- Terms of Service Version Date: June 3, 2018.
- Agreement and Application of Terms. These Terms of Service (the “Terms”) are the agreement between You, Our customer (the “Customer”, “You”, or “Your”), and Bozzo Family Vineyards LLC (“BFV”, “We”, “Our”, or “Us”), for the use of Our website(s) (together, the “BFV Website”) and the purchase of Our wines and other products and services that We offer You (together, the “Products”). You accept the Terms by any use of BFV Website or by any purchase of the Products (all together, the “Acceptance”).
- Changes in Terms. We may change the Terms at any time by posting revised Terms on the BFV Website or by giving You electronic or written notice of changed Terms sent in accordance with the Terms. Electronic notice may be by email, by posting changed Terms on the BFV Website, or by other electronic means determined by BFV (all together, “Electronic Notice”). You agree that the BFV Website posting or other Electronic Notice or written notice of changed Terms is actual notice of changed Terms. You accept changed Terms by any use of the BFV Website by You or by any purchase of Products by You, after changed Terms are posted on the BFV Website, or after BFV has given You Electronic Notice or written notice of changed Terms.
- BFV License and Ownership of BFV Website and Content. Provided that You comply fully with the Terms, We grant You a personal, non-transferable, non-exclusive, revocable, limited license (“License”) to use the BFV Website and content on the BFV Website (“Content”) solely for the purchase of, payment for, shipment of, and/or delivery of the Products and consumption by You of information about Our business, including, Our hours of operation and Our Products (together, the “Purpose”). Except as otherwise expressly permitted by the Terms, You will not: (a) access, copy, disclose, or use any part or all of the BFV Website or the Content, except for the Purpose; (b) reverse engineer, decompile, or otherwise attempt to discover source code for the BFV Website or the Content; (c) create derivative works from the BFV Website or the Content; or (d) sell, resell, lease, sublease, license, sublicense, or otherwise dispose of or transfer the BFV Website or the Content. This License shall automatically terminate upon the first to occur of the following: (s) termination of the Terms; (t) breach of any of the Terms, including, but not limited to, any License term or any Acceptable Use term, by You; or (u) failure by You to pay any amount to BFV when due. Upon termination of the License, You will cease all use of the BFV Website and the Content. You agree: (w) We and/or Our suppliers are, and will remain, the exclusive owners of the BFV Website, the Content, derivatives thereof, and all intellectual property rights therein; and (x) BFV and/or its suppliers are, and will remain, the exclusive owner of all information provided by the Customer on the BFV Website, including, but not limited to, Customer Information (as defined below), from which identifying information concerning the Customer has been removed (all together, “De-Identified Information”). Information owned by BFV, including, but not limited to, De-Identified Information, may be used, copied, and/or disclosed by BFV for any purpose, including, but not limited to, the Purpose.
- Payment and Returns. You will pay Us upon demand for the Products purchased by You on the BFV Website or in person at Our tasting room or other location by a valid credit card accepted by Us, or at Our option, by other payment mechanism We specify, at the prices for the Products We specify on the BFV Website. In addition to payment of prices for the Products You purchase, You will also pay, and/or reimburse Us for, all shipping charges for Products You purchase that We ship to You and all taxes, duties, and fees applicable by law to the purchase, sale, and/or use by Customer of the Products. Shipping charges may be determined and billed to You after Your Purchase. You agree that You will not resell Our wines and that You purchase Our wines for Your consumption. You agree to provide Us all information and writings We require in connection with Your credit card or other payment mechanisms for Our Products and You authorize Us (a) to retain, archive, and use Your credit card or other payment mechanism information and writings in connection with Your credit card or other payments to Us, (b) to share Your credit card or other payment mechanism information and writings with Our suppliers and their suppliers to process and complete Your credit card or other payment mechanism payments to Us and (c) to charge Your credit cards or other payment mechanisms for Products You purchase from Us. We may charge You, and You agree to pay Us, a late payment charge at the lower of one-half of one percent (1/2 %) per month or the legal rate of interest in the Commonwealth of Virginia applied to all outstanding overdue payments (“Late Payment Charge”). In addition to all other rights and remedies in the Terms or available at law or in equity, We may refuse to provide You Products or access to the BFV Website, suspend Our performance, in whole or in part, and/or terminate the Terms, including, but not limited to, the License Terms, in whole or in part, for any delay or failure in payment by You. If We bring a claim, action, or proceeding, including, without restriction, an arbitration proceeding, to recover amounts due from You under the Terms, You will pay all costs and expenses, including, without restriction, litigation costs and attorneys’ fees, incurred by Us in connection with such claim, action, or proceeding. Unless We otherwise agree, all sales of Products to You are final, and no returns of Products will be accepted.
