TERMS OF USE Welcome to the internet sites of Strade Bianche Wines, LLC. Strade Bianche Wines, LLC sites include stradebianchewines.com ("Strade Bianche Wines", "stradebianche.com", "Site", "Sites", "we", "us", and "our"). BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE STRADE BIANCHE WINES, LLC WEB SITES. THE TERMS OF SERVICE MAY BE UPDATED BY STRADEBIANCHEWINES.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE STRADEBIANCHEWINES.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE. Through the Site, you have access to a variety of resources and content. These include: (a) mobile apps, software and software as a service offerings ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts, Webcasts, and demonstrations, and documents such as press releases, white papers and product data sheets ("Materials"); and (c) mobile apps, forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. Strade Bianche Wines and its affiliated companies ("We" or "Strade Bianche Wines") may revise the Terms of Use and at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use at Terms of Use and Privacy Policy at Privacy Policy. USER OBLIGATIONS You agree not to do any of the following while using the STRADEBIANCHEWINES.COM Site: • Intentionally or unintentionally violate any applicable law or regulation. • Access, tamper with, or use nonpublic areas of the STRADEBIANCHEWINES.COM Site or Strade Bianche Wines. Imports computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Strade Bianche Wines reserves the right to allow or not allow other websites to link to stradebianchewines.com THE SALE OF ALCOHOLIC BEVERAGES Strade Bianche Wines does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Strade Bianche Wines makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Strade Bianche Wines is over the age of 21. You also agree that any alcohol purchased from Strade Bianche Wines is intended for personal consumption and not for resale, unless you have a separate agreement with Strade Bianche Wines. 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, Strade Bianche Wines will prosecute you fully to the extent allowable by law. TITLE AND OWNERSHIP Title to, and ownership of, all wine passes from Strade Bianche Wines to the purchaser at the Strade Bianche Wines warehouse located at Rose City Storage and Wine Vault – 111 SE Belmont St. – Portland, OR 97214 at the time of purchase. The purchaser takes all responsibility for the shipping of it from the warehouse to his/her home state. By arranging for transportation of the wine, Strade Bianche Wines is providing a service to, and acting on behalf of, the purchaser. By utilizing this service from Strade Bianche Wines, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. We make no representation as to the legal rights of anyone to ship or import wines into any state outside Oregon. The buyer is solely responsible for the shipment of wines. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine, is legally entitled to take quantities ordered, and once again authorizes that he/ she is over 21 years of age. Our Commitment to Your Satisfaction Strade Bianche Wines is committed to your satisfaction. If you are ever dissatisfied with your order please contact us as soon as possible so we can discuss a remedy. We will respond to your inquiry within 24 hours, but normally much sooner. Email us at In the event you should have a broken bottle please email us within 30 days. We will either replace the bottle (same or similar bottle) or issue a credit valid for use on stradebianchewines.com at our discretion. We may ask for you to take a photo of the problem so we can diagnose it and prevent like situations in the future. PARENTAL CONTROL PROTECTIONS As required by the Communications Decency Act of 1996, Strade Bianche Wines 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 CyberPatrol, NetNanny, SurfWatch, and GuardOne. Strade Bianche Wines does not sponsor or endorse any of these companies or their services. SPECIFIC CONTENT AREAS OF THE SITE Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a or other organization and its users). If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content. USE OF SOFTWARE Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed. USE OF MATERIALS You may download, store, display on your computer, view, listen to, play and print Materials that Strade Bianche Wines publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. All text, graphics, logos, icons, images, audio clips and software on the STRADEBIANCHEWINES.COM Site ("Site Content") are copyrighted materials owned by or licensed to Strade Bianche Wines. The Site Content may contain trademarks, service marks and trade names which are owned by Strade Bianche Wines and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Strade Bianche Wines, its affiliates, or third parties. Unless authorized in writing by an officer of Strade Bianche Wines, Strade Bianche Wines trademarks may not be used in connection with any product or service that is not Strade Bianche Wines, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Strade Bianche Wines. You may not sell, reproduce, copy, duplicate, resell, modify, publicly perform, prepare derivative works based on, frame, mirror, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Strade Bianche Wines or the rights holder. You may distribute, display or repost our content so long as credit is given to Strade Bianche Wines. