Terms Of Use

Terms of Use of TerroirbytheSea.com
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

“Company” or “we” shall mean Terroir-by-the-Sea, LLC, a California limited liability company. “Website” shall mean terroirbythesea.com and other websites as added from time to time by the Company. These Terms of Use apply to the Website and are a binding agreement between you and the Company. By using the Website, you acknowledge that you have read understood and agree to be bound by these Terms of Use, including any additional policies and future modifications. So if at any time you do not agree to these Terms of Use, please do not use the Website. Should you have any questions or comments, do not hesitate to send them to info@terroirbythesea.com.

PRIVACY
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.

INTELLECTUAL PROPERTY
You have only a limited license to use the Website for the following purposes: viewing and browsing this Website; registering with the Website, accessing the personal information once registered with the Website and other use reasonably intended for the Website, by the Company.

You shall not copy, reproduce, republish, post, transmit or distribute in any way, any material from this Website.

You agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Company’s intellectual property rights. For purposes of these Terms of Use, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of the Company. In the event you download anything from the Website, any files, images, or data are licensed to you by the Company for the limited use described in the first paragraph of this section “Intellectual Property”.

The Company transfers no right, title or interest to the materials, software embedded or used in the Website to you. The Company retains full and complete title to the Website, software, and all intellectual property rights therein, except the third party content.

You may not redistribute, sell, decode, reverse engineer, and disassemble any part of the Website. You are prohibited from using any automated system, robots or software to extract data from this Website for commercial purposes (“screen scraping”).

If you are interested in gaining permission for online use of photos, or permission to use our logos, please send us an email outlining the specifics of your request. You expressly recognize and agree that the Company’s trademarks are the sole property of the Company. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to the Company would be irreparable and, therefore, injunctive relief to protect the Company’s interests would be appropriate (without limitation as to other damages which might be allowed by law).

YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company will not be liable for any loss encountered as a result of unauthorized activity within your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

ELECTRONIC COMMUNICATIONS
When you visit our 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 this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

POSTINGS, REVIEWS, COMMENTS
The Website offers the possibility for any user to post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, on designated areas, such as “Join the conversation”.

However, you agree not to use this Website to:

– Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or that consist of or contain software viruses, political campaigning, commercial solicitation;
– Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of the Company, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company, or our affiliates or any other person or entity;

– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;

– Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

– Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

– Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; materials that contain 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;

– Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
– Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
– “Stalk” or otherwise harass another user or employee of this Website; or

– Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or

– Access or attempt to access another user’s account without his or her consent.

Your privilege to use this Website and contribute to discussions on the community areas depends on your compliance with these community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms of Use, we may terminate, in our sole discretion, your use of, or participation in, any community area. The Company reserves the right (but not the obligation) to remove or edit such content at any time.

IMPORTANT: If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

LINKS
These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

PRODUCT DESCRIPTION AND AVAILABILITY
We attempt to be as accurate as possible. However, From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. So we do not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Please note that we may, from time to time, and especially in the case of special limited edition products, limit the number of products ordered per customer, as we would like to make sure that we satisfy the largest number of customers as possible.

PRODUCT PRICING INFORMATION
The prices displayed on our Website may differ from prices that are available in retail stores. All prices are in US dollars. Prices and products may change at the Company’s discretion. Title and risk of loss for all products ordered by you shall pass to you on the Company’s shipment to the shipping carrier. Purchases are subject to our Return Policy explained below. We may offer volume discount from time to time or special prices for bundles of different Products at our sole discretion.

PAYMENT
We accept payment via Visa, Credit Card, MasterCard, American Express, Discover and PayPal using SSL secured communication.

If you have any difficulties placing your order, please send us an e-mail. We will happily assist you in troubleshooting or work to find another (possibly off-line) solution.

WHOLESALE ACCOUNT
Please send us an e-mail with contact information and sales tax reseller license number. We would love to discuss whole prices and conditions with you and the possibility of setting up a wholesale account and login code. Minimum order quantities may apply.

BRAND/LABEL PROMOTION
If you feel that your product or service exemplifies quality and excellence, and you would like Terroir by the Sea to feature your label, please send us an e-mail with contact information, and any marketing material presenting your company and we will make sure to contact you shortly. Minimum order quantities may apply.

