Terms & Conditions

Terms and Conditions

1. Acceptance of Terms -- These Website Terms and Conditions (the “Terms and Conditions”) apply to the website located at “www.westgatewinestore.com” and any successor website, subdomain, subsite, or mobile application which links to or references these Terms and Conditions (the “Websites”), which are owned and operated by Westgate Wine, LLC. (“Westgate”).
   
   The Websites provide users with access to information and materials about Westgate and its suppliers and distributors. These materials may include information related to certain products and services (“Products and Services”) offered by Westgate. The Websites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Westgate, Products and Services, “Content”).
   
   PLEASE NOTE: Your access to and use of the Websites is subject to these Terms and Conditions, as well as all applicable laws and regulations. Please read these Terms and Conditions carefully. If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorized to access or otherwise use the Websites or any information, Content or Products and Services contained on the Websites. Your access to and use of the Websites constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms and Conditions may be changed, modified, supplemented or updated by Westgate from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use the Websites after such changes are posted; provided, however, that the Westgate may provide notice by means of conspicuous alert or notification displayed on the Websites in the case of substantial revisions. Unless otherwise indicated, any new Content, Products and Services added to the Websites will also be subject to these Terms and Conditions effective upon the date of any such addition. You are encouraged to review the Websites and these Terms and Conditions periodically for updates and changes. If you are using the Websites on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms and Conditions on behalf of that legal entity.
   
   If you have any questions about these Terms & Conditions, please contact us as described at kayla@westgatewinestore.com.

 

2. Limited License and Site Access; All Rights Reserved – Use of the Websites is limited to persons 21 year of age or older.  Subject to your compliance with these Terms & Conditions, Westgate hereby grants you a limited license to access and make personal use of these Websites, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Westgate (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Websites or the Content; any derivative use of the Websites or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Websites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Westgate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Westgate without Westgate's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Westgate's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Websites and any Content, features, Products and Services offered on these Websites, including any and all intellectual property rights.  Any software applications available on or through the Websites are licensed, not sold, to you. The Westgate may assign these Terms & Conditions or any part of them without restrictions. You may not assign these Terms and Conditions or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Westgate.

 

3. The Sale of Alcoholic Beverages -- By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or 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 us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use you are not authorized to use the Websites. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we reserved the right to report this to the appropriate authorities and prosecute you fully to the extent allowable by law.

 

4. Title and Ownership -- Title to, and ownership of, all alcoholic beverages passes from us to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from our store/warehouse to his/her home State. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.

 

5. Availability of Products and Services – Due to offers that are limited in time or availability, certain Products and Services described on the Websites may not be available to all users.   The Websites may provide certain summary descriptions or other helpful information regarding Products and Services. Westgate attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.  The Westgate attempts to be as accurate as possible with our product descriptions. However, the Westgate does not warrant that product descriptions or other Content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE WEBSITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Websites does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

 

6. Return Policy -- All sales made through our Web site are subject to our return policy, available at http://www.westgatewinestore.com/returns 

 

7. Order Limitations/Limited Quantities -- We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.

 

8. Copyright – Except as otherwise expressly stated, all Content appearing on the Websites is the copyrighted work of Westgate or its third party Content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Westgate and is protected by U.S. and international copyright laws.
   
   You may download information from the Websites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Websites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Westgate or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Westgate. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Westgate does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Websites will not infringe rights of third parties.

 

9. DMCA -- If you believe that any Content on the Websites violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at kayla@westgatewinestore.com with reasonably sufficient detail necessary for us to consider and respond to your complaint.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to: kayla@westgatewinestore.com.

 

10. Ownership of information submitted via the Websites -- Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to this web site (“Submission”) will be considered non-confidential. The Westgate is under no obligation to post or use any submission and may remove any submission at any time in its sole discretion. Unless otherwise expressly stated in writing by Westgate, no compensation will be paid with respect to the use of any submission. Westgate shall have no obligation to preserve, return or otherwise make available to you or others any submission.
    
    Westgate shall: (a) own, exclusively, all now known or later discovered rights to the submission; and (b) be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission. The rights granted to Westgate include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of your submission.
    
    You understand and intend that any submission may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any submission. By providing your submission to Westgate, you hereby waive any privacy expectations that you may have with respect to any such submission. You hereby agree to hold Westgate and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Westgate site, or any other use authorized under these Terms, of your Submission.  

 

11. Privacy -- Your privacy is important to us.  We maintain our Privacy Policy at www.westgatewinestore.com/privacy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our services.

 

12. Parental Controls -- In order to prevent use of the website by persons under the age of 21, parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to information and Content that may be objectionable or harmful to minors as specified by law. We do not sponsor or endorse or control any particular system, service, or provider.

 

13. Connection Requirements -- You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Websites, and Westgate reserves the right to change the access configuration of the Websites at any time without prior notice.

 

14. Accounts -- In order to access certain Content or features of the Websites, you may be required to register with Westgatewinestore.com and create an account. You must not use domain names or web URLs in your username. Your account gives you access to certain portions of the Websites and functionality that Westgate may establish and maintain from time to time and in its sole discretion. By providing us with your email address you consent to our using the email address to send you notices related to the Websites, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Websites and special offers. If you do not want to receive such email messages, you may unsubscribe via any email sent to you. Unsubscribing may prevent you from receiving email messages regarding updates, improvements, or offers.
    
