Terms and Conditions
Terms and Conditions
In order to enhance your experience of our products, Archer Roose, Inc. and its affiliates and subsidiaries (collectively, “Archer Roose” “we” “us” or “our”) makes this website and its subdomains available for the personal use and enjoyment of visitors who are of legal drinking age (the “Website”). We have established these Terms and Conditions (the “Terms”) so that you will know what is expected from us, and we will know what to expect from you. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS.
YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS WEBSITE. IF YOU ARE NOT OF LEGAL DRINKING AGE, DO NOT AGREE TO THESE TERMS, OR IF YOU LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
PERSONAL AND NON-COMMERCIAL USE
This Website is for your personal, non-commercial use only. The copyrights to all contents of this Website are proprietary to us or our third-party licensors, and you may not reproduce, display, post on any other website, modify, distribute, perform, reuse, broadcast, or otherwise transmit any portion of this Website without our written consent. All content, names, logos, taglines, trademarks, service marks, design marks, trade dress, brand identities, graphics, artwork, videos, music, software and other intellectual property contained on this Website are owned or licensed by us and may not be used by you without our prior written consent.
UNLAWFUL AND PROHIBITED USE
You represent and warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in these Terms and on this Website. Any unauthorized use of the content of this Website may subject you to civil or criminal penalties.
DISCLAIMERS OF WARRANTIES; DAMAGES; LIMITATION OF LIABILITY
Although we make all reasonable efforts to ensure that the content of the Website is up-to-date and correct, we make no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY PURSUANT TO THESE TERMS EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
USER INPUT AND SUBMISSIONS
You acknowledge that any electronic mail, electronic messaging or other input to us through this Website is non-confidential. The submission of such materials in no way creates any obligation or duty on our part to post or use such materials or, if we do so, to give you credit or payment. You represent and warrant that you own or have permission to transmit any materials, videos, GIFs, images, photographs, content, or communications (collectively, “Material(s)”) transmitted by you to this Website and that such Materials do not infringe upon, misappropriate, or violate the copyright, trademark, other intellectual property, publicity, or privacy rights of any third party or non-person, whether living or dead. By submitting, transmitting or posting any Material to this Website, you grant us and all other such third parties as we may designate, the absolute, irrevocable, worldwide, perpetual right and permission to reproduce, publish, store, post, display, distribute, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment.
All Material you submit to us through the Website must be your original creation – in other words, you must have created the Material. If the Material is not your original creation, the person who created the Material must submit it. By submitting Material to the Website, in addition to the representations and warranties in the paragraph above, you represent and warrant that you are at least legal drinking age, and that such Material, including the contents thereof, is your original creation, has not been copied in whole or in part from any other work, and is your sole and exclusive property.
In addition to the rights granted above, by submitting Material to the Website which feature or include your image or likeness, you hereby grant us permission to use your image or likeness as it appears in any such Material and to reproduce, publish, store, post, distribute, display, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, and to post such Material (as submitted, or as edited, modified or otherwise changed at our sole discretion) in composite or distorted character, with or without accompanying music or credit to you, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment. If you submit any Material that contains the image or likeness of any person other than you, you agree to obtain written permission from each such person for us to use such image or likeness as it appears in such Material and to post such Material on the Website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you represent and warrant that you have obtained such written permission and that such person is of legal drinking age.
Any Material submitted to the Website that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material; any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or the rights of third parties; or that is otherwise deemed by us, in our sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any Material will not be accepted or posted, or may be removed to the extent permissible by law, if we believe, in our sole discretion, that it contains any of the following: (a) persons under the legal drinking age; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including without limitation, photographs owned by third parties, images or likenesses of celebrities or other individuals, third party trademarks, artwork, music, videos, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) defamatory or libelous content; (h) content disparaging our brand or any of our competitors; (i) racist or sexist content; (j) harassing, abusive, vulgar or pornographic content; (k) gambling; (l) false or misleading content; (m) trade secrets, or other confidential commercial or financial information; (n) private information of any third party including without limitation, address, phone number, email address, social security number or credit card information; (o) malicious code, viruses, spyware, trojans or other harmful components; or (p) any content in poor taste.
