Terms & Privacy
Trademarks, Copyrights and Restrictions
This site is controlled and operated by Santa Cruz Mountain Vineyard. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Santa Cruz Mountain Vineyard or by other parties that have licensed their material to Santa Cruz Mountain Vineyard. Material on www.santacruzmountainvineyard.com or any web site owned, operated, licensed or controlled by Santa Cruz Mountain Vineyard is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited and punishable by law.
By using Santa Cruz Mountain Vineyard’s web site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify Santa Cruz Mountain Vineyard and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
Disclaimer of Warranties and Liability
The materials on Santa Cruz Mountain Vineyard’s web site are provided “as is” and without warranties of any kind either express or implied. Santa Cruz Mountain Vineyard disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Santa Cruz Mountain Vineyard, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of H*R’s web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Santa Cruz Mountain Vineyard or the server that makes them available are free of viruses or other harmful components. The material that you read on Santa Cruz Mountain Vineyard’s web site is provided solely for entertainment and promotional purposes. Santa Cruz Mountain Vineyard does not warrant or make any representations regarding the use or the results of the use of the materials in Santa Cruz Mountain Vineyard’s web site in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that use of the Santa Cruz Mountain Vineyard site is at your sole risk. You (and not Santa Cruz Mountain Vineyard) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Santa Cruz Mountain Vineyard, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of Santa Cruz Mountain Vineyard’s web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other H*R web site. By way of example, and without limiting the generality of the foregoing, Santa Cruz Mountain Vineyard and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Santa Cruz Mountain Vineyard is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Unless otherwise specified, the materials in the Santa Cruz Mountain Vineyard web site is presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Santa Cruz Mountain Vineyard and their affiliates from its offices within the State of California, United States of America. Santa Cruz Mountain Vineyard makes no representation that materials in Santa Cruz Mountain Vineyard’s web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Santa Cruz Mountain Vineyard bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Santa Cruz County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Santa Cruz Mountain Vineyard.
Santa Cruz Mountain Vineyard is committed to providing a unique, safe and secure website. We are dedicated to safeguarding all personal information collected online.
To help ensure a rewarding online experience for all visitors, we provide this summary of our information practices. This privacy notice governs the collection and use of information at www.santacruzmountainvineyard.com.
As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. However, we will treat all personal information we collect in accordance with the privacy notice in effect at the time the information is collected.
- The Information We Collect
At www.santacruzmountainvineyard.com we do not collect personally identifiable information unless our visitors voluntarily provide it to us. For some activities, such as online forums or leaving comments, we may ask visitors to provide information that is not personally identifiable. This might include first name only, city or state of residence, age, or gender. For some other activities, such as subscribing to our newsletter, we may ask visitors to provide an e-mail address.
Visitors who order merchandise, products or other materials from the store at www.santacruzmountainvineyard.com will be required to provide their full name, billing and mailing addresses, e-mail address, telephone number and possibly a credit card number. If the order is being shipped to a third party, we will also need the recipient’s name and mailing address. Before collecting information in connection with a store order, we will verify the validity of the purchaser’s credit card. On occasion, we might solicit additional voluntary information regarding shoppers’ personal shopping preferences.
When visitors come to our site, we automatically collect some non-personally identifiable information such as the type of computer operating system (e.g., Windows 8 or Mac OSX) and browser (e.g., Firefox, Chrome, Internet Explorer) being used, and the domain name of the Internet service provider (e.g., Comcast).
- How We Use the Information
We use visitors’ personal information for internal purposes only, such as subscribing to our online newsletter, or to order from the store at www.santacruzmountainvineyard.com.
We only use the e-mail addresses of subscribers to our www.santacruzmountainvineyard.com updates letter to send them the requested letter(s). Each letter also includes instructions for subscription removal via return e-mail.
We never sell, rent, or otherwise share our visitors’ personal information with third parties. Sometimes, we may use agents or contractors to provide services to our visitors, such as helping us ship customer orders made in the store at www.santacruzmountainvineyard.com. In these cases, we require the agent or contractor to keep the information confidential and to use it only for the specific services they are performing. We sometimes use non-personally identifiable information that we collect to improve the design and content of our site, and to improve our visitors’ experience on www.santacruzmountainvineyard.com. We also may aggregate this information to analyze site usage, as well as to offer products, programs, or services.
We will disclose information we maintain as required by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a specific law enforcement agency’s request.
We will not use or transfer personally identifiable information in ways that are materially different from the ones described above.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
We are particularly sensitive to visitors’ security concerns regarding the use of credit cards to purchase products over the Internet. For orders placed in the store at www.santacruzmountainvineyard.com, we work with Vinespring and under the Vinespring Store Agreement to use a technology that automatically encrypts credit card data while information is being transmitted over the Internet, provided that the visitor’s browser supports the Secure Socket Layer protocol (SSL).
