PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Welcome to www.HughesFamilyVineyards.com (the "Website"). This Website is owned and operated by Hughes Family Vineyards, LLC (referred to as "Hughes," "us" or "we"). This Website is offered to you (referred to as "you" or "user") on the condition that you accept all of these Terms of Use (the "Terms of Use"). By accessing, browsing or using this Website, you acknowledge you are at least 21 years of age and have read, understand and agree to be legally bound by these Terms of Use, so please read them carefully. If you are not at least 21 years of age or do not agree to these Terms of Use, please discontinue your use of this Website immediately.

We reserve the right, in our sole discretion, to change or modify any portion of this Website and these Terms of Use at any time without prior notice. Such changes or modifications will be effective immediately upon the implementation of any change or modification of the Website and/or the posting of a revised version of these Terms of Use. We also reserve the right to suspend or terminate all or any portion of this Website at any time without notice. Please review these Terms of Use regularly so that you will be aware of any changes to the Terms of Use. Your continued use of the Website following any such revision means you accept and will abide by the revised Terms of Use. If you violate these Terms of Use, we may terminate your account and restrict your access to the Website and the Materials.

Geographic Scope
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that we intend to make such products or services available in such countries.

Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Ownership and Use Restrictions
All information, content, materials, other copyrightable elements and/or materials and all trademarks, service marks and trade names contained or provided on this Website (the "Materials) are the property of Hughes, its subsidiaries, assigns, affiliated companies, licensors and/or other respective owners and are protected under U.S. and foreign copyright and trademark laws.

We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the Materials, provided that you maintain all copyright and other notices contained in such Materials and do not use the Materials in a manner that suggests an association with any of our products or services. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Materials to any third party (including, without limitation, the display and distribution of the Materials via a third party Web site) without our express prior written consent. Use of Hughes' and/or our licensors' Materials is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, enhance or otherwise modify or exploit the Materials. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Except as expressly and unambiguously provided herein, neither we nor our licensors grant you any express or implied rights, and all rights in the Materials not expressly granted by us or licensors to you are retained by us and our licensors.

Third Party Websites, Content, Products and Services
As a convenience to you, the Website may contain or direct you to links to other sites on the Internet maintained by third parties. These sites may contain information or material that you may find inappropriate or offensive. We do not operate or control, in any respect, or necessarily endorse the content, products or services found on or the security of any information you may provide to such third-party sites. These third party sites may be governed by different terms of use and privacy policies. You assume sole responsibility for your use of any third-party links and sites.

Disclaimer of Warranties
THE WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HUGHES DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HUGHES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUGHES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE MATERIALS OR OTHER CONTENT IN ANY WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU USE THIS WEBSITE AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HUGHES, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY HUGHES OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Hughes's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website or the Materials.

User Submissions and Posted Content
Other than an personally identifiable information, which is covered by our Privacy Policy, you are solely responsible for any information, opinions, materials or other communications that you transmit or submit to the Website (hereinafter, "Posted Content"). By submitting any Posted Content, you warrant and represent that you own or possess all necessary rights or licenses to submit the Posted Content, that the Posted Content and all information contained therein does not infringe any proprietary or other rights of third parties or contain any libelous, defamatory, or otherwise unlawful or harmful information and that the Posted Content is not intended to promote any third party commercial or other business activity. In no event shall we assume or have any responsibility or liability for any Posted Content or for any claims, damages, or losses resulting from the use or transmission of any Posted Content and/or its display on this Website. Posted Content does not necessarily reflect the views of Hughes.

By uploading or otherwise submitting any Posted Content to us and/or the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) to Hughes, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such Posted Content into any form, medium, or technology (now known or hereafter developed or devised) throughout the world. In addition, you warrant that all "moral rights" and other similar rights recognized throughout the world in that Posted Content has been waived.

We reserve the right, in our sole discretion and judgment, to refuse to post, edit, or delete any Posted Content that violates these Terms of Use or which might be offensive, illegal, or inappropriate and to suspend or terminate the account of and refuse any and all current or future use of the Website or any portion thereof by users who violate these Terms of Use or submit such Posted Content.

Privacy Notice
Use of the Website is also governed by our Privacy Policy, which forms part of these Terms of Use.

Copyright Dispute Policy
We respect the intellectual property rights of others, and we ask our users to do the same. If you think that the Website contains any content that infringes your intellectual property rights, please provide the following information to the "Copyright Agent" specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:
Hughes Family Vineyards, LLC
ATTN: Copyright Agent
19201 Sonoma Highway
Number 262
Sonoma, California 95476
(707) 575-5222
info@hughesfamilyvineyards.com

Please note that this procedure is exclusively for notifying Hughes that your copyrighted materials have been infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Miscellaneous
The Website is controlled and operated by Hughes from its offices at the address set forth in below in the section entitled Contact Information. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or Hughes may bring to enforce these Terms of Use or, in connection with any matters related to the Website shall be brought only in either the State or Federal Courts located in Sonoma County, California, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The failure of Hughes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, including the polices referenced herein, contain the entire agreement between the parties relating to use of the Website and the Materials and the matters set forth herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hughes with respect to the Website and the Materials. These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Website; provided, however, that in the event of a conflict between such other terms and the Terms of Use, the Terms of Use shall control.

Contact Information
Please contact us at the following address with any questions concerning these Terms of Use or to report any violations of these Terms of Use:
Hughes Family Vineyards, LLC
ATTN: Website Coordinator
19201 Sonoma Highway
Number 262
Sonoma, California 95476
(707) 575-5222
info@hughesfamilyvineyards.com

Recent Updates
These Terms of Use were last updated on November 11, 2008.