Terms of service
TERMS AND CONDITIONS
Thank you for visiting https://oneinamillionwine.com, the website of THE ONE IN A MILLION® (the “Site”). Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy (below). By accessing and using this Site, you are agreeing to these Terms of Use and our Privacy Policy. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. The content of the pages of this website is for your general information only. We do not provide any warranty or guarantee as to the accuracy, timeliness, or completeness of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Site is owned by Puerta Dorada LLC dba THE ONE IN A MILLION, Post Office Box 1122, Saint Helena, CA 94574, USA (“THE ONE IN A MILLION", "TOIAM", “us”, “we”, or “our”).
THE ONE IN A MILLION reserves the right to modify and update these policies at any time, and it is specified that any modifications and updates of the policies shall apply as soon as they are posted online.
USER AGE
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. THE ONE IN A MILLION does not knowingly attempt to solicit or receive any information from persons under age 21. By using the Site, you are representing that you are at least 21 years of age.
ATTENTION CALIFORNIA RESIDENTS
Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.
PRIVACY
It is important that you understand the way in which we will use the information about you. Please refer to Our Privacy Policy for further details.
TRADEMARK
THE ONE IN A MILLION ® is a registered trademark owned by us, along with other logos and creative materials on our products and on this Site. Any use or reproduction of these trademarks without our prior written consent is prohibited.
All logos and graphics using the ONE IN A MILLION name are the intellectual property of THE ONE IN A MILLION. THE ONE IN A MILLION's logo may not be used without prior written permission. All materials on this Website, including, but not limited to, graphics, design, text, layout, audio, and video are the property of THE ONE IN A MILLION, or are used with permission of third party licensors and are protected by copyright or other intellectual property laws. You may not use, transmit, reproduce, or distribute any of the information or material on any other site, in the metatags of any other site, or in any other material. Except as provided herein, you are not permitted to modify, create derivative works, distribute, or otherwise use any material found within this Website.
USE OF AND DOWNLOADING OF MATERIALS
Materials on this 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 THE ONE IN A MILLION, nor may you mirror on your own site, or other publication, the home page or results pages of this 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 THE ONE IN A MILLION even if your website or Internet activity is free of charge.
NO WARRANTIES
We assume no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, or images from the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE ONE IN A MILLION, 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 MARTIN ESTATE 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 THE ONE IN A MILLION and its affiliates, related companies, directors, officers, employees, shareholders, successors or heirs harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site, or your breach or violation of the law or of these Terms of Use.
OUR COMMITMENT TO ACCESSIBILITY
THE ONE IN A MILLION is committed to accessibility, diversity and inclusion. We believe all of our visitors should be able to experience our site. We are currently in the process of modifying and updating our website to help ensure that it is accessible to all. If you are having difficulty with your browsing experience, contact us at info@oneinamillionwine.com and we will be able to provide you with assistance.
TERMINATION
You agree that THE ONE IN A MILLION, 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 THE ONE IN A MILLION believes that you have violated or acted inconsistently with these Terms of Use. THE ONE IN A MILLION reserves the right to prohibit or restrict access to the Site to anyone at any time, with or without cause. THE ONE IN A MILLION 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 THE ONE IN A MILLION 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.
DISPUTE
Your use of this website and any dispute arising out of such use of the website is subject to the Laws of the United States. California Law, and controlling United States Federal Laws will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa, Napa County, State of California, United States, for the resolution of all disputes arising from, or related to these Terms and Conditions or your use of the website.
CHANGES TO THESE TERMS
We may amend these Terms from time to time. We will post changes to these Terms on this Site.