- Contact Us
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Santa Cruz Mountain Vineyard. The collective work includes works that are licensed to Santa Cruz Mountain Vineyard. Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard or purchasing Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard or to purchase Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Santa Cruz Mountain Vineyard used in the site are trademarks or registered trademarks of Santa Cruz Mountain Vineyard.
By using this site you swear and affirm that you are over the age of 21. Without exception, every person using the site or receiving a shipment of alcoholic beverages must be over the age of 21
Shipping and Returns
We aim to ship to mainland United States addresses in 5-10 business days. Wine will be shipped via ground or air. We utilize FedEx, GSO and UPS. Our available delivery states are always being updated. Carriers make three delivery attempts before returning orders to Seavey. It is your obligation to notify Santa Cruz Mountain Vineyard of any billing or shipping changes prior to the first delivery attempt. Extra shipping charges incurred due to an incorrect address, delivery interception, and shipments returned to the winery will be charged to your account. Club members must notify Santa Cruz Mountain Vineyard of any billing or shipping changes prior to the first of the next shipping month.
Wine is perishable and can be damaged by heat in transit. We do our best to make sure shipments arrive quickly and in good condition. For that reason, if the weather is too hot or too cold, at our discretion we may delay shipment until conditions are more favorable. We will keep you notified if this happens.
During June through October, we offer a temperature-controlled delivery option utilizing FedEx Cold Chain, a refrigerated ground shipping option that protects your wine, but which requires a longer shipping period than second-day or overnight shipping options.
With all of our shipping options, you will receive a tracking number via email notifying you when your wine has shipped.
State alcohol regulations require all wine shipments to be signed for by an adult over 21 years of age upon delivery.
Santa Cruz Mountain Vineyard stands behind its wine. In the event that your shipment is damaged, Santa Cruz Mountain Vineyardwill replace it as soon as possible. As a general rule, we will require return of the bottles you haven’t drunk yet.
Questions about an order? If you have questions about an order you have recently placed, or need help with anything, please call our office at (831)-426-6209
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, Santa Cruz Mountain Vineyard disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Santa Cruz Mountain Vineyard 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. Santa Cruz Mountain Vineyard 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
Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard 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.
In the event that a Santa Cruz Mountain Vineyard product is mistakenly listed at an incorrect price, Santa Cruz Mountain Vineyard reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Santa Cruz Mountain Vineyard 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, Santa Cruz Mountain Vineyard shall issue a credit to your credit card account in the amount of the incorrect price.
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 Santa Cruz Mountain Vineyard 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.
Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard.
Your use of this site shall be governed in all respects by the laws of the state of California, 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 Santa Cruz Mountain Vineyard products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Santa Cruz Mountain Vineyard products) must be commenced within one (1) year after the claim or cause of action arises. Santa Cruz Mountain Vineyard’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. Santa Cruz Mountain Vineyard may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Santa Cruz Mountain Vineyard 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.
Santa Cruz Mountain Vineyard 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, Santa Cruz Mountain Vineyard 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, Santa Cruz Mountain Vineyard 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 Santa Cruz Mountain Vineyard in its sole discretion.
You agree to indemnify, defend, and hold harmless Santa Cruz Mountain Vineyard, 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.
In an attempt to provide increased value to our visitors, Santa Cruz Mountain Vineyard may link to sites operated by third parties. However, even if the third party is affiliated with Santa Cruz Mountain Vineyard, Santa Cruz Mountain Vineyard has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Santa Cruz Mountain Vineyard. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Santa Cruz Mountain Vineyard 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).
What information do we collect?
- We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
- We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect 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 “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, 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, 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 our e-mail list and receive e-mail communications from us.
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.
Do we use “cookies”?
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 unless we provide you with advance notice, except as described below. The term “outside parties” does not include Santa Cruz Mountain Vineyard. It also does not include website hosting partners 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 us?
To modify your e-mail subscriptions, please let us know by modifying 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 & 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
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
GOVERNMENT WARNING: (1) ACCORDING
TO THE SURGEON GENERAL, WOMEN SHOULD
NOT DRINK ALCOHOLIC BEVERAGES DURING
PREGNANCY BECAUSE OF THE RISK OF BIRTH
DEFECTS. (2) CONSUMPTION OF ALCOHOLIC
BEVERAGES IMPAIRS YOUR ABILITY TO DRIVE
A CAR OR OPERATE MACHINERY, AND MAY
CAUSE HEALTH PROBLEMS.