Welcome to Spottswoode.com (our “Website”). Spottswoode Winery Inc. d/b/a Spottswoode Estate Vineyard & Winery (“Spottswoode,” “us,” or “we”) makes its Website available to you subject to the following terms and conditions of use (the “Terms of Use”). By accessing our Website, you (or “User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use, which may be updated from time to time. Please read them carefully before using our Website.

Access Restricted to People of Legal Drinking Age

Our website, and all access to advertising, marketing and other information on our website, is intended only for persons of legal drinking age based on the jurisdiction where such content is being accessed or viewed. You may be required to verify your date of birth prior to entering or interacting with our website. Age verification prompts may also be located within the website. By accessing our website, you represent that you are at least twenty-one (21) years of age and that any information you provide in response to an age verification request is true and accurate.

We do not knowingly collect information from those under the legal drinking age and request that such individuals do not provide any information to us or access our website. If you are under the legal drinking age in your jurisdiction and have entered our website by providing a false date of birth, you must immediately leave our website. If you believe someone under the legal drinking age has provided us with information by obtaining access in violation of our websites’ access restrictions, please contact us immediately and this information will be removed in accordance with applicable law.

Electronic Communications

When you access our Website or send e-mails or other electronic communications to Spottswoode, you are communicating with Spottswoode electronically. You agree to receive communications from Spottswoode electronically. Spottswoode may communicate with you by e-mail or by posting notices on its Website. You agree that any and all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or otherwise be delivered.

Product Descriptions

Our website may include information about our products, including product descriptions, pricing, reviews, and availability. While we try to be as accurate as possible, we do not warrant the accuracy of any product descriptions, or that any such product description is current, complete, reliable or error-free. Your sole remedy in the event one of our products is not as described on our Website is to return the product in new, unopened and unused condition in accordance with our Return Policy, which is available here.

Privacy

Our Privacy Statement, which is available here, further explains our privacy practices as they relate to the information we collect from and about you while you interact with us on our Website and is incorporated herein by reference.

Intellectual Property

Spottswoode or its licensors own all product descriptions, information, pictures, videos, graphics, logos, software, code, text, documents, and other materials, including those protected by copyright, trademark, and patent laws (collectively, “Content”) available on Spottswoode’s Website. Spottswoode reserves all of its rights and does not grant Users any right, title, or interest, including, but not limited to, a license of any type, in any Content.  User agrees not to copy, modify, reverse engineer, decompile or disassemble Spottswoode’s Website, or any part thereof, or allow any third-party to do so. User also agrees not to employee any robot, spider, virus, or other malware, software, process, code, or device to harvest Content made available on Spottswoode’s Website, to gain unauthorized access to Spottswoode, or any of its systems or operations, to violate the terms of Spottswoode’s Privacy Statement, or otherwise to interfere with Spottswoode or interrupt the intended and proper operation of its Website (e.g., distributed or other denial-of-service attack). User also agrees that the removal or alteration of any mark designating legal rights or protections afforded to any Content (e.g., copyright) made available on Spottswoode’s Website is strictly prohibited.

Copyright Infringement Notices

If you are a copyright owner, or authorized to act on behalf of a copyright owner, and you believe in good faith that works appearing on Spottswoode’s Website may infringe upon your or the owner’s rights under U.S. copyright laws, please promptly contact us at estate@spottswoode.com so that we can investigate your claim.  Your notice should include the following information to better assist our investigation: (i) a physical or electronic signature of the person (the “complaining party”) authorized to act on behalf of the owner of the copyright that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) 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 agents, or the law; and (vi) a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is duly authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Links to Third-Party Websites

Our Website may include links to other third-party websites (including social media) that we do not operate or maintain, and over which we have no control. These links are only for your convenience and you visit them solely at your own discretion and risk.