- Term, Termination, Suspension of Performance, and Notice. The Terms are effective at the Acceptance and shall continue unless We terminate the Terms earlier in accordance with the Terms. By written notice or Electronic Notice, We may terminate the Terms or suspend or terminate Our performance under the Terms, in whole or in part, for any one or more of the following causes: (a) Your breach of any of the Terms; (b) Your failure pay any amount to Us when due; (c) Your breach of any License term; (d) Your breach of any Acceptable Use term; or (e) Your violation of any law, rule, regulation, or order of a court or other governmental authority. In addition, We may terminate the Terms and Our performance as a whole for convenience by giving You at least ten (10) days advance written notice or Electronic Notice. Customer’s mail or electronic mail addresses are the addresses for Customer in Our records. Termination for any or no reason will not relieve You of Your obligations to Us, including, without limitation, payment, which will survive termination of the Terms.
- LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY TO YOU IN CONNECTION WITH THE TERMS, THE BFV WEBSITE, THE CONTENT, AND THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO BFV SYSTEMS, WHETHER IN TORT, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID TO US FOR THE PRODUCTS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORSEEABLE.
- DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES TO YOU IN CONNECTION WITH THESE TERMS, THE BFV WEBSITE, THE CONTENT, AND/OR THE PRODUCTS AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR OTHERWISE. THE WEBSITE, THE CONTENT, AND THE PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS.
- Customer Information, Customer License and Covenants. You will provide Us with all information We request in order to permit You to use the BFV Website and to purchase, pay for, ship, and/or deliver the Products (together, the “Customer Information”). You agree, covenant, and grant as follows: (a) that We, Our suppliers, and their suppliers will and may rely upon Customer Information in order to sell, receive payment for, and provide the Products to You, to perform or enforce any of these Terms, and for other purposes permitted in the Terms or applicable law; (b) We, Our suppliers, their suppliers are hereby granted a world-wide, non-exclusive, royalty-free, transferable, irrevocable, and perpetual license (with a right to sublicense third parties) to use, reproduce, copy, disclose, distribute, transmit, transfer, post, upload, display, adapt, modify, and make derivative works of the Customer Information in order to sell, receive payment for, and provide the Products to the You, to perform or enforce any of these Terms, and for other purposes permitted by these Terms or applicable law; (c) the Customer Information is complete and accurate and does not infringe the rights or property of third parties; (d) You own the Customer Information and/or have all rights and consents necessary to perform the Terms, including, but not limited to, the right to grant the licenses and sublicenses under this section of the Terms; and (e) You consent to use of the Customer Information as described in the Terms and will provide written evidence of such consent as We may request from time-to-time.
- Wine Club(s). You may elect to join Our wine club(s) and to receive the benefits of membership in the wine club(s) as further described on the BFV Website in consideration of performance by You of the obligations of membership in the wine club(s) and payment by You to Us of prices and charges for membership in the wine club(s) as further described on the BFV Website. You may cancel your wine club membership at any time before the current year shipping or pick up date, as applicable to You, by sending Us email notice of cancellation. As part of Your membership in the wine club(s), You may elect the number of bottles of Our wine and the type of wine (red, white, mixed selection) as further described on the BFV Website. We, and not You, will select the actual bottles of wine that You will receive as part of Your wine club membership. If We ship Your wine club wines to You, We may determine and bill shipping charges to You separately from Your wine club purchases. You will pay such shipping charges. We reserve the right to make wine substitutions and/or provide credits in connection with wine club member wine selections.
- Acceptable Use. We may terminate, deny, suspend or otherwise restrict access to or use of the BFV Website or the Content by You, or the purchase of the Products by You, or terminate, in whole or in part, the Terms, if use, disclosure, or copying of the BFV Website or Content by You, in Our sole opinion, violates the Terms, is objectionable or unlawful, and/or interferes with the functioning or use of the BFV Website and/or the Content by Us or other users or the purchase of the Products by other customers. Violation of Acceptable Use Terms includes, but is not limited to, any one or more of the following: (a) accessing without permission or right the accounts, the BFV Website, the Content, or computer systems of BFV or other persons, spoofing the URL, DNS or IP addresses of BFV or any other person, and/or penetrating the security measures of the BFV Website or BFV’s computer system or any other person’s computer system, or to attempt any of the foregoing; (b) transmitting uninvited communications, data or information, or engaging in other similar activities, including, but not limited to, “spamming”, “flaming” or denial of service attacks; (c) intercepting, interfering with or redirecting email or other transmissions sent by or to BFV or others; (d) introducing into the BFV Website and related networks viruses, worms, Trojan horses, or other harmful or malicious code; (e) engaging in conduct that is defamatory, fraudulent, obscene or deceptive; (f) infringing or otherwise violating BFV's or any other person’s copyright, trademark, patent, trade secret, proprietary, or other intellectual property rights; (g) engaging in any conduct harmful to the BFV Website, the Content, the related networks, and/or other users of the same; and/or (h) using the BFV Website or the Content to violate or in violation of applicable law.
