Terms — Ink Grade

Thank you for visiting inkgrade.com, the website of Ink Grade Estate Vineyard LLC® (the “Site”). Please take a few minutes to read the important information that follows.

This Site is owned by Ink Grade Estate Vineyard LLC, 899 Adams St. Suite G, St. Helena, CA 94574, USA (the “Company” or collectively referred to as “We,” “Us” or “Our”).

The purpose of this section is to describe the conditions (the “Terms”) that apply to your access and use of Our Site.

Binding Agreement

Use of the Site is available only to those users who are in compliance and agreement with these Terms as well as the other terms and conditions referenced elsewhere on the Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

User Age

Because of the nature of the Company’s business, and its products and services, the Site is not intended for use by persons under age 21. The Company does not knowingly attempt to solicit or receive any information from persons under age 21. Use of the Site, or any registration that may be required to access portions of the Site, or to purchase products or services, including alcoholic beverages, may only be made by those persons who are at least 21 years of age. By using the Site, you are representing that you are at least 21 years of age.

Restricted Territories

Please be aware that some jurisdictions do not permit certain uses of this Site by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. You are responsible for compliance with the laws of your home territory or country. By using the Site, you are representing that you are permitted to do so under the laws and regulations of where you live.

Privacy

It is important that you understand the way in which We will use the information We hold about you. Please refer to Our Privacy Policy (below) for further details.

All materials contained on this site are protected by worldwide copyright laws and may not be copied, reproduced, distributed, transmitted, displayed, published, broadcast or exploited in any way without prior written consent of Ink Grade Estate Vineyard LLC®. However, you may download specified PDF files and slide shows for personal, non-commercial use. You may not alter or remove a trademark, copyright or other notice from copies of the content.

Trademarks

Ink Grade Estate Vineyard LLC® is a registered trademark owned by the Company, along with the other trademarks, logos, and creative materials on Our products and on this Site (except where otherwise indicated). Any use or reproduction of these trademarks without the express prior written consent of the Company is prohibited.

We provide this Site “as is.” We have taken care in preparing materials for the Site but cannot guarantee, without limitation, that:

The Site will or will not be amended or updated at any given time;

Software downloaded from the Site will be compatible with your equipment or free from viruses or other defects;

All materials will be accurate or complete.

Our Liability

To the fullest extent possible at law We (and all of Our sister, parent and subsidiary companies, and Our respective officers, directors, managers, employees, and agents) exclude all liability for any loss or damage (including direct, indirect, economic or consequential loss or damage) suffered by you as a result of any visit to or use of this Site or of any materials provided on it or downloaded from it, as well as your inability to use this Site or any error in the provision of this Site, any computer virus or other executable code that you may download, and any other defect that is transmitted through this Site, whether such loss or damage arises from Our negligence or otherwise, and even if We are expressly informed of the possibility of such loss or damage.

User Submissions

You must take care with the posting of materials to Our Site. We cannot treat these materials confidentially and similarly We will be free to use and to disclose these materials – whether they are ideas, creative concepts or other materials, without payment of any sum or acknowledgement of you as their source. We shall not be held liable for any loss or damage suffered by you as a result of use or disclosure of such materials by us. This paragraph does not affect any rights you may have under data protection or similar laws, to the extent that such rights cannot be excluded or limited by us. Please see our privacy statement for further details.

Links to Other Sites

Links to third-party sites on this Site are provided solely for your convenience. If you use these links, you will leave this Site. These Terms and Our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving Our Site (whether or not they are to a website operated by a third party or by one a company operated by one of Our affiliates or parent). We have not reviewed all of these other websites and We do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about them or any material found there, or the websites that they may link to, including but not limited to any harm or damages that may be caused by their use. If you decide to access any of the websites linked to this Site, you do so entirely at your own risk and subject to other terms and conditions, including other privacy policies.

Linking This Site

If you would like to post a link to this Site you may do so provided that, you only link to Our homepage at inkgrade.com and not to any other page of this Site, and subject to each of the following conditions:

You do not remove, distort or otherwise alter the size or appearance of the Ink Grade® logo;

You do not create a frame or any other browser or border environment around this Site;

You do not in any way state, imply, or otherwise suggest in any manner that the Company is endorsing any products or services other than its own;

You do not state, imply, or otherwise misrepresent your relationship with the Company, nor present any other false information about the Company;

You do not otherwise use any Ink Grade® trademarks displayed on this Site without written permission of the Company;

You do not link from a website that is not owned by you;

And your website does not contain content that is distasteful, offensive or controversial, contains any explicit or depicted sexual content, contains any reference to the abuse of wine, spirits, or other alcoholic beverages, infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.