    You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Westgate prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Westgate upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Westgate immediately of any breach of security or unauthorized use of your account. Westgate will not be liable for any losses caused by any unauthorized use of your account.

 

15. Prohibited Use -- Any use or attempted use of the Websites(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Websites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Westgate to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Westgate, or (vii) any use other than the business purpose for which it was intended, is prohibited.
    
    In addition, in connection with your use of the Websites, you agree you will not:

1. Upload or transmit any message, information, data, text, software or images, or other Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Westgate representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

6. Use the Websites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

8. Violate any applicable local, state, national or international law;

9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

10. Delete or revise any material posted by any other person or entity;

11. Manipulate or otherwise display the Websites by using framing, mirroring or similar navigational technology or directly link to any portion of the Websites other than the main homepage, http://www.Westgatewinestore.com, in accordance with the Limited License and Site Access outlined above;

12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Websites or any related networks or systems;

13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;

14. Harvest or otherwise collect information about others, including e-mail addresses; or

15. Use any robot, spider, scraper, or other automated or manual means to access this website, or copy any Content or information on these Websites.

Westgate reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Westgate may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Westgate reserves the right at all times to disclose any information as Westgate deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Westgate's sole discretion.

16. Right to Monitor -- Westgate neither actively monitors general use of the Websites under normal circumstances nor exercises editorial control over the Content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Websites. However, Westgate does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Westgate 's sole discretion, may be illegal, may subject Westgate to liability, may violate these Terms and Conditions, or are, in the sole discretion of Westgate, inconsistent with Westgate's purpose for these Websites.

 

17. No Company Editorial Control of Third Party Content; No Statement as to Accuracy -- To the extent that any of the Content included in the Websites is provided by third party content providers or other website users, Westgate has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Websites are those of such third party suppliers or users, respectively. Westgate does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Websites or referenced Content or service providers will not infringe rights of third parties not owned by or affiliated with Westgate.

 

18. Links to Third Party Websites -- The Websites may contain hyperlinks to other sites owned and operated by parties other than Westgate. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Websites provide hyperlinks to other Websites that are not owned, operated or maintained by Westgate, you acknowledge and agree that Westgate is not responsible for and is not liable for the Content, products, services or other materials on or available from such Websites.  We accept no liability for any information, products, advertisements, Content, services or software accessible through these third party Websites or for any action you may take as a result of linking to any such website. Any such Websites are likely to set forth specific Terms and Conditions and Privacy Policies that you should review. Westgate is under no obligation to maintain any link on the Websites and may remove a link at any time in its sole discretion for any reason whatsoever. Westgate shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such Content, products, services or other materials available on or through any such website. Westgate is not responsible for the privacy practices of any other Websites.

 

19. Rules for Sweepstakes, Contests, Surveys, and Similar Promotions -- Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Websites will be governed by specific rules that are separate from these Terms and Conditions.  By participating in any such promotion, you will become subject to those rules, which may vary from the Terms and Conditions set forth herein. The Westgate urges you to read the applicable rules, which are linked from the particular promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such promotions.

 

20. Disclaimer -- Content and other information contained on the Websites has been prepared by Westgate as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Westgate has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Websites or any other website maintained by Westgate. Users relying on Content or other information from the Websites do so at their own risk.
    
    The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Westgate or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Websites does not affect that purchase in any manner.
    
    YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WESTGATE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. WESTGATE MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

 

21. Limitation of Liability
    
    YOU UNDERSTAND AND AGREE THAT WESTGATE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE WEBSITES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WESTGATE HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE WESTGATE AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITES.
    
    OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE WEBSITES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE WEBSITES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
    
    BY ACCESSING THE WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
    
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

22. Indemnification -- You agree to defend, indemnify, and hold harmless Westgate, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Websites, your use of these Websites, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.

 

23. Notices -- Any notices to you from Westgate regarding the Websites or these Terms and Conditions will be posted on the Websites or made by e-mail or regular mail.

 

24. Electronic Communications -- When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

 

25. General Provisions

1. Entire Agreement -- The Terms & Conditions, the Privacy Policy statement, and other policies Westgate may post on the Websites constitutes the entire agreement between Westgate and you in connection with your use of the Websites and its Content, and supersedes any prior agreements between Westgate and you regarding use of the Websites, including prior versions of these Terms and Conditions.

2. Governing Law; Jurisdiction; Venue; Severability of Provisions --The Terms and Conditions are governed by the laws of the State of North Carolina, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms and Conditions shall be brought exclusively in the federal or state courts of North Carolina and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms and Conditions apply to the maximum extent permitted by law. We both agree that if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms and Conditions will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

3. No Agency Relationship -- Neither these Terms & Conditions, nor any Content, materials, features, or Products and Services of the Websites create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

4. Time Limitation on Claims -- You agree that any claim you may have arising out of or related to your use of the Websites or your relationship with Westgate must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

5. Remedies -- You agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

26. Contacting Us -- If you have any questions or concerns about these Terms & Conditions, please contact us at kayla@westgatewinestore.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
    
    Westgate Wine, LLC
    6405 Westgate Road, Ste 115
    Raleigh, NC 27617
    
    Email: kayla@westgatewinestore.com
    
    Phone: 919-787-4290