Dawson Wine Advisor Privacy & TOS
Last modified: June 1, 2022
Terms & Conditions
Welcome to dawsonwineadvisor.com the website for Dan Dawson’s Wine Advisor. The terms “Dan Dawson’s Wine Advisor” “dawsonwineadvisor.com,” “DDWA,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
GENERAL TERMS AND CONDITIONS
Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). 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. Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability 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. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
You agree that our company and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our website may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of our company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing.
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, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
THE SALE OF ALCOHOLIC BEVERAGES
Dan Dawson’s Wine Advisor sells alcohol under the California ABC License of Happy Vine LLC, dba First & Franklin Marketplace, at 1331 First Street, Napa CA 94558. All language referring to the sale of alcohol by Dan Dawson’s Wine Advisor is understood to be made under the license of Happy Vine LLC/First & Franklin Marketplace.
Legal Requirements of Selling Alcohol
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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. Dan Dawson’s Wine Advisor uses United Parcel Service (UPS) as it’s wine shipper. Our UPS Shipper Agreement is below.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
You acknowledge that DDWA may collect some personal information (e.g. Billing & Shipping information) as well as the following information as you access the Community:
1. Site activity information. We keep track of some of the actions you take within DDWA.
2. Access Device and Browser Information. When you access DDWA from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
1. Restrictions on Use. We will not disclose your personal information to any third party provided, however, that our obligations under this Subsection shall not apply to information that is in the public domain through no fault of ours or the disclosure of which is required by law.
2. Links to Third Parties. There may be links within DDWA to various third party websites. If you click on such a link and are redirected to a third party website, please note that any information you share will be governed by their privacy policies.
3. Requests. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding our disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please write us at [email protected]
CHANGES TO THIS AGREEMENT
This is the complete Agreement with respect to your use of dawsonwineadvisor.com. However, we may occasionally update this Agreement. When we do, we will also revise the “last updated” date at the top of the copy of the Agreement posted on dawsonwineadvisor.com. For changes to this Agreement we consider material, we will notify you by placing a prominent notice on dawsonwineadvisor.com. Such changes will be effective when posted by us. Your continued use of DDWA after the date upon which this Agreement is changed, and the changes are posted, will constitute your continued acceptance of this Agreement. Your only alternative, should you no longer wish to be bound by this Agreement, is termination of your use of DDWA. No full or partial refunds will be offered in such an event.
In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
Disclaimer of Warranties
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, DDWA shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled.
DDWA/First & Franklin Marketplace Shipper Agreement – UPS
This Agreement is made and entered into by and between United Parcel Service, Inc. (“UPS”) and Dan Dawson’s Wine Advisor/First & Franklin Marketplace (“Shipper”) for the provision of services related to the transportation of packages containing wine (“Wine Shipments”). This Agreement applies only to Wine Shipments. All other shipments by Shipper, including shipments containing alcoholic beverages other than wine, are governed by the UPS Tariff/Terms and Conditions of Service, the UPS Rate and Service Guide, and any other agreement between Shipper and UPS.
UPS agrees to transport Wine Shipments for Shipper on the following terms and conditions:
1. Applicable Terms. UPS shall provide services for Wine Shipments only pursuant to the terms and conditions set forth in this Agreement and attached Addenda, and as they may be amended from time to time. All Wine Shipments also are subject to the UPS Tariff/Terms and Conditions of Service, and the UPS Rate and Service Guide in effect at the time of shipping, the terms of which are each incorporated herein by this reference. In the event of any conflict between the terms set forth in the UPS Rate and Service Guide and UPS Tariff/Terms and Conditions of Service on the one hand, and the terms set forth in this Agreement on the other hand, the terms of this Agreement shall govern.
2. Geographic Coverage. UPS shall provide service for Wine Shipments only to and from the states set forth in Addendum A. UPS reserves the right to add or eliminate permitted states in its discretion without prior notice. Shipper shall not tender Wine Shipments to UPS where the origin or delivery address is in a state not set forth in Addendum A.
3. Shipping By and To Licensed Parties. Shipper represents, warrants and covenants that (i) it has effected and/or obtained and will maintain all licenses, registration, government approvals and authority required by applicable law to cause to be transported Wine Shipments to Shipper’s consignees; (ii) all Wine Shipments are consigned only to consignees who are licensed or otherwise authorized to receive the Wine Shipments under all applicable laws and regulations; and (iii) Shipper’s Wine Shipments can be transported by common carrier. Shipper shall provide on request copies of all licenses evidencing Shipper’s authority to ship wine. Shipper shall verify with the consignee of each Wine Shipment that, where required by law, the consignee is licensed or authorized to receive Wine Shipments.
4. Shipper Compliance With Law.
0. Shipper shall be solely responsible for keeping informed of and in compliance with all applicable laws and regulations governing Wine Shipments, including but not limited to, requirements regarding documentation, licensing, labeling, packaging, quantity restrictions, payment of taxes or fees, and consignee regulatory compliance. Shipper acknowledges and agrees that UPS shall not be responsible for identifying or interpreting any applicable laws or regulations affecting Shipper’s Wine Shipments and that this function is solely Shipper’s responsibility.
1. Shipper shall not tender to UPS any Wine Shipment that does not comply with all applicable laws and regulations. Shipper represents and warrants that all Wine Shipments tendered to UPS for shipment comply with all applicable laws and regulations.
2. UPS shall have the right in its sole discretion to demand from Shipper proof that Shipper has complied with all applicable laws and regulations.
3. UPS shall have no liability to Shipper in circumstances where UPS complies with instructions or requests from law enforcement or other governmental authorities, even if such instructions seem to be inconsistent with applicable laws and regulations.