You must be of legal drinking age to submit Material to the Website.
You will be required to register an account to use parts of the Website or services, including to order wine or other merchandise. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Website. Additionally, you must update your account information to keep it accurate, current, and complete.
You are the sole authorized user of any account you create and responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by any person under the age of 21, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify us by email at email@example.com.
We will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or to order our wine. We may also suspend or terminate your account if, in its sole discretion, it believes: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Platform or Services; (c) your continued use of the Platform or Services may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any of our employees, Retailers, or delivery drivers. You agree not to create an account or use the Website if you have been previously removed by us, or if you have been previously banned from use of the Website.
The information you provide must be accurate and complete, and you must keep it current. You agree that you will use your legal name and actual date of birth on all accounts and orders you create, or your order may be declined.
If you wish to deactivate your account for any reason, notify us by email at firstname.lastname@example.org. If your account has been deactivated, we may, but are not obligated to, reactivate your account upon written request by email or through our contact form.
The third-party websites (including but not limited to social media platforms) linked from this Website, or any link contained in a linked site, are not under our control, and we do not assume any responsibility or liability for such third-party content. We provide these links for your convenience only, and we make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such content. You are responsible for complying with the policies of any third-party website you visit.
The fact that this Website may be linked to or by third party websites does not indicate that we have granted permission to link, and does not constitute an affiliation with, endorsement or recommendation of such third-party website.
This Website is created and controlled by us in the Commonwealth of Massachusetts. You agree that any claim arising from or relating to this Website, the products or services provided through this Website or these Terms shall be governed by the substantive laws of Massachusetts, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States.
We are the owner or exclusive regional licensee of the trademarks of our products listed on this Website and all related logos and designs, and many other trademarks, service marks, design marks, logos, taglines and trade dress (collectively, the “Trademarks”) in the United States and other countries.
These Trademarks may not be used: (a) by any third party or in connection with any product or service that is not authorized by us; (c) in any manner which is deceiving to the public or which would impair, dilute, or diminish the value of the Trademarks or harm our reputation; (d) in any modified manner, unless authorized by us; and (e) in any manner likely to cause confusion, disparagement, or dilution as to source.
TERMINATION OF USAGE
We may terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, upon your violation of these Terms. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You shall indemnify, defend and hold Archer Roose, and its shareholders, subsidiaries, affiliates, officers, directors, members, managers, agents, other business partners and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Materials you submit, post, transmit or make available through the Website; (b) your use of the Website; (c) your connection to the Website; (d) your violation of these Terms; or (e) your violation of any rights of another.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Website by third parties not within our control. We are under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others, and it is our policy not to permit Materials known by us to infringe another party’s copyright to remain on the Website. Accordingly, we comply with the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).
If you believe any Materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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 agent, or the law; and
- 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 an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated Copyright Agent as follows: email@example.com; or Archer Roose, Inc. 6 Liberty Square, #2677 Boston, MA 02109 Attn: Copyright Agent, Legal Department.
Upon receipt of a notice of infringement that complies or substantially complies with the DMCA, we will act promptly to remove or disable access to any Material claimed to be infringing. We will take reasonable steps to notify the user that created or posted the relevant Material that it has removed or disabled access thereto. Any user whose Material has been removed or disabled in accordance with this policy may provide us with a counter notification under the DMCA. Such counter notification must be provided in writing addressed to our Copyright Agent at the address listed above and must contain:
- The user’s electronic or physical signature;
- Identification of the Material that has been removed or to which access has been disabled and the location at which such Material appeared before it was removed or disabled, including the complete URL;
- A statement under penalty of perjury that the user has a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled; and
- The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which we may be found and that the user will accept service of process from the person who provided the initial notification of infringement.
The DMCA allows us to restore removed content if the party filing the original DMCA notice does not file a court action against the user within 10 business days of receiving the copy of the counter notification.
Please be aware that if you knowingly materially misrepresent that Material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall we be liable for any claim of copyright infringement which may arise from the posting of any Material on any third-party website or that may arise from any other unauthorized use by a third party of such Material or other user generated content.
ACKNOWLEDGMENT AND CHANGES
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.