Please read these terms and conditions carefully before using our service.
DEFINITIONS
For the purposes of these Terms and Conditions:
Country refers to: Michigan, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Westers Family Vineyard and Winery LLC, 10473 Churchill Rd. Rives Junction, MI 49277.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Westers Family Winery, accessible from westersfamilywinery.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
In the use of these services you acknowledge you are older than the age of 18. If you are Under the age of 18 you are not permitted to use the service.
You are responsible for understanding the obligations laid out in these Terms and Conditions. If you are unable to acknowledge and comply with the statements of this agreement you shall not use the Service, and you are advised to seek counsel of a person or persons capable of understanding any and all terms in this Agreement and conveying those responsibilities to you before using the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by You or other users), are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
The republication, distribution or sub-licensing of content of the service and its licensors is unacceptable and is subject to penalties, unless having received prior written consent from the Company.
THIRD PARTY LINKS
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
YOUR RESPONSIBILITIES
You are solely and entirely responsible for your use of the website and your computer, internet, and data security.
You waive the company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the company or by law enforcement authorities.
LIMITATION OF LIABILITY
Your only remedy with respect to any dissatisfaction with our Service, our Terms or any policy and any of its representatives, or any content or information transmitted through our Service, is to stop using our Services.
Under no circumstances shall company and its officers, directors, employees, agents, successors and permitted assigns be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of our Services. This includes but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of our Services.
Under no circumstances shall we be liable for the acts, omissions or conduct of any third party users of our Services and you must ensure that you inform such third parties, who may benefit from any part of our Services, of this fact in any case they are engaged with you in any way in respect of our Services.
To the fullest extent of the law without limiting the foregoing in this section entitled “Limitation of Liability” the limit on company’s total cumulative liability to you or any person from any and all claims arising from or relating to our Services shall be limited to a maximum of $10.00.
Should a jurisdiction that does not allow the exclusion of incidental, special or consequential damages apply to our Terms, the total liability to you or any person in connection with incidental, special or consequential damages shall be limited by the above paragraph of this section entitled “Limitation of Liability.”
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company through the use of a written notice.
GOVERNING LAW
The Website and This agreement will be governed by and construed in accordance with the laws of The State of Michigan, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and/ or under this Agreement will be instituted in the courts of The State of Michigan, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
INTERPRETATIONS
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO TERMS AND CONDITIONS
The terms and conditions stated here are subject to update and change in the future. The continued use of our service reflects the ongoing agreement of those changes to these terms and conditions. If you are not in agreement with these terms and conditions do not use this website and its services.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact us:
By mail: 10473 Churchill Rd. Rives Junction, MI 49277 USA