4. Shipper Compliance With UPS Requirements. Shipper shall comply with UPS’s packaging, labeling, and other requirements set forth in this Agreement, including the requirements set forth in the Addenda, and any amendments that may be made to those requirements. Shipper acknowledges and agrees that the provision of any UPS-provided packaging or labeling, including packaging and labeling required by this Agreement, is not a representation or warranty by UPS that the packaging or labeling complies with applicable laws and regulations for Wine Shipments.
5. Package Level Detail (“PLD”). Shipper shall supply the UPS Service Provider with a hard copy summary manifest at the time that the packages are tendered to UPS for shipment and provide UPS with Timely Upload of electronic Package Level Detail (“PLD”) in a form acceptable to UPS. PLD includes, but is not limited to, consignee’s full name, complete delivery address, package weight, and zone. Timely Upload is defined as the electronic transmission of PLD to UPS at the time the packages are tendered to UPS. Shipper agrees to provide smart labels on all packages tendered to UPS. A smart label, as defined herein and described in the current UPS Guide to Labeling, which may be updated from time to time by UPS, includes, but is not limited to, a MaxiCode, Postal Bar Code, current UPS Routing Code, appropriate UPS Service Icon and a UPS 1Z Tracking Number Bar Code. Shipper further agrees that all shipping locations will use a UPS OnLine or OnLine compatible shipping solution that is approved and authorized by UPS as such.
6. Adult Signature Required; Labeling. Shipper shall only engage UPS to transport Wine Shipments destined for adult consignees. Adult means a person 21 years of age or older. Shipper shall request UPS’s Delivery Confirmation Adult Signature Required service for all Wine Shipments. Shipper must use a UPS automated shipping system to initiate a request for Delivery Confirmation Adult Signature Required service. Shipper must affix a UPS Special Delivery Instructions Label to each Wine Shipment.
7. Reporting; Record-Keeping Requirements. Shipper shall provide UPS, upon request, information necessary to enable UPS to comply with applicable state law reporting and record-keeping requirements for each Wine Shipment as determined by UPS in its sole discretion, which information may include, but not be limited to, consignee name and address, pick up date and package weight for each Wine Shipment.
8. Indemnification. Shipper agrees to indemnify, defend, and hold harmless UPS, its parent corporation, United Parcel Service, Inc. (a Delaware corporation), and its affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses (including reasonable attorneys’ and consultants’ fees), liabilities, penalties, costs, causes of action, enforcement procedures, and suits of any kind or nature (hereinafter “Claims”), of which UPS may hereinafter incur as a result of Shipper’s breach of this Agreement, or performance of its obligations under this Agreement, or its or its consignee’s non-compliance with any laws and regulations applicable to Shipper’s Wine Shipments, whether such action is brought by a governmental agency or other person or entity.
9. Returns or Disposals. Where UPS is unable to deliver a package to an adult recipient for any reason, and return of the package is refused or cannot otherwise be returned to the shipper, UPS shall retain the right in its sole discretion to dispose of the package. Shipper shall promptly provide all assistance that may be required by UPS to effect a return of the package, including completing any necessary forms and accepting return or alternate delivery. Without prejudice to any other rights of UPS, Shipper shall indemnify UPS for any cost, liability, penalty, or expenses it may incur in relation to such returns, including any payment of taxes or fees. UPS reserves the right to dispose of any Wine Shipment tendered for shipment which the Shipper is prohibited from shipping, which UPS is not authorized to accept, which UPS states that it will not accept, or which UPS has a right to refuse.
10. Loss or Damage. UPS’s liability to Shipper for the loss of or damage to goods transported pursuant to this Agreement shall be as set forth in the UPS Tariff/Terms and Conditions of Service and UPS Rate and Service Guide in effect at the time of shipping.
11. Service Guarantee. UPS, in its sole discretion will determine if delivery can be completed and may request photo identification verifying the recipient’s age before completing delivery. The remedy under the Service Guarantee offered by UPS in certain circumstances defined in the applicable UPS Tariff/Terms and Conditions of Service shall not apply if a Wine Shipment is delayed due to UPS’s inability to deliver to an appropriate adult recipient as shall be determined by UPS in its sole discretion.
12. No Dangerous Goods or Hazardous Materials. Shipper shall not tender any Wine Shipment that is subject to dangerous goods or hazardous materials laws or regulations.
13. Term; Termination. The term of this Agreement shall be for one year from the date set forth below. This Agreement shall be automatically renewed for successive one-year periods unless terminated in accordance with this paragraph. Either party may cancel and terminate this Agreement at any time upon seven (7) days’ written notice to the other party. Notwithstanding the foregoing, UPS shall have the right to terminate this Agreement immediately and to cease providing service to Shipper if Shipper fails to comply with any provisions of this Agreement and/or any applicable laws or regulations. If Shipper ships Wine Shipments from more than one location, and Shipper fails to comply with any provision of this Agreement or any applicable laws or regulations, UPS in its sole discretion may terminate some or all of Shipper’s shipment locations.
14. Entire Agreement. This Agreement sets forth the full and complete understanding of the parties with respect to the transportation of Wine Shipments, and supersedes any and all agreements and representations between the parties with respect to the matters herein made or dated prior to the date set forth below.
15. Amendment. UPS shall have the right to unilaterally modify or amend any requirements for Wine Shipments, including as set forth in the Addenda, at any time without prior notice. The effective versions of the Addenda will be those versions posted at www.ups.com/wine at the time of shipping. Notwithstanding the foregoing, UPS may amend the Agreement in part or in whole at any time upon seven (7) days written notice to Shipper.
End of Shipper Agreement