase products or services, including alcoholic beverages, may only be made by those persons who are at least 21 years of age. By using the Site, you are representing that you are at least 21 years of age, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of twenty-one and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated.
You also agree that any alcohol purchased from the Site 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 or someone else’s age in order to provide alcohol to a person under the age of twenty-one, Company shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law.
As required by the Communications Decency Act of 1996, the Company 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.
PROPOSITION 65 NOTICE
: Drinking distilled spirits, beer, coolers, wine, and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
RESTRICTED TERRITORIES
Please be aware that some jurisdictions do not permit certain uses of this Site by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. You are responsible for compliance with the laws of your home territory or country. By using the Site, you are representing that you are permitted to do so under the laws and regulations of where you live.
SITE CONTENT & TRADEMARKS
The content of the pages of this website is for your general information and use only. It is subject to change without notice. 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. You agree that Company and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain countries.
This website contains material that 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. Our trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Carruth Cellars LLC. in the U.S. and/or other countries. Carruth Cellar’s trademarks and trade dress may not be used in connection with any product or service that is not Carruth Cellar’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Carruth Cellars. All other trademarks not owned by Carruth Cellars that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Carruth Cellars. Any trademarks reproduced on our websites that are not the property of or licensed to, the operator is acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Informing viewers about events happening at Carruth Cellars, selling wine online through our shipping club and selling wine to members including events for 21+ only
Electronic Communications
Visiting carruthcellars.com or sending emails to Carruth Cellars constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Carruth Cellars is not responsible for third party access to your account that results from theft or misappropriation of your account. Carruth Cellars and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Carruth Cellars does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use carruthcellars.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
carruthcellars.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Carruth Cellars and Carruth Cellars is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Carruth Cellars is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Carruth Cellars of the site or any association with its operators.
Certain services made available via carruthcellars.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the carruthcellars.com domain, you hereby acknowledge and consent that Carruth Cellars may share such information and data with any third party with whom Carruth Cellars has a contractual relationship to provide the requested product, service or functionality on behalf of carruthcellars.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use carruthcellars.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Carruth Cellars that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Carruth Cellars or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Carruth Cellars content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Carruth Cellars and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Carruth Cellars or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Carruth Cellars from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Carruth Cellars Content accessed through carruthcellars.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Carruth Cellars, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Carruth Cellars reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Carruth Cellars in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Carruth Cellars agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARRUTH CELLARS URBAN WINERY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CARRUTH CELLARS URBAN WINERY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARRUTH CELLARS URBAN WINERY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARRUTH CELLARS URBAN WINERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARRUTH CELLARS URBAN WINERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Carruth Cellars reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carruth Cellars as a result of this agreement or use of the Site. Carruth Cellars’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Carruth Cellars’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Carruth Cellars with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Carruth Cellars with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Carruth Cellars with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
THE SALE OF ALCOHOLIC BEVERAGES
Legal Requirements
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us 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, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
Changes to Terms
Carruth Cellars reserves the right, in its sole discretion, to change the Terms under which carruthcellars.com is offered. The most current version of the Terms will supersede all previous versions. Carruth Cellars encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Carruth Cellars welcomes your questions or comments regarding the Terms:
Carruth Cellars Urban Winery
118 South Cedros
Solana Beach, California 92075
Email Address:
wineclub@carruthcellars.com
Telephone number:
(858) 847-9463
Effective as of October 28, 2024