TERMS OF USE
Thank you for visiting www.tenutafa.com, the website of Tenuta Foppa & Ambrosi Wines LLC (the “Site”). Please take a few minutes to read the important information that follows. This Site is owned by Tenuta Foppa & Ambrosi Wines LLC, 1380 Tucker Rd. Calistoga/CA 94515, USA (the “Company” or collectively referred to as “We,” “Us” or “Our”). The purpose of this section is to describe the conditions (the “Terms”) that apply to your access and use of Our Site.
Binding Agreement
Use of the Site is available only to those users who are in compliance and agreement with these Terms as well as the other terms and conditions referenced elsewhere on the Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions, and notices contained or referenced herein.
User Age
Because of the nature of the Company’s business, and its products and services, the Site is not intended for use by persons under age 21. The Company does not knowingly attempt to solicit or receive any information from persons under age 21. Use of the Site, or any registration that may be required to access portions of the Site, or to purchase products or services, including alcoholic beverages, may only be made by those persons who are at least 21 years of age. By using the Site, you are representing that you are at least 21 years of age.
Restricted Territories
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.
Privacy
It is important that you understand the way in which We will use the information We hold about you. Please refer to Our Privacy Policy (below) for further details.
Copyright Notice
Copyright – 2023 Tenuta Foppa & Ambrosi Wines LLC. All rights reserved.
All materials contained on this site are protected by worldwide copyright laws and may not be copied, reproduced, distributed, transmitted, displayed, published, broadcast, or exploited in any way without prior written consent of Tenuta Foppa & Ambrosi Wines LLC. However, you may download specified PDF files and slide shows for personal, non-commercial use. You may not alter or remove a trademark, copyright or other notice from copies of the content.
Trademark
The words Tenuta Foppa & Ambrosi Wines LLC® are a registered trademark owned by the Company, along with the other logos and creative materials on Our products and on this Site (except where otherwise indicated). Any use or reproduction of these trademarks without the express prior written consent of the Company is prohibited.
Protection of Contents Provided by Tenuta Foppa & Ambrosi LLC and its Licensors
All text, prices, graphics, logos, icons, images, audio clips and software on the Tenuta Foppa & Ambrosi Wines LLC Site ("Site Content") are copyrighted materials owned by or licensed to Tenuta Foppa & Ambrosi Wines LLC. The Site Content may contain trademarks, service marks and trade names which are owned by Tenuta Foppa & Ambrosi Wines LLC and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Tenuta Foppa & Ambrosi Wines LLC, its affiliates, or third parties. "Tenuta Foppa & Ambrosi Wines LLC" is a trademark of Tenuta Foppa & Ambrosi Wines LLC. Unless authorized in writing by an officer of Tenuta Foppa & Ambrosi Wines LLC, Tenuta Foppa & Ambrosi Wines LLC's trademarks may not be used in connection with any product or service that is not Tenuta Foppa & Ambrosi Wines LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tenuta Foppa & Ambrosi Wines LLC. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Tenuta Foppa & Ambrosi Wines LLC or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Tenuta Foppa & Ambrosi Wines LLC Site. Nothing contained in the Tenuta Foppa & Ambrosi Wines LLC Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Tenuta Foppa & Ambrosi Wines LLC, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Tenuta Foppa & Ambrosi Wines LLC, its affiliates, and/or any third party, as applicable.
Disclaimer of Warranties
ALTHOUGH Tenuta Foppa & Ambrosi Wines LLC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Tenuta Foppa & Ambrosi Wines LLC SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Tenuta Foppa & Ambrosi Wines LLC SITE. Tenuta Foppa & Ambrosi Wines LLC DOES NOT WARRANT THAT YOUR USE OF THE Tenuta Foppa & Ambrosi Wines LLC SITE, OR THE OPERATION OR FUNCTION OF THE Tenuta Foppa & Ambrosi Wines LLC SITE, 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 THE Tenuta Foppa & Ambrosi Wines LLC 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. Tenuta Foppa & Ambrosi Wines LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Tenuta Foppa & Ambrosi Wines LLC SITE. THE Tenuta Foppa & Ambrosi Wines LLC SITE 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 Tenuta Foppa & Ambrosi Wines LLC AND/OR ITS 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 THE Tenuta Foppa & Ambrosi Wines LLC SITE, THE USE OR PERFORMANCE OF THE Tenuta Foppa & Ambrosi Wines LLC SITE, THE DELAY OR INABILITY TO USE THE Tenuta Foppa & Ambrosi Wines LLC SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Tenuta Foppa & Ambrosi Wines LLC SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Tenuta Foppa & Ambrosi Wines LLC SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Tenuta Foppa & Ambrosi Wines LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Tenuta Foppa & Ambrosi Wines LLC SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Tenuta Foppa & Ambrosi Wines LLC SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS Tenuta Foppa & Ambrosi Wines LLC's LIABILITY OR YOUR REMEDIES.
Termination of your Tenuta Foppa & Ambrosi Wines LLC Account
Tenuta Foppa & Ambrosi Wines LLC may terminate your Tenuta Foppa & Ambrosi Wines LLC Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your funds prepaid in advance for the remaining portion of your then-current Club Membership term. Multiple accounts, belonging to the same household, using the same promotional code are subject to account or order termination at the sole discretion of Tenuta Foppa & Ambrosi Wines LLC.
NO RESPONSIBILITY to Sell Mispriced Products or Services
Tenuta Foppa & Ambrosi Wines LLC shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Tenuta Foppa & Ambrosi Wines LLC shall have 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 canceled, Tenuta Foppa & Ambrosi Wines LLC shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
Tenuta Foppa & Ambrosi Wines LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Force Majure
Tenuta Foppa & Ambrosi Wines LLC shall be excused from performance under this Terms of Service if Tenuta Foppa & Ambrosi Wines LLC is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Tenuta Foppa & Ambrosi Wines LLC.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Tenuta Foppa & Ambrosi Wines LLC, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Tenuta Foppa & Ambrosi Wines LLC and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, 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 Tenuta Foppa & Ambrosi Wines LLC Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 Tenuta Foppa & Ambrosi Wines LLC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tenuta Foppa & Ambrosi Wines LLC in writing. The Terms of Service, along with the Tenuta Foppa & Ambrosi Wines LLC Privacy Policy, comprises the entire agreement between you and Tenuta Foppa & Ambrosi Wines LLC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Tenuta Foppa & Ambrosi Wines LLC. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Tenuta Foppa & Ambrosi Wines LLC shall be null and void. These Terms of Service will inure to the benefit of Tenuta Foppa & Ambrosi Wines LLC's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Disputes
Any dispute or claim relating in any way to your use of any Tenuta Foppa & Ambrosi Wines LLC Service, or to any products or services sold or distributed by Tenuta Foppa & Ambrosi Wines LLC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Tenuta Foppa & Ambrosi Wines LLC. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org . Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Tenuta Foppa & Ambrosi Wines LLC will not reimburse fees for any claims unless determined by the arbitrator determines determines the claims are frivolous. Likewise, Tenuta Foppa & Ambrosi Wines LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location.
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. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By using any Tenuta Foppa & Ambrosi Wines LLC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tenuta Foppa & Ambrosi Wines LLC.
If you have any questions about these Terms of Service, please contact Tenuta Foppa & Ambrosi Wines LLC.
Contact Information
For questions, concerns, or any issues related to these Terms or the products and services offered by Tenuta Foppa & Ambrosi Wines LLC, please contact us at:
Address: 1380 Tucker Rd. Calistoga/CA 94515
Phone: +1 707 637 8815
Email: lucas@tenutafa.com