Terms of Service

The website located at www.montelena.com (“Site”) is owned by and operated by Chateau Montelena Winery (“Chateau Montelena”). The terms, conditions and notices below (“Terms of Use”) govern your use of the Site. Your use of and access to the Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

Permitted Users

The Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing the Site, please continue. If you are not, please exit the Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing the Site.

Attention California residents.

California Prop 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.

Intellectual Property Protection

The Site, including, without limitation, site layout, “look and feel,” functionalities, design, text, images, photographs, graphics, video and audio content (“Materials”) are the property of Chateau Montelena or third parties and are protected by copyright, trademark, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, frame or sell any Materials, information, products, or services obtained from the Site without prior written consent from Chateau Montelena, and/or as described in these Terms of Use. We retain all right, title, and interest to the Materials. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site. All trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by Chateau Montelena, its affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Site without express written consent from the respective trademark owners.

Use of and Downloading Materials

Materials on the Site may be used only for your personal, non-commercial use, provided you do not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notices or legends appearing on any of the Materials. You may not engage in systematic retrieval of data or other Materials from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Chateau Montelena, nor may you mirror on your own site, or other publication, the home page or results pages of the Site.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

Use of the Materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity for which you are an officer, director, employee, or other agent) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Materials for any such website or Internet activity, you will need permission from Chateau Montelena even if your website or Internet activity is free of charge.

User Comments, Feedback, and Other Submissions

All comments, feedback, ratings, suggestions, ideas, and other submissions disclosed, submitted or offered to Chateau Montelena on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “Comments”) shall be become and remain the property of Chateau Montelena. Such disclosure, submission or offer of any Comments shall constitute an assignment to Chateau Montelena of all rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles, and interests and shall not be limited in any way in our use, commercial or otherwise, of any Comments. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any Comments or communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to the Site, you accept that it may be used by us without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

We are and shall be under no obligation: (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, or (3) to respond to any user Comments. You agree that Comments submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that Comments submitted by you to the Site will not be or contain libelous or otherwise unlawful, abusive, vulgar, obscene, defamatory, harassing, threatening or obscene material. Furthermore, you will not: (1) make any bigoted, hateful, or racially offensive statements, (2) advocate illegal activity or discuss illegal activities with the intent to commit them, (3) post or distribute any chain letters, spam or software or other materials that contain a virus or other harmful component, (4) post advertisements or solicitations of business, (5) impersonate another person, (6) submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (7) attempt to gain unauthorized access to the accounts, computer systems or networks connected to the Site through hacking, password mining or any other means. We reserve the right to deny the publishing of Comments, to remove Comments, and/or to terminate your access for uploading Comments in its sole discretion at any time, without prior notice and at our sole discretion.

You understand that when using the Site, you will be exposed to Comments from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Comments. You further understand and acknowledge that you may be exposed to Comments that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Chateau Montelena with respect thereto, and agree to indemnify and hold Chateau Montelena, its affiliates and subsidiaries harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. We do not endorse any Comments or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with Comments.

We will fully cooperate, including but not limited to, maintaining and disclosing any Comments that you provide in connection with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.

Membership, Password, and Security

Your use of the Site may require you to register with Chateau Montelena. To register you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. When you register, you will choose a username and password. You are entirely responsible for maintaining the confidentiality of your username and password and are responsible for all activity under your username and password. You may not use anyone else’s username or password and you must not permit others to use your user name or password. Your access to the Site is limited to one user session; concurrent sessions using an identical username and password combination are prohibited. You agree to notify Chateau Montelena immediately of any unauthorized use of your username and/or password or any other breach of these Terms of Use or the security of the Site. We will not be liable for any loss that you may incur as a result of the misuse of a password or account, either with or without your knowledge.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Privacy Policy

Personal Information collected from you through use of the Site is subject to Chateau Montelena’s Privacy Policy. For more information, see Chateau Montelena’s Privacy Policy.

Linking to Third Party Sites from the Site

The Site may contain links to other websites or resources (“Linked Sites”). Hyperlinks to other Internet resources are provided for your convenience. You acknowledge and agree that Chateau Montelena is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use or reliance on such Linked Sites. You access, use, and rely upon such Linked Sites at your own risk.

