Welcome to the Heitz Wine Cellars website. Please review the following terms of use (the "Terms") that govern your access to and use of the Web Site, and our Privacy and Shipping Policies. Please note that your use of and access to our Web Site constitutes your agreement to comply with and be bound by these Terms and Policies. These Terms and Policies may be updated and changed by us from time to time, in our sole discretion. Your continued use of this Web Site following any changes to these Terms and Policies will be deemed to constitute your acceptance of such change.

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

TERMS OF USE

Permitted Users
This Web Site is intended to be used and accessed by persons who are of the legal age to purchase and consume alcohol. You must be 21 years of age or older to use and access this Web Site. If you are not, please exit this Web Site immediately. By continuing, you affirm that you are 21 years of age or older.

Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Web Site are proprietary to Heitz Wine Cellars and its affiliates. You may browse the Web Site and may download material displayed on the Web Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other web site, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Web Site, or the making of any derivative works from this Web Site, is prohibited.

User Submissions
This Web Site may now or in the future permit the submission, sharing or publishing of photographs, videos, comments, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the Heitz Wine Cellars Privacy Policy set forth below, any User Submission you transmit or post to this Web Site will be considered non-confidential. In addition, by submitting any User Submission to Heitz Wine Cellars, you hereby grant Heitz Wine Cellars a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Web Site and Heitz Wine Cellars' business. You hereby grant each user of the Web Site a non-exclusive license to access your User Submissions through the Web Site and to display and publicly perform such User Submissions as permitted through the functionality of the Web Site and under these Terms.

In connection with User Submissions, you agree that you will not submit material that: (1) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Heitz Wine Cellars all of the license rights granted herein; (2) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (3) could damage the reputation of Heitz Wine Cellars or any third party; or (4) impersonates another person.

Heitz Wine Cellars does not endorse any User Submission or any opinion, recommendation or advice therein, and Heitz Wine Cellars expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Heitz Wine Cellars with respect thereto.

DISCLAIMER OF WARRANTIES
HEITZ WINE CELLARS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HEITZ WINE CELLARS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HEITZ WINE CELLARS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. HEITZ WINE CELLARS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. ANY USE OF THE WEB SITE IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY
YOU AGREE THAT HEITZ WINE CELLARS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF OR BROWSING IN THE WEB SITE, OR YOUR LINKS TO OTHER SITES FROM THIS WEB SITE, EVEN IF HEITZ WINE CELLARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT HEITZ WINE CELLARS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnity
You agree to defend, indemnify and hold harmless Heitz Wine Cellars, its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Web Site or from any breach by you of the Terms, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Heitz Wine Cellars shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

Termination
At its sole discretion, Heitz Wine Cellars may modify or discontinue the Web Site, or may modify or terminate your access to the Web Site, for any reason, with or without notice to you and without liability to you or any third party.

Linking
Heitz Wine Cellars may provide links to web sites owned or operated by third parties. Heitz Wine Cellars does not endorse the content or any products or services available on such web sites and is not responsible for such content or its security. Your linking to any other web sites from this Web Site is at your own risk.

General
These Terms (as well as the Privacy Policy and Shipping Policy) are governed by the laws of the State of California without regards to its conflict of laws principles. If any provision of these Terms or Policies are found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Policies, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Web Site is void where prohibited.

PRIVACY POLICY

Heitz Wine Cellars has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices of Heitz Wine Cellars.

1. We may collect personally identifiable information from you, such as your name, email address or mailing address, when you visit the Web Site, or when you download any of the images, graphics or text material ("Material") on the Web Site or email us with a question or concern. All references to 'our', 'us', 'we', 'Heitz Wine Cellars' or 'Web Site' within this policy are deemed to refer to Heitz Wine Cellars and its subsidiaries and affiliates.

2. Heitz Wine Cellars will not share, rent or sell your personally identifiable information to any non-affiliated organization or company without your consent. However, we may disclose your personally identifiable information under limited circumstances if we conclude we are required by law to do so or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Heitz Wine Cellars, its customers or the public.

