Terms & Conditions

Terms of Use
Welcome to Zero 815Winery.com (this “Site”).

This Site is owned and operated by Zero 815 Winery (“Zero 815 Winery,” “we,” “us”, and “our”). We operate this Site for the benefit of our customers. This Site provides a quick and easy way to learn about us, join our club and find and place orders.

Your Consent to These Terms of Use

Your use of this Site is subject to these Terms of Use (“Terms of Use”). By accessing or using this Site, you agree to be legally bound by these Terms of Use. Please read these Terms of Use carefully. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS OF USE, YOU MUST LEAVE THIS SITE IMMEDIATELY.

You Must Be at Least 21 Years Old to Use this Site

You must be at least 21 years old to use this Site. By accessing or using this Site you represent and warrant to Zero 815 Winery that you are at least 21 years old. IF YOU ARE NOT AT LEAST 21 YEARS OLD, YOU MUST LEAVE THIS SITE IMMEDIATELY.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. By accessing or using this Site following any such change, you are agreeing to be bound by the revised Terms of Use. We will alert you to changes in these Terms of Use by providing a notice at the top of this page for at least 30 days after the new effective date. For this reason, it is important for you to review our Terms of Use on a regular basis.

You may view or print the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site.

Supplementary Notices

These Terms of Use may be supplemented or amended from time to time by instructions, rules and other notices (“Notices”) posted on certain pages of this Site. Generally, these Notices contain special terms and conditions that govern certain features or functionality of this Site. All such Notices are part of and hereby incorporated into these Terms of Use.

Our Online Privacy Policy

Our Online Privacy Policy (our “Privacy Policy”) describes how we protect your privacy when you use this Site. To review our Privacy Policy click here. Our Online Privacy Policy is part of and is incorporated into these Terms of Use.

Allergies to Sulfites

Some wines contain sulfites. You are responsible for knowing whether you are allergic to sulfites. Zero 815 Winery is not responsible and will not be liable to you if you have an allergic reaction to wine you purchase from a Zero 815 Winery store.

Sale and Regulation of Alcoholic Beverage

Conditions of Sale. Zero 815 Winery does not sell or ship alcoholic beverages to persons who are under the age of 21, nor do we sell alcoholic beverages for resale. By using this Site, you represent and warrant to Zero 815 Winery that you are 21 years or older and that any person you designate to receive a shipment of alcoholic beverages is 21 years or older. You also agree that any alcoholic beverages you order through this Site will be used only for personal consumption and will not be resold. If you misrepresent your age, the age of the person you designate to receive a shipment of alcoholic beverages, or the intended use of the alcoholic beverages you order through this Site intentionally or unintentionally, Zero 815 Winery reserves the right to prosecute you to the full extent of the law. IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU MAY NOT USE THIS SITE AND MUST LEAVE THIS SITE IMMEDIATELY.

Availability of Particular Wines and Vintages

From time to time, particular wines and vintages will sell out or be replaced. If an item on your order can not be filled, Zero 815 Winery may contact you regarding a substitute item.

Ownership of Site and Content

All rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, “Content”) are owned by Zero 815 Winery or by other third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and Zero 815 Winery owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content on this Site to which you have properly gained access, but only in connection with a corporate gift. If you are accessing this Site on behalf of your company or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Third-Party Content

Some of the information, articles and other materials available through this Site are provided to Zero 815 Winery by third parties, including, for example, wineries that produce the wines selected by Zero 815 Winery. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. Zero 815 Winery does not endorse these materials or the third parties who supply them to us, nor does Zero 815 Winery warrant or represent that these materials are current, accurate, complete or reliable.

User Content                                                                                                         

Rules Governing User Content. The following additional terms and conditions apply when you post wine reviews, comments or other content on this Site (“User Content”).

You may not:

  • post any User Content that is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right;
  • post any User Content that is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
  • post any User Content that you know (or reasonably should know) is false, deceptive or misleading;
  • post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • post any private information about another person, including addresses, phone numbers, email addresses, and so on;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • use the Site in a manner that violates any laws or regulations;
  • use the Site to solicit money, goods or services for private gain;
  • use the Site to solicit money, goods or services for any charitable purposes;
  • use the Services to promote political views or candidates;
  • use the Services to advertise any goods or services or to solicit the purchase or sale of any products or services;
  • use the Site to transmit chain letters or junk email to other members;
  • use the Site to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  • use the Site in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site;
  • use the Site to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Site in a manner that, in our sole discretion restricts or inhibits any other User from using or enjoying the Site.

Right to Monitor and Remove User Content. You understand that Zero 815 Winery has the right (but not the obligation) to monitor User Content and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms of Use or for any other reason.

Ownership of User Content. The User Content you provide to us shall be and remain exclusively the property of Zero 815 Winery. Your submission of User Content will constitute an assignment to us of all worldwide rights, title and interests in your User Content, including all copyrights and other intellectual property rights in your User Content. By submitting User Content, you represent and warrant to Zero 815 Winery that the User Content is your original work. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any User Content that you do not wish to assign to us. The foregoing notwithstanding, we will not use your User Content in a way that identifies you personally without your permission.

Your Privacy. To protect your privacy, do not use your full name or provide other information that would allow others to identify you personally when you post User Content on this Site.

Agent to Receive Notification of Claimed Infringement

Zero 815 Winery does not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through this Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html

Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity).

Your notice must be in writing and must include the following:

  • a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
  • a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
  • enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
  • a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
  • a statement that all of the information you have provided is accurate; and
  • a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Zero 815 Winery
c/o Karl Hogsett
 11157 W. US Hwy 290

Hye, TX 78635
Toll-Free: (830) 644-2000
Email: sip@zero815winery.com


Trademarks
This Sites contains registered and unregistered trademarks of Zero 815 Winery and third parties (the “Trademarks”). You may not use any Trademarks displayed on this Site without the prior express written permission of Zero 815 Winery or the trademark owner.


Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site and the Zero 815 Winery concept, including your ideas for new features and other ways that we can make this website or our stores more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Site shall be and remain the exclusive property of Zero 815 Winery. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ZERO 815 WINERY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZERO 815 WINERY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY

ZERO 815 WINERY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.

UNDER NO CIRCUMSTANCES, SHALL ZERO 815 WINERY, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZERO 815 WINERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ZERO 815 WINERY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO ZERO 815 WINERY IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Parental Control

As required by the Communications Decency Act of 1996, Zero 815 Winery hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are Covenant Eyes, SafeEyes, CyberPatrol, NetNanny, SurfWatch, and GuardOne. Zero 815 Winery does not endorse any of these companies or their services.

Links to Sites Operated by Third Parties

This Site may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Site, you do so at your own risk.

Links to Other Zero 815 Winery Websites

This Site may contain links to other websites owned by Zero 815 Winery. Different websites were designed for different purposes and, therefore, may have different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above) apply only to Zero 815 Winery.com. Before you use any other Zero 815 Winery website, you should review the applicable terms of use and policies for that website.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

Zero 815 Winery’s headquarters are located in Hye, Texas, USA. These Terms of Use shall be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and us with respect to the Services and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to the Services.

Questions About These Terms of Use

If you have questions about these Terms of Use:
Send an e-mail to sip@zero815winery.com and write “Terms of Use” in the subject line