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Terms of Use

Terms of Use

TERMS AND CONDITIONS


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE, AS WELL AS THE PRIVACY POLICY BELOW AND THE ORDERING AND SHIPPING PAGE ON THIS SITE, CAREFULLY BEFORE USING THIS WEBSITE AND BEFORE PLACING ORDERS. All users of this site agree that access to and use of this site are subject to all terms noted on the ordering and shipping page, the following terms and conditions noted on this page, as well as any ordering, shipping, payment, and terms and conditions listed on all other redirected sites to include but not limited to, other wine brands’ web sites and PayPal. All users agree to abide by all applicable laws. If you do not agree to all of these terms and conditions listed on this site and all other redirected sites, then do not use this site and do not place any orders.

Copyright

The entire content included in this site, including but not limited to text, graphics, images, videos, reviews, ratings, or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Rocky Road Wine, LLC. The collective work includes works that are licensed to Rocky Road Wine, LLC. Copyright 2014, Rocky Road Wine, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rocky Road Wine, LLC or purchasing Rocky Road Wine, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Rocky Road Wine, LLC or to purchase Rocky Road Wine, LLC products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by Rocky Road Wine, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks, and trade names of Rocky Road Wine, LLC used in the site are trademarks or registered trademarks of Rocky Road Wine, LLC.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Rocky Road Wine, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Rocky Road Wine, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Rocky Road Wine, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Rocky Road Wine, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Rocky Road Wine, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Rocky Road Wine, LLC product is mistakenly listed at an incorrect price, Rocky Road Wine, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
Rocky Road Wine, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Rocky Road Wine, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Rocky Road Wine, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Rocky Road Wine, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Rocky Road Wine, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Virginia,
U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Rocky Road Wine, LLC products) shall be in the state or federal courts located in Fairfax County, Virginia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Rocky Road Wine, LLC products) must be commenced within ninety (90) days after the claim or cause of action arises. Rocky Road Wine, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Rocky Road Wine, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

We welcome your questions, comments, and concerns about terms and conditions. Please email us any and all feedback pertaining to terms and conditions, or any other issue to: customerservice@RockyRoadWine.com with the term "TERMS AND CONDITIONS ISSUE" typed in the subject line.

Use of Site and Ordering

By using this site, other wine brands’ site, PayPal, and any other redirected sites for wine ordering, shipping, payment, and processing, you attest that you are 21 years of age or older and authorized to order and receive wine shipments. If you place an order for wine, you also state that you understand and will abide by the requirement that an adult aged 21 years of age or older will be present at the time of delivery and will present a valid government issued photo ID displaying a birthdate.

Harassment in any manner or form on the site, including via e-mail, comments, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rocky Road Wine, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation
Disclaimer
  
Rocky Road
Wine, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Rocky Road Wine, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Rocky Road Wine, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Rocky Road Wine, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Rocky Road Wine, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Rocky Road Wine, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Rocky Road Wine, LLC, Rocky Road Wine, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rocky Road Wine, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Rocky Road Wine, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 

 

PRIVACY POLICY


What information is collected?

  • Information is collected from you when you register on the site, place an order, enter a promotional campaign, respond to a survey or communication such as e-mail, or participate in another site feature.
  • When ordering or registering or signing up for club membership (as applicable), you may be asked for your name, e-mail address, mailing address, phone number, credit card information, or other information. You may, however, visit our site anonymously.
  • Information is collected about gift ecipients so that we can fulfill the gift purchase. The information collected about gift recipients is not used for marketing purposes.
  • Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Cookies" section below for information about cookies usage. 

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a promotional campaign, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: 

  • To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To administer a contest, promotion, survey, or other site feature.
  • If you have opted-in to receive our e-mail newsletter (as applicable), we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on the e-mail list and receive e-mail communications.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Cookies

Yes, cookies are used. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information (PII) unless we provide you with advance notice, except as described in this privacy policy. The term "outside parties" does not include Rocky Road Wine, LLC. It also does not include website hosting partners, ordering and shipping providers and transaction processors, other wine brands’ sites, payment portals and clearinghouses, and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

How can you opt-out, remove or modify information you have provided?

To modify your e-mail subscriptions, please modify your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses, and payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on December 15, 2013.

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please email us any and all feedback pertaining to privacy, or any other issue to: customerservice@RockyRoadWine.com with the term "PRIVACY ISSUE" typed in the subject line.

Online Policy Only

This online privacy policy applies only to information collected online and not to information collected offline.

Terms and Conditions (noted above)

Please also visit the entire TERMS AND CONDITIONS section establishing the use, disclaimers, and limitations of liability governing the use of the website.

Your consent

By using this site or placing an order, you consent to our privacy policy and all privacy and terms of use, conditions, and any other site and redirected site policies, ordering and shipping polices, and payment processing policies. 

 

 

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