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Strade Bianche Wines Site. Nothing contained in the Strade Bianche Wines Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Strade Bianche Wines, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Strade Bianche Wines, its affiliates, and/or any third party, as applicable. RESERVATION OF RIGHTS The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Strade Bianche Wines or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Strade Bianche Wines reserves the right to terminate the permissions granted to you in Sections "USE OF SOFTWARE" and "USE OF MATERIALS" above and your use of the Content at any time. Strade Bianche Wines shall have no responsibility to sell mispriced products or services. Strade Bianche Wines shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Strade Bianche Wines shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Strade Bianche Wines shall immediately issue a credit to your credit card account in the amount of the charge. STRADE BIANCHE WINES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING TERMS AND METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. YOUR CONTENT You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Strade Bianche Wines all of the licenses and rights set forth herein. By Sharing Content, you grant Strade Bianche Wines a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Strade Bianche Wines product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Strade Bianche Wines without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Strade Bianche Wines's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law. You agree that you will not Share any Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another's confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Strade Bianche Wines does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Strade Bianche Wines on a non-confidential and unrestricted basis. SECURITY, PASSWORDS, AND MEANS OF ACCESSING THE SITE AND CONTENT You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Strade Bianche Wines accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Strade Bianche Wines accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Strade Bianche Wines accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Strade Bianche Wines accounts, computer systems or networks without Strade Bianche Wines express written permission. Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Strade Bianche Wines immediately of any unauthorized use of your password(s) or account(s). NO UNLAWFUL OR PROHIBITED USE You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site. INDEMNITY You agree to indemnify and hold harmless Strade Bianche Wines, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights. MONITORING Strade Bianche Wines has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Strade Bianche Wines reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion. TERMINATION OF USE Strade Bianche Wines may, in its sole discretion, at any time discontinue providing, or limit access to, the Site, any areas of the Site, or Content provided on or through the Site. You agree that Strade Bianche Wines may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content with or without cause effective immediately. Strade Bianche Wines will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Strade Bianche Wines shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content. LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Strade Bianche Wines is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services. You acknowledge and agree that Strade Bianche Wines is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the STRADEBIANCHEWINES.COM Site does not imply that Strade Bianche Wines endorses the linked site. Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Strade Bianche Wines. Strade Bianche Wines neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this STRADEBIANCHEWINES.COM Site by anyone other than authorized Strade Bianche Wines employees acting in their official capacities. DISCLAIMER EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRADE BIANCHE WINES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. STRADE BIANCHE WINES MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. STRADE BIANCHE WINES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. STRADE BIANCHE WINES RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. LIMITATION OF LIABILITY IN NO EVENT SHALL STRADE BIANCHE WINES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STRADEBIANCHEWINES.COMSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STRADEBIANCHEWINES.COMSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS STRADE BIANCHE WINES’ LIABILITY OR YOUR REMEDIES. FORCE MAJEUR Strade Bianche Wines shall be excused from performance under this Terms of Service if Strade Bianche Wines is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Strade Bianche Wines. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT. PRIVACY POLICY Your use of the STRADEBIANCHEWINES.COM Site is governed by the Strade Bianche Wines Privacy Policy HERE. Strade Bianche Wines is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Strade Bianche Wines Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Strade Bianche Wines Privacy Policy. NOTE ABOUT MINORS Minors are not eligible to use the Site, and we ask that they do not submit any information to us. EXPORT RESTRICTION AND LEGAL COMPLIANCE You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Strade Bianche Wines in violation of any such restrictions, laws or regulations, or without all necessary approvals. APPLICABLE LAWS All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Oregon. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Clackamas County, Oregon. You and Strade Bianche Wines agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. COPYRIGHT/TRADEMARK Copyright © 2019, Strade Bianche Wines and/or its affiliates. All rights reserved. Strade Bianche Wines is the trademark of Strade Bianche Wines and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners. NOTICES Strade Bianche Wines reserves the right to change these terms and conditions from time to time in its discretion. Strade Bianche Wines will give you any necessary notices by posting them on the STRADEBIANCHEWINES.COM Site. You authorize Strade Bianche Wines to send notices via electronic mail as well if Strade Bianche Wines decides, in its sole discretion, to do so. You agree to check the STRADEBIANCHEWINES.COM Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the STRADEBIANCHEWINES.COM Site. CONTACT INFORMATION If you have any questions regarding these Terms of Use, please contact Strade Bianche Wines at bbarnett@stradebianchewines.com. If you have any other questions, contact information is available at the Contact page on the Site. Last Updated: July 16, 2019. To see the prior version of this policy, if any, please email us at bbarnett@stradebianchewines.com.