Last Updated:  September 1, 2013

Welcome to the Boich Family Cellar (“we,” “us,” or “BFC”) website (the “Website”).  These Terms of Use govern your use of the Website.  By accessing and using the Website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use the Website.

These Terms and Conditions may be changed from time to time.  When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made.  Your use of the Website after such posting will constitute your acceptance of such changes.

The webSite is not intended or designed for persons under the age of 21.  IF YOU ARE UNDER THE AGE OF 21, PLEASE DO NOT USE THE WEBSITE.

1. Website Content.

All materials on the Website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and animation, are owned by BFC or its licensors, and are protected by U.S. and international laws, including laws governing copyrights and trademarks.  By accessing the Website, you are granted a limited license to access and use the Website (including downloading or printing such materials for your personal reference).  You have no other right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense materials or content available on the Website.

The trademarks “Boich Family Cellar” and BFC logo are owned by BFC.  Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners.  Your use of the Website in no way grants you any right or license to reproduce or otherwise use any BFC or third-party marks, logos or trade names.  You may not copy or use any of these marks, logos or trade names without the written permission of the owner.

2. Use of Website.

Information provided on the Website is strictly for your personal, non-commercial use.  Any use of the Website for any other purpose is prohibited.  You represent and warrant that your use of the Website will be in accordance with these Terms and Conditions, BFC’s Privacy Policy, and all applicable laws and regulations.

You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (i) accessing content or data not intended for you or for which you do not have authorization, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Website or to breach security or authentication measures; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, viruses, worms, deliberately corrupted or harmful data, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (iv) using the Website (or any part thereof) to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BFC in providing the Website.  Reproduction of the Website in any part or form is strictly prohibited.  Any violation of system or network security may subject you to civil and/or criminal liability.

BFC will only collect and use your personal and non-personal information as designated in our Privacy Policy.  Please refer to our Privacy Policy for a full description of the privacy and protection we provide.  You represent that you have read and understood our Privacy Policy.

3. Third Party Sites.

The Website may include links to other websites or applications (each, a “Third Party Site”).  We do not control or endorse any Third Party Site, and we are not responsible for the accuracy or availability of, or for any content, product, advertising or other materials presented in or provided by, such Third Party Site.  BFC will not be responsible for any losses or damages incurred from dealings with or contact with third parties available through the Website.  Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.  If a dispute arises between you and a third party, BFC has no responsibility in the matter and is under no obligation to be involved in the resolution efforts.

4. Sale of Alcoholic Beverages.

Sales to Adults Only.  BFC does not sell wine (or any other alcoholic beverage) to persons under the age of 21.  You must be 21 years of age or older to order or receive wine from BFC.  By accessing and using the Website, you represent and warrant that you are 21 years of age or older and that the person receiving any shipment of wine from BFC is 21 years of age or older.  All shipments of wine from BFC are sent with an “Adult Signature Required” sticker, and the common carrier that delivers our wine is required to ask and check for identification upon delivery.  This means that a person over the age of 21 must be present at the time of delivery.  If you are under the age of 21 and misrepresent your age to purchase wine from BFC, BFC will assist the proper authorities in prosecuting you to the fullest extent of the law.

You further represent and warrant that any wine purchased from BFC is intended for personal consumption and not for resale.

As required by the Communications Decency Act of 1996, BFC 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.

Credit Card Charges.  You must pay for your online order by credit card.  We accept Visa, MasterCard, and American Express.  You agree to review the charges and information you supply before finalizing any transaction and you hereby direct and authorize BFC to charge your credit card.   Any transaction made through the Website will reference BFC on your credit card statement.  You are responsible for all charges and taxes incurred through your transactions.  If you discover a billing error or have questions about any transaction, please contact us immediately at:

Boich Family Cellar

1 Market Plaza Suite 4150

San Francisco, CA 94105

Phone: 707-254-8500

Online: info@boichfamilycellar.com

You will be asked to provide your credit card billing address at the time of your order.  The billing address will be the address to which your order will be shipped.  If you wish to ship to an address different than your billing address, please provide this information at the time of your order.

If, for any reason, BFC does not receive payment for any amounts that you have authorized to be charged to your credit card, you agree to pay such amount immediately upon demand by BFC.  You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by BFC in collecting the authorized but unpaid amounts.  However, nothing in this paragraph imposes any obligation on BFC to pursue collection of such amounts.

Errors and Omissions.  We make every effort to ensure that our product listings are accurate.  However, occasionally, our listed prices, bottle sizes or quantities may be incorrect.  If there is a such a mistake, we will contact you.  If your credit card has not been charged, you may elect to proceed with your order or cancel your order at no charge.  If your credit card has been charged, you may elect to keep the order or request that BFC refund your payment (which BFC will promptly refund).  As set forth in Section 5, BFC shall have no other liability for such errors.

