Terms Of Use
Last Updated: November 1, 2021
These terms of service are applicable to your use of the Amaterra, LLC aka Amaterra Winery (“Amaterra”) websites, including www.amaterrawines.com, all email newsletters provided by Amaterra, and all other interactive features and communications provided by Amaterra (“Sites”). If you choose to sign up for the wine club, your use will be governed by the terms and conditions of our Amaterra Wine Club Terms and Conditions.
This is a legal agreement between you ("you" or "user") and Amaterra that states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of Amaterra’s rules and policies collectively constitute this "Agreement" between you and Amaterra. These terms of service do not govern your access to the winery or any other physical spaces associated with Amaterra.
1. Access License. Amaterra grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Sites or its content. This license does not include any resale or commercial use of the Sites or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Amaterra’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
2. Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Amaterra, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites may only be used for the intended purpose for which such Sites are being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.
3. Trademarks/No Endorsement. All trademarks, service marks and trade names of Amaterra used herein (collectively “Marks”) are trademarks or registered trademarks of Amaterra or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Amaterra trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Amaterra's prior written consent. You shall not use Amaterra’s name or any language, pictures or symbols which could, in Amaterra’s judgment, imply Amaterra’s endorsement in any (i) advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.
5. Third Party Links. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
6. Transactional Partners. In some cases, we partner with another company or partner organization to co-promote their services or events on our Sites. In these cases, you may be transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Amaterra Terms of Service. When there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.
7. Products, Content and Specifications. Details of the products and services available for purchase are set out on the Sites. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.
8. Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Sites.
9. Termination. You or we may suspend or terminate your account or your right to use the Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
10. Representations and Warranties. You represent that you have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Sites is and will be in compliance with all applicable laws.
11. DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER AMATERRA, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMATERRA OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATIONS OF LIABILITY. IN NO EVENT WILL AMATERRA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN NO EVENT SHALL AMATERRA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS (US $25.00).
13. Force Majeure. Neither Amaterra nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
14. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Amaterra’s Privacy Policy AmaterraWines.com/Privacy which is incorporated into and is a part of this Agreement.
15. General. Any claim relating to, and the use of, the Sites and the materials contained herein is governed by the laws of the State of Oregon. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Amaterra in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
16. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us by email at Info@amaterrawines.com.
17. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2021, Amaterra, LLC. and its related organizations, partners or its licensors. ALL RIGHTS RESERVED.