Terms & Conditions

Terms & Conditions

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Overview:

Welcome to Amber Falls. We’ve put together some detailed terms and conditions. You should read and understand them as they govern your use of our service.

These Terms of Use provide that all disputes between you and Amber Falls Winery & Cellars will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Amber Falls Winery & Cellars.

These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We hope you enjoy your Amber Falls Winery & Cellars experience.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the Amber Falls Winery & Cellars service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the “Amber Falls Winery & Cellars service” or “service”). By using, visiting, or browsing the Amber Falls Winery & Cellars service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Amber Falls Winery & Cellars service, including our website and user interfaces.

These Terms of Use govern your use of the Amber Falls Winery & Cellars service and you should read them carefully. The Amber Falls Winery & Cellars service is provided by Amber Falls Winery & Cellars. The Amber Falls Winery & Cellars company that is providing the service to you (referred to as “Amber Falls” and/or “Amber Falls” in these Terms of Use) and with whom you are entering into this agreement.

Changes to Terms of Use

Amber Falls Winery & Cellars reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Amber Falls website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website.

Membership and Billing

You can find the specific details regarding your membership with Amber Falls at anytime by visiting our website and clicking on the “My Account” link.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Passwords

The member who created the Amber Falls account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Amber Falls account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Amber Falls Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account.

BY SHARING THE Amber Falls SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the Amber Falls service, Amber Falls implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Amber Falls service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. Similarly, if your device is lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the Amber Falls service/website through your account and may be able to access certain of your account information.

If you find that you’re a victim of identity theft and it involves a Amber Falls account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Amber Falls website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Amber Falls reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.

Disclaimers of Warranties and Limitations on Liability

THE Amber Falls SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Amber Falls SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Amber Falls SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Amber Falls DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Amber Falls SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Amber Falls MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Amber Falls SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Amber Falls SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND Amber Falls SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Amber Falls service or on the Amber Falls website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Amber Falls service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Amber Falls website, user interfaces, or otherwise through the Amber Falls service; and (vii) any losses or damages arising from the use of the content provided on the Amber Falls website, user interfaces, or otherwise through the Amber Falls service itself or any conduct by users of the Amber Falls service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on web site content, blogs, opinions or posts from the Amber Falls Winery & Cellars blog, or any of the social networks where the media may be passed or from the Amber Falls service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the Amber Falls service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Amber Falls or its affiliated parties.

IN NO EVENT SHALL Amber Falls, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Amber Falls SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Amber Falls SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE Amber Falls SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CURRENTLY AVAILABLE ON THE Amber Falls WEB SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Amber Falls MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPATIBILITY OF A DEVICE USING OUR SERVICE/WEBSITE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.

Intellectual Property

• Copyright

The Amber Falls service, including all content included on the Amber Falls website and user interfaces, or delivered to members as part of the service, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Amber Falls or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Amber Falls on our website and user interfaces, or in connection with the Amber Falls service are the exclusive property of Amber Falls and its licensors and are protected by the copyright and trade secret laws in the territories in which the Amber Falls service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Amber Falls or its licensors. You agree to adhere to the restrictions set forth under “Amber Falls streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Amber Falls service, not to insert any code or product or manipulate the content of the Amber Falls service in any way, and not to use any data mining, data gathering or extraction method. Amber Falls reserves the right to terminate your membership hereunder if Amber Falls, in its sole and absolute discretion, believes that you are in violation of Amber Falls software restrictions, restrictions against copying videos on our website, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Amber Falls and its licensors. Amber Falls does not promote, foster or condone the copying of videos or any other infringing activity. The use of the Amber Falls service, videos on our website, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Amber Falls service/website, including any on the Amber Falls website and user interfaces.

• Trademarks

Amber Falls is a registered trademark of Amber Falls. The Amber Falls logo, Amber Falls.com, Amber Falls Winery & Cellars, perssummit.com, Profiles, are trademarks or service marks of Amber Falls. The Amber Falls website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Amber Falls, LLC. The trademarks, service marks and trade dress of Amber Falls may not be used or reproduced without prior written approval from Amber Falls and may not be used in connection with any product or service that is not affiliated with Amber Falls, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Amber Falls, or in any manner that disparages or discredits Amber Falls. Other trademarks that appear on the Amber Falls website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amber Falls. Any images of persons or personalities contained on the Amber Falls website and user interfaces are not an indication or endorsement of Amber Falls or any particular product or our service unless otherwise indicated.

Use of Information Submitted

Amber Falls is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Amber Falls service, including the Amber Falls website, blog, and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Amber Falls service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Amber Falls does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Amber Falls. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Amber Falls and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time, where you will find the answers to many frequently asked questions and information on reaching a Customer Service representative.

The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you customer service support.

Your Conduct in Accessing the Amber Falls Service

By accessing the Amber Falls service, including the Amber Falls website and user interfaces, you agree to use the Amber Falls service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Amber Falls service. You also agree not to impersonate any other person while using the Amber Falls service, conduct yourself in a vulgar or offensive manner while using the Amber Falls service, or use the Amber Falls service for any unlawful purpose.

You agree that all of the foregoing restrictions apply not only to the Amber Falls service, but also to the servers and networks connected to any portions of the Amber Falls service whether operated by Amber Falls or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

Limitations on Use

You must be 21 years of age or older to become a user of the Amber Falls service or website. In certain jurisdictions, the age of majority may be older than 21, in which case you must satisfy that age in order to become a member. While individuals under the age of 21 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Amber Falls does distribute products that may be watched by children, the Amber Falls service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the Amber Falls service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Amber Falls service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Amber Falls service, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Amber Falls service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amber Falls without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Amber Falls name or trademarks without our express written consent. Any unauthorized use of the Amber Falls service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership. With specific respect to the Blog and Website you must ask permission before sharing anything. We ask Bloggers always include an explicit link back to the original post. All negative comments on the Blog will be deleted. Any information posted to the Blog that Amber Falls or Amber Falls Winery & Cellars feels is not appropriate will be removed at the sole discretion of the company.

Claims of Copyright Infringement

It is the policy of Amber Falls to respect the intellectual property rights of others. Amber Falls does not condone the unauthorized reproduction or distribution of movies, Video Documentary shows, or other copyrighted content.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, County, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and Amber Falls agree that any dispute, claim or controversy arising out of or relating in any way to the Amber Falls service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review

Online Store Policies

Online Store Privacy
Please click here to view our Privacy Policy

Online Store Shipping
Amber Falls complies with all federal, state and local laws regarding sale of alcohol to minors. All shipments require an adult signature (21 years old or older with proper identification of age) for delivery. If no one is available to receive the package, additional attempts to deliver will be made. If these attempts are unsuccessful, your order will be returned to the distribution center it originated from. At this time, Amber Falls only ships wine in the state of Tennessee. Virtual products, such as “Event Registration” does not require shipping and refunds are not accepted. All orders are shipped via the best possible manner depending on your location. Most orders are typically shipped within 2 to 3 business days (excluding holidays and weekends).

Online Store Returns
Your satisfaction is our priority. If, for any reason, you are dissatisfied with your order, please contact us within 48 hours of receipt of your order for assistance.

Online Store Security
Enjoy safe shopping at AmberFallsWinery.com. We use 256 bit Secure Socket Layer (SSL) technology for all transactions. All personal information is encrypted during transmission to our processing system and resides on our secure server. Credit Card information is never stored on our server therefor keeping your information more secure to protect you.

 

If you have additional questions, please contact Customer Service at (931) 285.0088 or wine@amberfallswinery.com