Terms & Conditions
Welcome to the Pegasus Estate & Winery website, www. Pegasuswinery.com (“Website”). Before using the website, please review the following terms and conditions (“Terms and Conditions”). These Terms and Conditions may be modified from time to time and apply to all users of, or visitors to, the Website.
By using this Website, you accept and agree to comply with and be legally bound by the Terms and Conditions set forth below, as well as all applicable laws. If you do not agree to any provision of the Terms and Conditions, please do not access this Website.
Overview
You agree that these Terms and Conditions are supported by good and valuable consideration, the receipt and suitability of which you hereby acknowledge. In addition to these Terms and Conditions, Pegasus Estate & Winery has established a Privacy Policy to make it easier for you to understand what information Pegasus Estate & Winery collects and uses through its online channels. Our Privacy Policy can be viewed here and by reference hereto is incorporated into these Terms and Conditions. By using or accessing the Website, you signify your acknowledgement and agreement to our Terms and Conditions, as well as too our Privacy Policy. If you do not agree to any provision of our Terms and Conditions, including our Privacy Policy, please do not access this Website. At any time and without notice, we may change, update or revise any provision of our Terms and Conditions, so we request that you please check our Terms and Conditions regularly for changes. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
In the event of a violation of these Terms and Conditions, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the Website and its contents, including but not limited to all text, images, photographs, video and audio (collectively “Content”), are the exclusive property of Pegasus Estate & Winery and are protected by copyright, trademark and other laws.
Limited License:
The Website and all its materials and content, including, but not limited to, its software or HTML code, scripts, data, information, text, photographs, images, illustrations, artwork, designs, products, logos, trademarks, audio and video, (“Content”), are protected by copyright laws, as well as any and all other U.S. and international laws and treaties. All Content is provided by Pegasus Estate & Winery as a service to its current and prospective customers and visitors to the Website and may be used ONLY for personal informational purposes and ONLY if you also retain all Content copyright, trademark and other proprietary notices contained thereon. No right, title or interest in our Content is conveyed to you. This is a limited license, not a transfer of title to our Content, and such license is subject to the following restrictions: (a) you may not copy, reproduce, distribute, modify, display, transmit, publish, create derivative works from, perform, post, license, sell, or otherwise exploit this Website or any of its Content without our express prior written permission; and (b) you may not access or use the Website in any way, shape or form for any commercial or competitive purpose. Any unauthorized copying, display, transmission, alteration, performance, distribution, or other use of said Content, which is not expressly permitted in these Terms and Conditions, is prohibited. Pegasus Estate & Winery may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Pegasus Estate & Winery.
Linking:
Periodically, links may be established from this Website to one or more external Websites or resources operated by unrelated third parties (“Third Party Sites”). These links are provided for your convenience only and do not constitute an endorsement by Pegasus Estate & Winery of such sites or any information or products/services contained therein. Pegasus Estate & Winery does not warrant or guarantee the availability, completeness, accuracy or reliability of any privacy policy, information or material contained in such Third Party Sites; and Pegasus Estate & Winery will have no liability arising out of or related to such Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site. Pegasus Estate & Winery recommends that you check the specific privacy policy of any site before providing any personal information.
Trademarks:
Pegasus Estate & Winery retains all rights regarding their trademarks, trade names and brand names. These marks and names, along with all associated logos or images, are registered and/or common law trademarks of Pegasus Estate & Winery; and as such, are protected by U.S. and international laws and treaties. Pegasus Estate & Winery does not grant to you any license to the use of such marks or names, including all associated logos and images, under these Terms of Condition or by your use of the Website. Any misuse of the marks displayed on the Website is strictly prohibited. Pegasus Estate & Winery will aggressively enforce its intellectual property rights to the fullest extent of the law. This will include seeking civil remedies and criminal prosecution.
The Website may also contain references to other trademarks, trade names and brand names from entities other than Pegasus Estate & Winery. These trademarks, trade names and/or brand names are the property of the respective owners; and references to them do not suggest sponsorship or association with Pegasus Estate & Winery.