3. All of the customer data we collect is stored on a secured server to protect against unauthorized access. Heitz Wine Cellars takes information security very seriously and uses reasonable administrative, technical, physical and managerial measures to protect your personally identifiable information from unauthorized access. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personally identifiable information and cannot assume liability for improper access to it.

4. Heitz Wine Cellars will track visits to the pages and links on our Web Site so we can make decisions about the design and usage of the Web Site. While we may choose to share aggregate information, such as statistics, on consumer behavior to third parties, none of this aggregate information contains personally identifiable information.

5. Our Web Site may use cookies to enable us to recognize users who have previously visited the Web Site when they return to the Web Site. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but most allow you to prevent that by making a change to your browser options. Even without a cookie, you can still use most of the features on our Web Site.

6. Protecting the privacy of the young is of paramount importance. We never collect or maintain information from those we actually know are under the age of 21, and no part of our Web Site is directed at or designed to attract anyone under the age of 21.

7. Heitz Wine Cellars may provide links to web sites owned or operated by parties other than Heitz Wine Cellars whose policies regarding the handling of personally identifiable information may differ from ours. Heitz Wine Cellars is not responsible for the information handling practices of these other web sites. These linked web sites have separate and independent privacy policies and terms of use, which we urge you to read carefully.

8. From time to time, Heitz Wine Cellars will contact our registered users who have opted in to be e-mailed with promotional information that we feel would be applicable to, and desired by that user. At any time a user wishes to opt-out of these e-mails, they may do so by contacting info@heitzcellar.com. Once opted-out, the user will not receive any further communication from us, aside from any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries.

9. On occasion, Heitz Wine Cellars may sponsor sweepstakes and other promotions that are managed by third-party organizations. Information and data gathered in those instances will be held by the third-party and will normally be shared with Heitz Wine Cellars. Once shared with Heitz Wine Cellars that data and information is subject to Heitz Wine Cellars' stated privacy policy. However, information and data retained by the third-party will be subject to the privacy policy stated by the third-party, and Heitz Wine Cellars has no responsibility for the third-party's actions.

10. By using our Web Site, you consent to the guidelines described in this Privacy Policy, the Terms of Use and the Shipping Policy. The provisions of this Privacy Policy are subject to change. Heitz Wine Cellars will post changes to the Privacy Policy on this page. We encourage you to check this page regularly, as your continued use of this Web Site following any changes to this Privacy Policy will be deemed to constitute your acceptance of such change.

11. This Privacy Policy is effective as of 1/3/2013.

SHIPPING POLICY

Due to the restrictions of many state laws, we only ship wine to those states where direct shipment is permitted by law; currently we ship to AK, CA, CO, CT, FL, GA, HI, ID, IL, IA, ME, MD, MI, MN, MO, NE, NM, NV, NH, NY, NC, ND, OH, OR, SC, TN TX, VT, VA, WA, DC, WV, WI, WY. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information. (Non- alcohol items can be shipped anywhere in the United States.) In addition, each state imposes limitations on the amount of wine any particular resident may receive by direct shipment. Certain states also have dry areas to which alcohol cannot be shipped, so there are certain zip codes that we cannot ship to. To ensure that you are able to order wine for direct shipment from our website, please consult the specific state requirements for your state.

Please note that all orders must be placed by persons who are at least 21 years old, and that age verification will be required upon receipt of your wine. No wine will be delivered to visibly intoxicated persons and any person unable to provide age verification will forfeit their right to receive the shipment until identification is produced. In such circumstances, the order may either be held in storage at a local depot of the shipping company until appropriate identification is produced, or shipped back to the winery. All associated costs will be the responsibility of and be charged to the customer.

You will be charged the applicable sales tax, if any, assessed by your state for any shipment that Heitz Wine Cellars makes; otherwise California sales tax will be assessed on the sale. Shipping and handling costs for wine will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by state and time of year, and Heitz Wine Cellars cannot take responsibility for the condition of any wine shipped by Ground.

If you cancel an order, you may be charged a 10% restocking fee, and you will not receive a refund of shipping charges if the order has already been shipped.