Linking to the Site from Third Party Sites

Any linking to areas of the Site other than the homepage is strictly prohibited without prior written consent by Chateau Montelena. At any time, even after written consent is granted, we reserve the right to object to or request removal or correction of any link that is we determine in our sole judgment to be inappropriate or inconsistent with the Site’s image and reputation. You shall not, and shall not authorize any other person to co-brand the Site or portion thereof, or frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or Material accessible through the Site. You agree and acknowledge that we must grant written consent before deep-linking, framing, co-branding, or other activity impacting the access to or the use of the Site is performed. Failure to obtain such consent may result in an infringement claim or other legal action being brought. You agree to cooperate with Chateau Montelena in causing any unauthorized deep-linking, framing, co-branding, or other activity impacting the access to or the use of our Site to immediately cease.

Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT NEITHER CHATEAU MONTELENA, NOR ANY THIRD-PARTY CONTENT PROVIDERS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE SITE WILL BE CORRECTED; THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS ON THE SITE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SITE OR AS TO ANY INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET IN ANY WAY. IN ADDITION, CHATEAU MONTELENA DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT CHATEAU MONTELENA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU AGREE THAT CHATEAU MONTELENA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHATEAU MONTELENA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL CHATEAU MONTELENA, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS, CONSULTANTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CHATEAU MONTELENA WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify and hold Chateau Montelena and its affiliates, related companies, directors, officers, employees, shareholders, successors or heirs (the “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination

You agree that Chateau Montelena, in its sole discretion and without notice, may terminate your password, account (or any part thereof) or access to or use of the Site or any portion thereof, and remove and discard any content within the Site, at any time and for any reason, including, without limitation, if Chateau Montelena believes that you have violated or acted inconsistently with these Terms of Use. Chateau Montelena reserves the right to prohibit or restrict access to the Site to anyone at any time, with or without cause. Chateau Montelena may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, temporarily or permanently, without notice, at any time, for any reason. You agree that Chateau Montelena shall not be liable to you or any third party for any termination of your access to the Site or for any modification, suspension or discontinuation of the Site.

Copyright Agent

If you believe that there is any content on the Site that infringes your copyrighted work, please provide the following information to our Copyright Agent named 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;

a description of where the material that you claim is infringing is located on this Site;

your address, telephone number and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

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.

Our Copyright Agent for notice of claims of copyright infringement can be reached at:

Chateau Montelena Winery, 1429 Tubbs Lane, Calistoga, CA, 94515, Attn: Copyright Agent and General Counsel. Chateau Montelena’s Copyright Agent can also be reached by telephone at (707) 942-5105 or by email at [email protected] (Attn: Copyright Agent).

General

These Terms of Use are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Napa County, California, U.S. in all disputes arising out of or relating to the use the Site.

Notwithstanding the foregoing, the Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Chateau Montelena intends to make such products or services available in such countries. Any offer for any product, feature, service made on the Site is void where prohibited. Your information will be transferred to Chateau Montelena, located in the State of California, United States, which location may be outside of your own country, and by providing Chateau Montelena with your information, you are consenting to such transfer. Although Chateau Montelena will use all reasonable efforts to safeguard the confidentiality of any personal information collected, Chateau Montelena will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Accessibility

See our Accessibility Statement here.

Chateau Montelena Wine Club Terms and Conditions

By joining our CellarMaster membership, you affirm that you are signing up for a subscription-based service that will continue until you choose to cancel. There is no minimum term required, and you may cancel or modify your membership at any time by calling 1.800.222.7288,  emailing [email protected], or by contacting us via LiveChat. Any orders billed prior to your closure date are non-refundable and will still be fulfilled as agreed.

How Can You Contact Us About This Policy?

If you have questions or comments about this policy, email us Our Policy Officer at [email protected] or by post to:

Chateau Montelena Winery
Policy OFFICER
1429 Tubbs Lane
Calistoga, CA 94515
USA

If you have any further questions or comments about us or our policies, email us at [email protected].

These Terms of Service were last modified on June 11, 2020.