User Submissions or Postings to Website
Any and all material submitted or posted by you on the Pegasus Estate & Winery Website or submitted by you to Pegasus Estate & Winery via electronic mail, including any and all suggestions, photographs designs, artwork, creative ideas, comments, feedback and other communications (collectively “Material”) you agree will be deemed non-confidential. You agree that you are solely responsible for any Material which you submit or post. You further agree that by submitting or posting any Material to Pegasus Estate & Winery via the Website or other communication, you represent and warrant that you own or otherwise control all of the rights to Material submitted by you and that no use of such Material by Pegasus Estate & Winery will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Pegasus Estate & Winery and its affiliates, employees, partners, subsidiaries, suppliers, directors, agents, representatives, officers, licensees, sponsors and contractors (collectively “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any Material posted or submitted by you. Pegasus Estate & Winery reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by you. By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, you hereby agree that Pegasus Estate & Winery may use information about you for marketing, product development and promotional purposes. You agree that Pegasus Estate & Winery may use information about you and your use of this Site in any manner that does not reveal your identity and/or is consistent with the terms of Pegasus Estate & Winery Privacy Policy. Further, you agree that Pegasus Estate & Winery may send you electronic mail for the purpose of advising you of updates to this Site, providing you with information on Pegasus Estate & Winery or for such other purpose as Pegasus Estate & Winery deems appropriate.
Pegasus Estate & Winery does not permit copyright infringing activities on the Website, and Pegasus Estate & Winery may remove any Materials or Content if properly informed that any such Materials or Content infringe on another’s copyright rights. If, under appropriate circumstances, such user is determined to be a repeat infringer, Pegasus Estate & Winery will terminate a user’s ability to submit User Submissions. If you are a copyright owner or an agent thereof and believe that any Content or Material (including any User Submission) infringes upon your copyrights, you may notify Pegasus Estate & Winery by providing the following information in writing:
¨ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
¨ Information reasonably sufficient to permit Pegasus Estate & Winery to contact you, such as an address, telephone number, and, if available, an email address;
¨ Identification of the Content or Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Pegasus Estate & Winery to locate the same;
¨ Identification of the location where the original or an authorized copy of the copyrighted work exists;
¨ A statement that you have a good faith belief that use of the Content or Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
¨ A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Pegasus Estate & Winery, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
You shall not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that enforce limitations on the use of promo codes, the Website or Website Content. You shall not circumvent, disable or otherwise interfere with security-related features of the Website that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Websites or impair, overburden, or disable the same.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Websites for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Pegasus Estate & Winery shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
Your Account:
You may choose to register with us through the Website and create an account (“Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
Products and Orders:
All features, specifications, products and prices of products and services described on the Website are subject to change at any time without notice. From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Website. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Website or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer and display, and we cannot guarantee that your computer and display will accurately reflect our colors. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Revisions:
Pegasus Estate & Winery may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. Pegasus Estate & Winery also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Pegasus Estate & Winery may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
Disclaimer:
The Website and Website Content are provided to our customers and prospective customers on an “as is” and “as available” basis and without warranties of any kind, whether express or implied, including but not limited to those of fitness for a particular purpose, merchantability, title or non-infringement. By your use of the Website, you acknowledge that your use is at your sole risk.
Limitation of Liability
IN NO EVENT WILL Pegasus Estate & Winery BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Pegasus Estate & Winery IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Indemnification of Pegasus Estate & Winery
You agree to defend, indemnify and hold Pegasus Estate & Winery and its Affiliates harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and legal costs, arising from or in connection with your use or misuse of this Website and the Content herein or your violation of any provision of this Policy.
Jurisdiction:
No implication is made that the Contents published on this Website are appropriate for use outside of the United States. The terms and conditions of the Website shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Pegasus Estate & Winery controls this Website from its offices within the State of California. If there is a dispute about these Terms of Use or your use of this Website, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions.