Last Modified: July 14, 2023
By using the Dogfarm, LLC (“Dogfarm” or “us”) website (the “Website”) or placing any orders with us, you agree to be bound by the following Terms and Conditions. If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.
General Terms and Conditions
This Website is offered and available to users who are 21 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
License and Website Access
Intellectual Property Rights
Dogfarm grants you a limited license to access and make use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use.
- Use the site for testing, analysis, or other similar purposes without our express approval.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dogfarm. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The Dogfarm name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dogfarm or its affiliates or licensors. You must not use such marks without Dogfarm’s prior written permission. You may not use any meta tags or any other “hidden text” utilizing Dogfarm’s name, portion thereof, abbreviation, or trademarks without our express written consent. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses of Website
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Dogfarm, a Dogfarm employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Dogfarm or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We may update the content on this Website from time to time, without notice, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Neither we nor any third parties warrant the accuracy, timeliness, completeness, performance, or usefulness of this information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. You agree that Dogfarm and its licensors may make improvements and/or changes in the Website content and services or events described in this Website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain countries.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dogfarm, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dogfarm. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links to the Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Dogfarm or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Website, you must seek prior permission for such link by contacting us at email@example.com. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission.
Links from the Website
From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over the content of the linked website(s) or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you experience any difficulty in accessing any part of this Website, or if you need assistance in placing an order or learning about our wines, please call us at 707.974.3059 during normal business hours. Please also contact us if you have feedback on the accessibility of the Website.
- Phone: 707.974.3059
- E-mail: firstname.lastname@example.org
- Postal address: P.O. Box 313 Napa, California 94558
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. By using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Dogfarm reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if, in our opinion, you have violated any provision of these Terms and Conditions.
The owner of the Website is based in the State of California in the United States. Please be aware that some jurisdictions do not permit certain uses of this Website by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. You are responsible for compliance with the laws of your home territory or country. By using the Website, you are representing that you are permitted to do so under the laws and regulations of where you live.
Information About You and Your Visits to the Website
Sale of Alcoholic Beverages
Dogfarm does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Website, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. All guests to Dogfarm must be 21 years of age or older.
You also agree that any alcohol purchased from the Website is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Website. If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Dogfarm shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law.
As required by the Communications Decency Act of 1996, Dogfarm hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Proposition 65 Notice
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
Dogfarm does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.
Credit Card Charges
Errors and Omissions
Occasionally, our listed prices, bottle sizes, vintages or quantities may be incorrect. We make every effort to make sure that our product database is accurate; however, in the event any such mistakes occur, Dogfarm shall be held harmless for any such errors. In the event that a discrepancy is identified prior to processing of an order, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered due to a mistake or otherwise believe that there is a reason to not process the order, and will attempt to contact you in such event. If you make a mistake in the entry of an order that you place, contact us immediately before the order is processed so that we can correct your order. If your order has already shipped before you alert us to an error you made in the entry of your order, you may be responsible for additional shipping costs or other costs we incur as a result.
Sales and Shipping
All wine is sold in the state of California and all orders are processed at and shipped from M7 Wine Solutions, 502 Devlin Road, Napa, California 94558. We collect sales tax for the states to which we ship at the applicable rates for each state. You agree that you are not purchasing wine from Dogfarm to ship to another state or resell, and Dogfarm makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California.
Our recommended order quantities are 2, 6, and 12 bottle packages. Based on the weather, we may restrict Ground Service to certain states in order to maintain the integrity of the wine; during warmer months, we only ship with service to locations with one- or two-day transit times. We ship locally and our shipping prices include packaging materials. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order.
Orders cannot be shipped the same day they are placed online. Shipping wine is complex due to various state-mandated limits and requirements. We verify orders through our state compliance matrix to ensure the legality of all shipments. It takes one business day to verify and process an order, then an additional day for picking and packing.
If you would like to schedule an order with a shipping date in the future, please call us at 707.974.3059 rather than using the online store. We are happy to schedule orders for future shipping dates, pending inventory availability. Upon the third missed delivery attempt, your shipment will be returned to Dogfarm. If this occurs, we retain your original shipping charge and you will be responsible for all expenses to re-ship such shipment back to you.
Due to changes in state direct-shipping laws and regulations, the list of states that we ship to may change at any time. Dogfarm will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Dogfarm in its sole discretion believes that such shipment will not subject us to the risk of any sort of legal action or other harm. <The Website will not allow you to place an order if we cannot legally ship to you./If you live in a state where the direct shipment of wine by us may violate the law, we will contact you to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.>
We will notify you by email when your wines are ready to be picked-up or shipped. Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult 21 years of age or older will be present and available to sign for your shipment. If no one will be at home to accept delivery, we recommend using a business address for shipping, or arranging with your shipper to hold your shipment at their location for pickup. It is the buyer’s responsibility to ensure an adult over 21 years of age is available to sign for the delivery. Shipments will not be delivered if a recipient is not 21 years of age or older or does not have an acceptable form of ID (such as a driver’s license, passport or birth certificate), or the recipient shows signs of intoxication. We will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the buyer at the time of ordering or caused by the failure of an adult to be present or in a suitable state to provide his or her signature at the time the wines are delivered.
Our Guest and Member Services team is available to answer your questions and concerns via the telephone or email. Please call us at 707.974.3059 or email us at email@example.com between the hours of 9:00am and 5:00pm PST, 5 days a week. Please note: we are unable to ship wine out the same day an order is processed.
We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Dogfarm. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Dogfarm shall be null and void. These Terms and Conditions will inure to the benefit of Dogfarm, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Napa and County of Napa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither dogfarm nor any person associated with dogfarm makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither dogfarm nor anyone associated with dogfarm represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, dogfarm hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
To the fullest extent provided by law, in no event shall dogfarm and its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, including any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the website, the use or performance of the website, the delay or inability to use the website, any websites linked to it, any content on the website or such other websites, the provision of or failure to provide services, or for any events, information, applications, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if dogfarm or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the website.
Waiver and Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Dogfarm to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dogfarm in writing.
You agree to defend, indemnify, and hold harmless Dogfarm, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.