SHIPPING
Our shipping and handling fees are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you, so that you don’t have to spend any money on gas, and stay in the comfort of your house.

However, we may offer free shipping for special bundles, at certain time of the year, or for certain given volumes, at our sole discretion.

We ship US Postal Service and FedEx.

Our shopping cart estimates the weight of your order and lets you choose the shipping option, including flat rates, that is right for you at your location.

Please note that the United States Postal Service (USPS) offers limited tracking capabilities for US orders and that there is a 30-calendar-day waiting period before the USPS will initiate a trace. For non-US orders, only orders sent via US Postal Service Express are trackable.

Orders ship from Monday to Friday from San Diego, California. Orders placed on holidays or weekends will begin processing the next business day. If items in your order are out of stock we’ll notify you by e-mail.

For international shipments, it is the responsibilities of the recipient to pay any duties and taxes levied on import of goods.

Title and risk of loss pass to the customer upon tender of shipment to the carrier. We recommend that you (1) use a carrier that offers shipment tracking and (2) insure your package so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to do so, you will be responsible for any loss or damage to the product during shipping. In the event an item is damaged during shipment, please contact the carrier with your tracking number. We will assist you to the best of our abilities.

RETURN POLICY
We are sorry, but at this time, we cannot accept refunds or exchanges, so please take your purchase seriously. But, we unconditionally guarantee all products we manufacture and sell at our online store to be free from defects of workmanship.

When your order arrives, inspect it immediately and call (858-724-0262) or email us about problems. Please include your name, order number, description of the defect and if possible, a digital picture of the defective product. We will gladly replace defective items according to the following procedure:

We will issue a Return Authorization Number that you will need to include with your return, as well as instructions regarding the carrier options, packaging and the shipping address.
When the returned item is received, we will immediately process a new order for your replacement item and ship it to you with no additional shipping charge.
We may issue a refund in case we cannot replace the defective item (e.g. the defective item was part of a limited series).

Please note the following limitations:

Items must be returned within 15 days of purchase.
Items that have been used, laundered or altered by you in any way cannot be accepted for return.
Replacement or refund will not be issued unless a valid proof of delivery can be provided.
The Company is not responsible for lost or damaged returns.
Refunds will only be issued to the credit card used for the original purchase. In the event that card is no longer active, a refund will be issued via check
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TERROIR-BY-THE-SEA, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TERROIR-BY-THE-SEA, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TERROIR-BY-THE-SEA, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON INFRINGEMENT. TERROIR-BY-THE-SEA, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TERROIR-BY-THE-SEA, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERROIR-BY-THE-SEA, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business, lost revenues or loss of anticipatory profits or any other pecuniary or non pecuniary loss or damage of any nature whatsoever) arising out of or relating the use or misuse of the Website, or any part thereof, even if Company has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser.

YOU EXPRESSLY AGREE THAT THE USE OF THE TERROIR-BY-THE-SEA LLC’S WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. YOU THUS AGREE TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, NETWORK CONNECTION OR MOBILE DEVICES) OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF TERROIR-BY-THE-SEA LLC’S WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GOVERNING LAW AND JURISDICTION
The Website is created and controlled by the Company in the State of California. These Terms of Use shall be construed according to the substantive laws of the State of California, without regard to its conflict of law provisions.

It is a condition precedent to the use of the Website, that you and any party accessing the Website on your behalf irrevocably submit to the sole and exclusive jurisdiction of the state court located in san Diego County, California in the United States Federal Court for the State of California for the determination of disputes arising under these Terms of Use. In the absolute and sole discretion of the Company, a legal action may be brought by the Company against any party in breach of these Terms of Use, at its election, in the United States or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.

The prevailing party to litigation or other proceeding under these Terms of Use shall be awarded its reasonable attorney fees, and costs and expenses incurred.

Terroir by the Sea™ and its logo are trademarks of Terroir-by-the-Sea, LLC.

All of the content on this Website (“Content”) is subject to copyright, trademark, service mark, logo and other intellectual property rights or licenses held by Terroir-by-the-Sea, LLC. Your use of the trademarks, service marks, and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Terroir-by-the-Sea, LLC reserves complete title and full intellectual property rights in any content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.