5. Disclaimer of Warranty and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY.  THIS SECTION LIMITS THE LIABILITY OF BFC AND ITS OFFICERS, DIRECTORS, AGENTS, MEMBERS, REPRESENTATIVES, MARKETING PARTNERS, LICENSORS, OR EMPLOYEES (“AFFILIATED PARTIES”).  EACH OF THE SUBSECTIONS BELOW APPLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

“As-Is” Basis.  BFC provides the Website on an “AS IS” and “AS AVAILABLE” basis.  YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.  BFC MAKES NO CLAIMS OR PROMISES about (i) any opinions, advice, statements, reviews, or other information or content made available on the Website, or (ii) the accuracy, completeness, or usefulness of any information made available on the Website.

No Warranties; Release.  BFC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, whether express or implied, statutory or otherwise, with respect to the Website (or any information or material contained on, or product offered through, the Website).  BFC does not grant, and hereby disclaims, any and all implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any arising out of course of performance, course of dealing or usage of trade.  BFC DOES NOT WARRANT THE ACCURACY, ADEQUACY, AVAILABILITY, TIMELINESS, OR COMPLETENESS OR SUITABILITY OF ANY INFORMATION OR MATERIAL ON, OR PRODUCT OFFERED THROUGH, THE WEBSITE.  It is your responsibility to ensure that any products offered through the Website meets your specific requirements.  BFC does not warrant that your use of the Website will be secure, uninterrupted, error-free, available, accurate, free of defects, or viruses, or that any defects in the Website will be corrected.  BFC makes no warranties about the connectivity and continued availability of the Website.

YOU agree to release BFC AND ITS AFFILIATED PARTIES from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of THE WEBSITE (including any INFORMATION or material contained on, or product offered through, the website).

Limitation on Liability.  IN NO EVENT WILL BFC OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE (OR ANY INFORMATION OR MATERIAL CONTAINED ON, OR PRODUCT OFFERED THROUGH, THE WEBSITE), INCLUDING, BUT NOT LIMITED TO, (I) LOSS OF PROFITS, (II) BUSINESS INTERRUPTION, (III) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA, EVEN IF BFC OR ANY OF ITS AFFILIATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF USE, BFC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE) IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BFC IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100).

Sole and Exclusive Remedy.  If you are dissatisfied with any of these Terms and Conditions, your sole and exclusive remedy is to stop using the Website.

6. Indemnification.

You agree to indemnify, defend and hold BFC and its Affiliated Parties harmless from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by BFC and its Affiliated Parties in connection with any claim by a third party arising out of or in any way relating to (i) your use or misuse of, or inability to use, the Website (including any information or material contained on, or product offered through, the Website) or (ii) your violation of these Terms of Use or your violation of any rights of a third party.  You agree that you will cooperate as reasonably requested by BFC in the defense of such claims.  BFC and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any such matter.

7. General Provisions.

Comments.  By sending any suggestions, improvements, concepts, information or other materials to BFC related to BFC, the Website and/or any product offered by BFC, you grant BFC the worldwide, nonexclusive, royalty-free, irrevocable, perpetual right to use and distribute any materials, product or content developed from the materials you send.  BFC has no obligation to pay you or anyone else any royalties or other fees associated with the reproduced content or ideas.

Modification.  We reserve the right to modify or terminate of all or any part of the Website (including any information or material contained on, or product offered through, the Website) at any time without notice.  All such modifications or terminations will be made in the sole discretion of BFC and you agree that BFC will not be held liable to you or to any third party for any such modification or termination.

Governing Law and Venue.  California law governs these Terms of Use, as well as any claim, cause of action or dispute that might arise between you and BFC, without regard to conflict of law provisions.  For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state courts located in Napa County, California and federal courts located in the City and County of San Francisco, California.

No Joint Venture or Partnership.  Nothing in these Terms of Use may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.

Severability.  If any provision of these Terms and conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms and Conditions shall remain in full force and effect.

Complete Agreement; Waiver.  These Terms and Conditions contain the entire agreement between you and BFC regarding your use of the Website (including any information or material contained on, or product offered through, the Website), and supersede any prior agreement between you and BFC on such subject matter.  The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.  The failure of BFC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

Contact Information.  If you have any questions or need further information relating to the Website, or need to notify BFC as to any matters relating to the Website or any information or material contained on, or product offered through, the Website, please email us at info@boichfamilycellar.com