Terms & Conditions

Last Updated: September 1, 2021

GENERAL TERMS AND CONDITIONS

Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. 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. You agree that our company 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 our website may not be legal by certain persons or in certain countries. 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 our company 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 our company in writing. The Terms and Conditions, along with our Privacy Policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. 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 our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of our company shall be null and void. These Terms and Conditions will insure to the benefit of our company’s 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 and have no binding effect.

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

This website contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. 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).

THE SALE OF ALCOHOLIC BEVERAGES
Legal Requirements

We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, 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. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. Your credit card will be charged at the time your order is placed. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. Payment for all orders must be in US currency. 

Errors and Omissions

Occasionally, our listed prices, bottle sizes 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, we shall be held harmless for any such errors.

Disclaimer of Warranties

ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, 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 VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE 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. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.

Mailing List Program Overview
At Peter Michael Winery, we are committed to a limited production of high-quality wines. The winery offers wine each Spring and Fall to our mailing list members. In advance of each release, members receive the details of their offering both by e-mail and US mail. Member’s offerings are based on their length of participation in our program and buying histories. Due to our small production, we are not able to offer all wines to all members.

Ordering
Our releases are conducted on a first order processed, first order filled basis. Quantities are limited. Offerings are not guaranteed. Please order early to avoid disappointment. Ordering Online is Preferred – Orders placed in our online store are processed immediately by our system. To expedite your order, please click on “Login” at www.petermichaelwinery.com to access your account and offer. You may also place your order by contacting our Member Support Team at pm@petermichaelwinery.com or by phone at 800-354-4459. We no longer recommend placing orders via fax or conventional mail due to the processing delays inherent in them.

Sales Tax
Appropriate sales taxes and fees will be applied to shipments as required by state and local tax authorities in the following states: AL, AZ, CA, CO, CT, FL, GA, HI, ID, IL, IN, KA, KY, LA, MD, ME, MI, MN, NE, NH, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, VA, VT, WA, WV, WI and WY.

PETER MICHAEL WINERY TEXT MESSAGING TERMS AND CONDITIONS
Effective: September 26, 2024

These Terms and Conditions (“Terms”) are a legal agreement between PETER MICHAEL WINERY (“PETER MICHAEL WINERY”, “we”, “us”, “our”) and you, which describes the terms and conditions applicable to your use of our SMS messaging program (the “Platform”). By registering for or using our Platform, you agree to abide by all of the terms and conditions of these Terms between you and us. You agree to use our Platform in accordance with these Terms of Use, our Privacy Policy, and any additional rules that may apply to specific functionality of our Platform.

The Platform
PETER MICHAEL WINERY operates the Platform that sends opted-in subscribers SMS messages to interact with PETER MICHAEL WINERY by text message. Subscribers can also expect to receive periodic conversational, informational and promotional messages from PETER MICHAEL WINERY.

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from us, our affiliates, subsidiaries, and related entities. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Platform, you knowingly consent to such communications from the Platform or for
the Platform to use your cell phone number or mobile device number in accordance with these Terms. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Platform, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time.

You can cancel the SMS service at any time. Just text "STOP" to the number or short code that sent you the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at pm@petermichaelwinery.com

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://petermichaelwinery.com/privacy-policy

Any such communications you receive from us will be administered in accordance with your preferences and these Terms.

In providing your mobile device number or cell phone number to the Platform, sending or receiving text messages via the Platform, you knowingly consent to SMS or "text" messages transmitted or received within the Platform being recorded and stored. You acknowledge that such messages are the data of PETER MICHAEL WINERY and will be viewable and processed by PETER MICHAEL WINERY and by RedChirp, LLC (“RedChirp”) (the provider of the Platform), and you knowingly consent to the same.

Content and User Submission
Except for public domain materials, all the contents (including, but not limited to, information graphics, pictures, descriptions, etc.) published on our Platform (“Content”) are protected by applicable intellectual property laws, and are owned by us, or the party credited as the provider of the Content. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through our Platform.

Access and Availability of Service and Links
Our Platform may contain links to other related websites. You agree that we will not be liable for the availability of these outside resources or their content. By including links to external websites and information, such placement on the Platform does not constitute an endorsement, affiliation, approval, or any other affiliation or relationship with the third party content and website. You should direct any concerns regarding any external link to the customer service of such websites.

Registration and Security
If you register an account on our Platform, as part of the registration process, you may give us certain registration information, all of which must be accurate and updated. You may not: (i) select or use information of another person with the intent to impersonate that person; or (ii) use information in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your account.

You shall notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your information.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your user ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

We reserve the right to gather and use information about your usage and agree to maintain your data privacy, in accordance with our Privacy Policy, which is incorporated herein.

We may contact you regarding your participation in user surveys, asking for feedback on our Platform and existing or prospective products and services. This information will be used to improve our Platform and our Apps and better understand our users.

Fees and Payments
We reserve the right at any time to charge fees for access to portions of our Platform or our Platform as a whole. However, in no event will you be charged for access to our Platform unless we obtain your prior agreement to pay such charges.

If at any time we require a fee for portions of our Platform that are now free, we will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through our Platform. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of our Platform through your account.

You expressly agree that our Platform shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.

Representations and Warranties
You represent, warrant and agree that no materials of any kind submitted through your account to the Platform will (i) violate, plagiarize, or infringe upon the rights of any third party or (ii) contain libelous or otherwise unlawful material.

Our Platform is available “as is.” We do not warrant that our Platform will be uninterrupted or error-free. We are not responsible for the availability, content or services of other third-party providers that may be linked to or posted within our Platform. While we intend to take reasonable steps to prevent the introduction of viruses, worms, or other destructive materials to our Platform, we do not guarantee that our Platform or materials that may be downloaded from our Platform do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Platform and any materials available through our Platform, you do so solely at your own risk.

Indemnification
You hereby indemnify, defend and hold us and RedChirp harmless from and against any and all liability and costs incurred by us or RedChirp in connection with any claim arising out of any breach by you, or any user of your account, of these Terms, or related to the Platform or the Content. You shall cooperate as fully as reasonably required in the defense of any such claim.

Limitation and Liability
Under no circumstances shall we or RedChirp be liable for any indirect, incidental, special or consequential damages of any kind that result from the use of or the inability to use all or any part of our Platform even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, products, or services on our Platform, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using our
Platform.

Software Licenses
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access our Platform. You may not sublicense, assign, or transfer any licenses granted by us, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.

Termination
We and RedChirp may terminate or cancel your access to our Platform at any time, with or without cause, with or without notice. In the event of such termination, any information you have stored on our Platform may not be retrieved later.

Changes to these Terms
PETER MICHAEL WINERY may revise these Terms or the Platform, or stop providing the Platform, at any time and without notice to you. PETER MICHAEL WINERY encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Platform after such posting constitutes your consent to be bound by the Terms, as amended. If we make any material changes to this Policy, we may also notify you either through the email address you have provided, or by placing a prominent notice on our website.

Governing Law
These Terms shall be governed by the laws of the State of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in Sonoma County, California and the United States District Court for Sacramento, with respect to such matters.

Survivability
If any provision of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.