Thank you for visiting our Website. Please read these Terms and Conditions (the Terms) carefully as they set out the conditions that apply to your use of our website, www.mwines.com, (the Website) and all content and materials appearing herein.

By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, please refrain from using the Website. We may update these conditions at any time and from time to time, and your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

By accessing and viewing the Website, you represent that you are 21 years of age or older. As required by the Communications Decency Act of 1996, mwines.com 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.

mwines.com does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.

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.

The Website and its content is protected by copyright and other intellectual property and related rights (“Rights”) which are owned by us and our suppliers. The trademarks, logos, images and brand names shown on the Website are owned by us or our suppliers or partners.

All such Rights are reserved. Except where otherwise indicated on the Website, you may:

• Provide links to the Website as long as you do so in a way that is fair, legal and does not damage our reputation;
• Download and print material from the Website for your own private and personal use;
• Forward material from the Website to other people for their private and personal use provided you credit us as its source.

Provided that you are an existing Customer that engages in commercial trade with us, you may download, distribute and print material from the Website for your own promotional and commercial purposes, provided that you credit us as the source of these materials and that you use any content in a way that is fair, legal and does not damage our reputation. The Website must not be used in any other way, including for commercial purposes, without our prior written approval. If you cease to be a commercial Customer of ours, your license to the foregoing uses will terminate.

You may not reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use by mwines.com. You may not use the site for testing, analysis, or other similar purposes without the express approval of mwines.com. You may not use any meta tags or any other “hidden text” utilizing Martine’s or mwine’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions. Contact info@mwines.com for requests involving any of the uses in this paragraph.

If you engage in any use of the Website in breach of these terms, your right to use the Website will cease immediately and you must return or destroy any copies of the content you have made.

We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period. 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.

The Website is provided only for general information purposes. No guarantee is given by us or our suppliers that the Website is accurate, complete or up-to-date. Therefore, we disclaim all responsibility and arising from any reliance placed on the content of the Website by you, or by anyone who may be subsequently informed by the contents of the Website. 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. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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 responsibility for the content of the linked website(s), and your use of any linked website is subject to the terms of those websites.

These Terms are additional to, and should be read in combination with, our Privacy Policy.

Although Martine’s endeavors to provide current, accurate and reliable information on the site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of the information on the site. Martine’s does not warrant that your use of the site, or the operation or function of the site, any component thereof, or any products, applications, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of malware or other harmful elements. Your use of the site is at your own risk, and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. Martine’s and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. The site’s content is provided “as is” and “as available” without any express, implied, statutory warranty of any kind including warranties of merchantability, title, non-infringement of third-party rights, or fitness for any particular purpose.

In no event shall Martine’s Wines and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for the loss of us, data or profits, arising out of or in any way connected with the site, the use of performance of the site, the delay or inability to use the site, the provision of or failure to provide services, for any events, information, applications, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, event if Martine’s Wines or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the site, or with any of these Terms, your sold and exclusive remedy is to discontinue using the site.

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 mwines.com 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 mwines.com in writing. The Terms and Conditions, along with the Privacy Policy available here, comprise the entire agreement between you and mwines.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Your use of this Website and any dispute arising out of such use of the Website is 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. You agree to submit to the jurisdiction of the courts located in Marin County in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Website.

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 mwines.com. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of mwines.com shall be null and void. These Terms and Conditions will inure to the benefit of mwines.com, 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.

If you are a copyright owner or an agent thereof and believe that any Content on this Website infringes on your copyright, please provide us with a notification in writing pursuant to the Digital Millennium Copyright Act and containing the following information:

• A physical or electronic signature or the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description or identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Website are covered by a single notification, a list of such copyrighted works on this Website, including a description or information reasonably sufficient to permit us to locate the copyrighted work(s);
• Information sufficient to permit us to contact you, including an address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner presented is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement may be sent to the following:

Martine’s Wines
285 Bel Marin Keys Blvd, Ste Q
Novato, CA 94949
Attention: Legal

We may update these Terms at any time. Please review them frequently.

If you have any questions about these Terms or our practices, please contact us at info@mwines.com.