AGREEMENT BETWEEN USER AND WWW.CUTBOWWINE.COM
Welcome to Cutbow Wines. The www.cutbowwine.com website (“the site” or “the website”) is comprised of various web pages operated by cutbowwine.com. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the”Terms”). Your use of the website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.cutbowwine.com is an ecommerce site
Privacy
Your use of the website is subject to cutbowwine.com’s Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.
Electronic Communications
Visiting the website or sending emails to cutbowwine.com constitutes electronic communication. 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 website 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 restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that cutbowwine.com is not responsible for third party access to our account that results from theft or misappropriation of your account. Cutbowwine.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Cutbowwine.com does not knowingly collect, either online or offline, personal information from persons under the age of twenty-one. If you are under 21, you may not use www.cutbowwine.com
Wine Club Membership
By joining one of the wine clubs you acknowledge that you are over 21 years of age and authorize Cutbow Wines to charge the credit card on file for two consecutive shipments.
Our hope is that you will remain lifelong members, but we understand that things do happen. If you would like to cancel, please let us know via email, at least one month prior to your next shipment.
Link to third-party sites / Third party services
www.cutbowwine.com may contain links to other websites (“Linked Sites''). The Linked Sites are not under the control of cutbowwine.com, and cutbowwine.com is not responsible for the contents of association with its operators.
Certain services made available via www.cutbowwine.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.cutbowwine.com domain, you hereby acknowledge and consent that cutbowwine.com may share such information and data with any third party with whom cutbowwine.com has a contractual relationship to provide the requested product, service, or functionality on behalf of www.cutbowwine.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 www.cutbowwine.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to cutbowwine.com 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 that 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 cutbowwine.com 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. cutbowwine.com 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 cutbowwine.com 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 cutbowwine.com or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
cutbowwine.com has no obligation to monitor the Communication Services. However, cutbowwine.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. cutbowwine.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
cutbowwine.com reserves the right at all times to disclose any information as 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 cutbowwine.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your personal information in any Communication Service. cutbowwine.com does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, cutbowwine.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized cutbowwine.com spokespersons, and their views do not necessarily reflect those of cutbowwine.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.cutbowwine.com or posted on any cutbowwine.com web page.
cutbowwine.com does not claim ownership of the materials you provide to www.cutbowwine.com (including feedback and suggestions) or post, upload, input, or submit to any cutbowwine.com Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting cutbowwine.com, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. cutbowwine.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in cutbowwine.com’s sole discretion. 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 Submissions.
Third-Party Accounts
You will be able to connect your cutbowwine.com account to third-party accounts. By connecting your cutbowwine.com account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by cutbowwine.com from our offices in 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 cutbowwine.com Content accessed through www.cutbowwine.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. cutbowwine.com may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Exceptions for when you will be charged at the time your order is placed are orders or preorders paid for with a Gift Card.
cutbowwine.com reserves the right to limit the number of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account and the same credit card and also to orders that use the same billing and/or shipping address. We will notify the customer should such limits be applied. Cutbowwine.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from cutbowwine.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Pricing Information
We cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the website. Cutbowwine.com reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from cutbowwine.com. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the website or from prices available in cutbowwine.com locations.
It is important to note the following: some physical locations do not honor Internet prices or competitor advertisements from outside of a local trade territory, and our website e-commerce site does not price match with any other online or offline retailer.
Promotional Codes
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Information Provided on the Website.
The Materials that appear on the website are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the website, you should confirm any facts that are important to your decision.
Appearance
We have made significant efforts to accurately display the appearance of colors on products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the actual product color.
Indemnification
You agree to indemnify, defend and hold harmless cutbowwine.com, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ 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. Cutbowwine.com 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 cutbowwine.com in asserting any available defenses.
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. CUTBOWWINE.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CUTBOWWINE.COM 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. CUTBOWWINE.COM 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 CUTBOWWINE.COM 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 CUTBOWWINE.COM 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
Cutbowwine.com 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 cutbowwine.com as a result of this agreement or use of the Site. Cutbowwine.com’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of cutbowwine.com’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 cutbowwine.com 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 cutbowwine.com with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and cutbowwine.com 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 of the parties that this agreement and all related documents be written in English.
Changes to Terms
cutbowwine.com reserves the right, in its sole discretion, to change the Terms under which www.cutbowwine.com is offered. The most current version of the Terms will supersede all previous versions. Cutbowwine.com encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
cutbowwine.com welcomes your questions or comments regarding the Terms:
Physical Address
Cutbow Wines
2975 Limestone Way
Paso Robles, CA 93446
Mailing Address
2975 Limestone Way
Paso Robles, CA 93446
Email: info@cutbowwine.com
Effective as of May 10, 2024