INFORMATION COLLECTED AND USED BY OUR SITE
We will only collect Personal Information which you knowingly and voluntarily provide. We may collect Personal Information that you provide us when you:
Register on the Site. Registration is an optional service provided by our Site. You do not have to register to browse on our Site, but you may have to register to (a) subscribe to a subscription list or newsletter, (b) purchase products on our Site, or (c) sign up for a wine club on our Site. When you register, you are asked for certain Personal Information, such as your name, address, phone number and e-mail address, a password that you select, and your interests, if you choose to register them. Your registration information may be used to help make your online shopping on the Site quicker and easier.
OTHER WAYS WE COLLECT AND USE YOUR PERSONAL INFORMATION
Access to Personal Information by Companies that Work with or on Behalf of Eden Rift. Some of our operations, such as our e-commerce, may be managed by unaffiliated, third party service providers. We may share your Personal Information and non-personal information with these third party service providers in order to deliver contracted services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing fulfillment houses. We will not authorize these companies to use your Personal Information for any reason other than to provide you with the specific contracted for services. For reasons of security, our Site does not store credit card information permanently on any Web server.
Other Uses of Personal Information. We may also use the Personal Information you voluntarily provide, to assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and data we receive from our marketing partners and others. We may use that combined information to enhance and personalize your experience with our Site, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
We may also collect non-personal information about you (e.g. browser type, IP address, time of log in, etc.). Our Web server automatically logs this non-specific aggregate user data (which will not contain any Personal Information related to a single visitor). This data is used to manage our Site, track usage and improve the Site’s functionality. This non-specific non-personal information may be shared with third-parties to provide more relevant services and advertisements to users.
SALE OF BUSINESS
If Eden Rift is involved in a merger, acquisition or asset sale, we may share your Personal Information with third parties as part of that transaction. We will ask those third parties to maintain the same privacy as Eden Rift.
DISCLOSURES OF PERSONAL INFORMATION IN LEGAL PROCEEDINGS
If Eden Rift, the Site or any of our service providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we or the applicable service provider may, without your consent or any notice to you, provide such information.
In matters involving claims of personal or public safety, we or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process or any notice to you. We or our service providers also may provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving Eden Rift, the applicable service provider.
Our Site uses a technology called “cookies”. A cookie is a tiny element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies also allow us to store Users’ preferences and to record session information, for purposes including ensuring that Users are not repeatedly offered the same advertisements and to customize newsletter, mailing list, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any Personal Information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set — each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences — however, you must enable cookies from our Site in order to use most functions on our Site. Our Site may also use a technology called “tracer tags”. These may also be referred to as “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future website visitors.
Our Site may provide links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Eden Rift and our Site are not responsible for the availability of external websites or resources, and Eden Rift and our Site do not endorse such websites, their contents, advertising, products, or other materials. You further agree that Eden Rift and our Site shall not be responsible or liable, directly or indirectly, for any damage, viruses or loss caused or alleged in connection with your use of content, goods or services available on an external website or resources. In the event you decide to access or use any other websites, you agree to do so at your own risk.
MARKETING & CONTACT PREFERENCES/OPT-OUT/UPDATING OR REMOVING INFORMATION
At various points during the registration process on our Site, when signing up for an Eden Rift Activity, or when subscribing to a newsletter or mailing list, you may be asked to indicate your willingness to allow us to communicate with you on an on-going basis, or receive updates or notifications regarding our products, services, sales and special offers. At any time, however, you may stop the receipt of a particular promotional or notification email by clicking on an “unsubscribe” hyperlink contained in a promotional or notification email. In addition, you may opt out of further disclosures of your Personal Information to third parties for marketing purposes by contacting us at: Eden Rift Vineyards, PO Box 1747, Hollister, CA 95024 or by e-mailing us at email@example.com. However, if you subsequently provide us with Personal Information, for example, when ordering wine, we would need to share such information with third parties for purposes of fulfilling your order.
Unfortunately, no data transmission over the Internet is 100% secure. Eden Rift will take reasonable measures which it believes are appropriate to protect your Personal Information from loss, misuse, alteration or destruction. However, Eden Rift cannot ensure or warrant the security of your Personal Information.
PRIVACY STATEMENT MODIFICATIONS
TERMS AND CONDITIONS OF USE
THE SALE OF ALCOHOLIC BEVERAGES
CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
LINKING / THIRD PARTY LINKS ON OUR SITE
In general, Eden Rift does not object to links to our Site from third-party websites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site;
Do not present the link to our Site in any way that suggests Eden Rift or our Site has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with Eden Rift to do so;
Link only to the home page of our Site; and
Do not, without Eden Rift’s written permission: (a) incorporate any content from our Site into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools to identify and select websites.
Eden Rift will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the name, reputation and goodwill of Eden and its products. Eden Rift reserves the right to cancel permission to link at any time, for any reason.
LIMITATION OF LIABILITY
The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, EDEN RIFT AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Eden Rift shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Eden Rift is based in Hollister, California, in the United States of America. Eden Rift makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of San Benito, State of California, to adjudicate and resolve any dispute with Eden Rift, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.
YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Your name, address, telephone number and (if available) email address.
3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
4. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is:
Eden Rift Vineyards
attn: General Manager
PO Box 1747
Hollister, CA 95024
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using contact information on Contact Us page.
EDEN RIFT MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
Returns & Cancellations
We will replace or refund you for any bottle of wine that is damaged, flawed or that the customer finds unsatisfactory. We ask the customer return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please send an email to firstname.lastname@example.org to arrange for the return of corked or flawed product.
Once the wine is received we will refund your credit card account for the cost of the wine less shipping and handling. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges. Please contact the tasting room at 831-636-1991 for return instructions.
We reserve the right to apply a 10% restocking fee to all canceled orders.