Advertisers

The Website may contain advertisements. The inclusion of advertisements on the Website does not imply endorsement of the advertised products or services. Spottswoode shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. Further, Spottswoode shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Website. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

Disclaimer of Representations and Warranties and Limitation of Liability

This website is provided on an “as is” and “as available” basis. Spottswoode, and its affiliates, make no representation or warranty of any kind regarding spottswoode or this website, whether express, implied, or statutory, including but not limited to representations and warranties regarding availability, suitability, performance, quality, completeness, merchantability, title, fitness for a particular purpose, freedom from defects or error or non-infringement, and hereby expressly disclaims such representations and warranties.

You expressly agree that your access to and use of this website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or for any loss of data resulting therefrom. Spottswoode makes no warranty that its website, servers, or communications (including e-mail) will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

To the maximum extent permitted by law, in no event shall spottswoode (or its affiliates) be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your use of, or inability to use, Spottswoode’s website, or these terms of use, even if spottswoode is aware of or has been advised of the possibility of such damages.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, spottswoode’s liability to you for any damages arising from or related to the use of the website or these terms of use (for any cause whatsoever and regardless of the form of the action), will at all times be limited in the aggregate to a maximum of fifty U.S. dollars (U.S. $50), which you acknowledge and agree is a fair and reasonable quantification of anticipated actual damages under the circumstances. The existence of more than one claim will not enlarge this limit or permit multiple claims.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in this section which are lawful in your jurisdiction will apply to you and Spottswoode’s liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Spottswoode, its affiliates, successors and assigns, including their respective officers, directors, employees, and agents, from and against any and all claims demands, expenses, damages, and costs (including reasonable attorneys’ fees) arising from, relating to, or in connection with your use of our Website in violation of these Terms of Use.

Jurisdiction and Applicable Law

You agree that that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflicts of laws, and that all claims, disputes, and legal proceedings directly or indirectly arising from or relating to these Terms of Use or your use of our Website shall be resolved exclusively in the state or federal courts located in California. Should any such legal proceeding arise, you agree to waive all defenses as to the lack of personal jurisdiction over you in the State of California and to submit to the exclusive jurisdiction of the state and federal courts located in the State of California.

Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Force Majeure

Spottswoode shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications providers or software or hardware failure.

Modification and Severability

We reserve the right, in our sole discretion, at any time, and from time to time, to make changes to our Website, these Terms of Use, and any other policies or rules that apply to the use of our Website, including our Privacy Statement. It is your sole responsibility to review this area of our Website periodically for any changes that we may make to these Terms of Use. Your continued use of our Website following our posting of any updates to these Terms of Use or other policies (including our Privacy Statement) means that you accept the changes and agree to be bound by the revised Terms of Use or other policy. If for any reason one or more condition(s), or part thereof, of these Terms of Use shall be deemed invalid, void, or unenforceable, such condition(s) or part thereof shall be deemed severable and shall have no effect on the validity or enforceability of the remainder of these Terms of Use.

Entire Agreement

The current version of these Terms of Use and our Privacy Statement constitute the entire agreement and understanding between each User and Spottswoode with respect to the use of Spottswoode’s Website and supersede any and all other, prior or contemporaneous written and oral communications, of any type, between the User and Spottswoode about the same or similar subject matters. You agree that our failure or decision not to require strict performance of these Terms of Use shall not be interpreted in any way as a modification or waiver of any part of these Terms of Use, and that neither the course of conduct between us and you, nor trade practices, shall modify or be a basis to modify these Terms of Use.

Term and Termination

Subject to this Section, these Terms of Use will remain in full force and effect at all times while you access and use our Website. Spottswoode reserves the right, in its sole discretion, to suspend or terminate your account or restrict or limit your use of or access to the Website at any time, without notice, without liability to you or anyone else, and for any reason, including but not limited to for any use of the Website in violation of these Terms of Use. To the fullest extent permitted by law, these Terms of Use remain in full force and effect even after your account is terminated or your ability to use or access our Website is restricted or limited.

How to Contact Us

If you have any comments or questions about our Terms of Use or your use of our Website, please do not hesitate to contact us at estate@spottswoode.com or by mail or phone at:

Spottswoode Estate Vineyard & Winery
1902 Madrona Avenue 
St. Helena, California 94574
707/963-0134