- Shipping. You will pay all shipping charges for wine purchases You make from Us that We ship to You at Your request. Shipping charges may be determined and billed by Us to You separately after Your wine purchases. We directly ship only to locations in the Commonwealth of Virginia. Unless We agree otherwise, to be eligible for direct shipping by Us to You of wines You purchase from Us, You must order such wines in the following amounts: 2 bottles; 4 bottles; 6 bottles; 8 bottles; 10 bottles; or 12 bottles of Our wines. You may not require shipping, and We will not ship, to locations outside of the Commonwealth of Virginia, unless and until we permitted by law to do so. From time-to-time, We may add direct ship to locations, or arrange with third parties for shipping to locations, outside of the Commonwealth of Virginia. After we add ship to locations, or make such arrangements, You may request shipping of Your wine purchases to locations outside the Commonwealth of Virginia that we are legally permitted to ship to, and We, or such third parties, may ship your wine purchases to You at such locations.
- Privacy. We collect information from You relating to Customer Information, Your Product preferences, and Your Product purchases. We use this information to provide information to You about Our business and Our Products, to provide, sell, deliver, and/or ship Products to You, to invoice, debit, and/or credit You for Products You purchase or for permitted Product returns. We may share information You provide to Us in connection with the activities noted above and/or as otherwise permitted by applicable law and/or these Terms.
- Miscellaneous, Age Verification, No Third Party Alcohol Products. (a) The Terms are the entire agreement between You and Us and they supersede all prior or contemporaneous agreements, representations, and understandings. (b) Only We may change the Terms in accordance with the Terms. (c) Any party may waive performance of any Term by another party by written notice signed by the waiving party to the other party or by Electronic Notice from the waiving party to the other party. No other waivers shall be effective. (d) All obligations incurred by a party under the Terms, including, but not limited to Payment Terms, and License Terms shall survive termination of the Terms. (e) In the event that a party commences litigation, mediation, or arbitration of a dispute against another party in connection with the Terms, the legal expenses and costs, including, but not limited to attorneys’ fees and other costs of litigation, mediation or arbitration, of the party that prevails in such litigation, mediation, or arbitration shall be paid by the party that did not prevail. (f) We may assign the Terms to a successor in interest without notice and/or to another person or entity by written notice or Electronic Notice to You. You may not assign the Terms without Our prior written consent, which consent may be given or refused in Our sole discretion, and, if given, by either by written notice or Electronic Notice by Us to You. (g) We shall not be liable to You for any failure or delay in performance due to causes beyond Our reasonable control, including, but not limited to, weather, fire, storm, flood, earthquake, or other acts of God, war, terrorism, embargo, boycott, strikes or other labor disputes, delays or failures in transportation, acts of government, civil, or military authority, delays or failures by suppliers, and other causes beyond Our reasonable control. Our time for performance shall be extended by a period of time at least equal to the time period of the foregoing cause or causes. (h) The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and applicable laws of the United States, except laws concerning conflicts of law, and venue for all permitted lawsuits and arbitrations in connection with these Terms shall be in the state courts located in Loudoun County, Virginia, or the federal courts located in the Eastern District of Virginia, unless otherwise agreed in writing by the parties to such lawsuits or arbitrations. You consent to personal jurisdiction of courts and arbitrations in such courts and will not object to such venues. (i) Risk of loss for Products purchased by You shall pass to You at the time of purchase of the Products from Us, and We shall have no liability for loss of, damage to, or injury to such Products after purchase by You. You acknowledge and agree that You may purchase insurance to cover such risk of loss and that We will not purchase such insurance for You. (j) If any person believes the BFV Website or Content infringes that person’s copyright, that person should provide notice in writing to Bozzo Family Vineyards, attention Copyright Notice Manager, 35226 Charles Town Pike, Purcellville, VA 20132, email address: email@example.com, with the following information: (i) signature of copyright owner or person authorized to act on behalf of the owner; (ii) identification of copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address); (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, 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 authorized to act on behalf of the owner of the exclusive right allegedly being infringed. (k) The remedies of BFV set forth in the Terms are cumulative, in addition to, and not in lieu of, all rights and remedies available to BFV at law or in equity. (l) You represent, warrant, covenant, and agree as follows: if You are a natural person, You are an adult, are competent to make this agreement, if You purchase wine Products, You are at least 21 years of age at the time of purchase, and that the Terms are Your binding agreement; and, if You are an entity, You are duly formed under the laws of the United States or the several States and are in good standing, that all acts legally required to make this agreement have been taken, that the representative using the BFV Website and purchasing Products on Your behalf has been duly authorized by You to do so, and that the Terms are Your binding agreement. (m) We reserve the right to make wine substitutions and/or provide credits, at Our option, in connection with wine purchases. (n) So that We are in compliance with Virginia law, You will not bring onto our premises any alcohol products provided to You by others.
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