Other Legal Notices

There are other legal notices on areas of this Site which relate to your use of specific areas. Those notices are incorporated by reference into these Terms.

Changes to These Terms

We may amend these Terms from time to time without notice.

Law and Jurisdiction

These Terms and any matter relating to this Site (including but not limited to Our privacy policy) will be governed in accordance with the laws of the State of California, United States (but without applying California choice of law rules) and the courts of California (both state and federal, as appropriate in the circumstances) shall have exclusive jurisdiction in respect of any dispute or controversy involving your use of this Site, Our privacy policy, and/or your purchase of Our products.

Privacy Policy

Ink Grade® is committed to protecting your privacy. The information that you provide to Ink Grade (sometimes referred to as “We”, “Us” or “Our”) is utilized in order for Us to provide you with the highest level of customer service reflective of the quality of Our brand.

This Privacy Policy (“Policy”) applies when you visit Our website at www.inkgrade.com (the “Site”), the websites of any of Our affiliates, make a purchase from Us, subscribe to Our mailing lists or to Our wine club programs.

Like many other internet sites, We may use “cookies” in some portions of the Site. The cookies We create will not extract any information from your computer. Further details on Our Policy are available below.

Information You Give Us

If you provide information about yourself by purchasing a product (online, in person or by phone), entering a promotion or competition conducted by Us, registering to use one of Our websites or participating in one of the social media functions related to Our product or otherwise voluntarily telling Us about yourself, We will collect and use that personal information to respond to your request and for other business purposes, including improving this Site, Our products and other experiences for Our guests. We may also contact you by email, regular mail, text message or telephone from time to time with information about Our products, products within the LWE family of wineries, upcoming events and/or changes to this Site.

Internet Use-Related Information

We collect information from visitors to Our Site, including but not limited to the referring URL, the IP address, the browser used to locate Our Site, the country, state or province where Our Site was accessed and search terms entered on Our Site. We track visitor’s traffic patterns during their visit to Our Site, including which pages or specific URLs a visitor views while visiting Our Site. We use the information collected to improve Our Site and We may aggregate the statistics about pages viewed on Our Site, demographic information, sales and other shopping information with third parties to enrich your visitor experience.

We may make available third-party applications through Our Site including social media applications for your download or use. Information collected by the third-party application provider is governed by their privacy policies and is not under Our control.

Sale and Transfer

In the event of a sale, transfer, merger, change of control, consolidation, reorganization or liquidation of Ink Grade, or its parent company, We may sell, transfer or assign to third parties information you have provided to Us including, but not limited to, personally identifiable information and other information concerning your relationship with Us.

How To Access Your Personal Information

You have the right to modify the personal information We have about you. You may access and change your personal information including preferences about how We contact you.

If you do not want Us to share your information with affiliates or selected business partners, or wish to have your contact information changed or removed, please contact Us at [email protected].

Security

For your security, Our web-based ordering system utilizes the most up-to-date [Secure Socket Layer (SSL)] technology. This software ensures that all sales transaction information is transferred safely via encrypted methods.

All orders placed on this Site require a credit card. Upon submitting an order, all credit card numbers are transmitted via secure and encrypted methods. If desired, credit card numbers can be kept on file for future purchases. For your security, these credit card numbers are stored in secure, encrypted databases.

The transmission of information via the internet is not completely secure. Although We will protect your personal information in accordance with this Policy, We will not be liable for disclosure of personal information obtained due to errors in transmission.

Public Areas

Any information you post on the public areas of the Site (e.g. chat rooms, bulletin boards) are accessible to and used by others and may result in unsolicited messages or other contact from others. You are advised to use caution when posting personal information about yourself in public areas of this Site.

Not Directed to Minors

Our Site is not intended for people under the legal drinking age and as a result, We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians.

Governing Law

To the extent possible, this Policy and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. We make no representation that this Policy and its practices comply with the laws of any other country.

Subject to the Terms of Use

This Privacy Policy is subject to the Terms of Use for Our Site, a copy of which can be found above.

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