Last Updated: October 1, 2022
YOU MAY ONLY USE OUR SITE IF YOU ARE AGE 21 OR OLDER OR OTHERWISE OVER THE LEGAL DRINKING AGE IN YOUR COUNTRY OF RESIDENCE. YOU MUST IMMEDIATELY EXIT THIS SITE IF YOU DO NOT MEET THIS AGE REQUIREMENT.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE BELOW.
By accessing our Site, you agree to these Terms (as may be modified).
We may modify these Terms at any time. Each time you access our Site, it is your responsibility to review these Terms for updates. Your continued use of our Site after we have posted any modifications to these Terms means you accept such modified Terms. If you disagree with these Terms (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits (“Promotional Terms”). If these Terms are inconsistent with those Promotional Terms, those Promotional Terms will control.
You must be 21 years or older to use our Site or purchase alcohol.
If you are younger than 21, please exit our Site immediately. We do not sell alcohol to persons under 21. By continuing, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.
Any purchase of alcohol or other products from our Site is governed by our the terms of sale included with any purchase order.
Please see contact information below for questions regarding product returns, refunds, shipping terms and our other terms of sale.
Site content is protected by United States and international laws.
All content included in or made available through our Site, such as text, images, logos, graphics, and functionality, is the property of Caymus or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by these Terms (or in the case of copyright material, as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service or in any manner that is likely to cause confusion among customers or in any manner that disparages us. Subject to your compliance with these Terms, Caymus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
User Comments and Other Submissions.
We welcome your comments and feedback regarding our Site and our products. We do not, however, accept confidential or proprietary information. By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, and any other submissions (“User Submissions”) in connection with your use of our Site, you grant Caymus an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of and exploit the User Submissions in any manner without limitation (including for any commercial purpose) in any form of medium, whether now existing or developed in the future. You also grant Caymus the right to use (if it chooses) the name that you submit in connection with the User Submission. You may not use a false e-mail address or otherwise mislead as to the origin of any User Submission. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to any person or entity and that none of those submissions contain any viruses, trojan horses or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network. You acknowledge that you may be personally liable for any User Submissions that you post or submit in violation of any laws, any third party’s rights, or these Terms. We reserve the right to remove any User Submission that does not comply with these terms.
When you visit our Site or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
Social Media Rules.
We enjoy engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on our Social Media Sites. You must be 21 or over to visit or post on our Social Media Sites and any communications regarding our products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that we deem offensive, inappropriate or unacceptable in our sole discretion, but we do not regularly review posted content. We take no responsibility for any content posted by you or any third party.
- Respect Others. Follow the golden rule – treat members of our community fairly and with respect. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Nudity and sexually explicit content is not allowed.
- Be Responsible. Do not promote excessive or irresponsible drinking of alcoholic beverages.
- Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
- Don’t Infringe. Do not use it unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
- Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information.
- Don’t Spam. Do not spam or transmit junk mail. Nobody likes junk mail.
- 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21. Sharing content from our Sites with anyone under the legal drinking age is not permitted.
Disclaimers, Limitation of Liability, and Indemnification.
Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.
OUR SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAYMUS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAYMUS DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH CAYMUS ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER CAYMUS NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIDHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAYMUS AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS & CONDITIONS OR ARISING OUT OF ANY CONTENT THAT YOU POST.
Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
Please contact our customer service team with any concerns. Any disputes and claims between us that cannot be resolved by our customer service team will be resolved in accordance with this dispute resolution provision.
Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below. Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify.
There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
You may opt out of these dispute resolution procedures by calling Caymus Vineyards at 707/963-4204 or emailing [email protected] to request the opt out form. Your completed opt out form must be received by Caymus Vineyards within 30 days of the date when you first accept these Terms, or it will not be valid.
The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Caymus will reimburse those fees for claims demanding less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Caymus will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless we agree otherwise, the arbitration hearing will take place in the county of your billing address.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state courts located in Napa County, California or the federal courts located in San Francisco, California having jurisdiction. This provision will survive any termination of these Terms.
Governing Law and General.
The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Caymus.
These Terms, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Any failure by Caymus to exercise any right under these Terms does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.
If you do not understand any of these Terms or if you have any questions, we invite you to contact our customer service team at [email protected] .
Intellectual Property Infringement Notice Procedure under Digital Millennium Copyright Act.
If you believe that your that your copyright, trademark or other intellectual property rights have been infringed on the Site, please submit your complaint to: of infringement may be mailed to our copyright agent:
Michael T. Carlson, V.P. and General Counsel P.O. Box 268 707/547-4204 [email protected]. Written claims of copyright infringement must include:
- Signature of person authorized to act on behalf of copyright owner;
- Description of copyrighted work;
- Description of where the infringing material is located on our Site;
- Your address, telephone number, and e-mail address;
- Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
- Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you’ll receive further instructions about this process in the notification you receive from Caymus.