INTELLECTUAL PROPERTY RIGHTS
It is your responsibility to maintain the confidentiality of your password to prevent unauthorized use of your account.
This Site contains material (text, images, and functionality) which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, photographs, and graphics of this Site. Reproduction is prohibited.
Moon Hollow is a registered trademark of MXB Family Limited Partnership.
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offence. From time to time, this Site may also include links to other Sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Site(s). We have no responsibility for the content of the linked Site(s).
DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis and the warranties on the part of Moon Hollow contained in this Terms are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Moon Hollow, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MOON HOLLOW EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
The information and content included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information and functionality contained with the Service and Moon Hollow and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from Moon Hollow or through the Service shall create any warranty not expressly stated in the Terms.
Except as otherwise expressly provided in the Terms, Moon Hollow does NOT represent or warrant:
- That the Service will meet your requirements.
- That the Service will be uninterrupted or error-free, timely or secure.
- That defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- That the use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
LIMITATION OF LIABILITY
YOU AGREE THAT MOON HOLLOW SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION
o DAMAGES FOR LOSS OF USE
o DAMAGES FOR LOSS OF DATA
- ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES
- DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE
- SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE
- DELAY IN OPERATION OR TRANSMISSION
- COMPUTER VIRUS
- COMMUNICATION LINE FAILURE
- DESTRUCTION OR UNAUTHORIZED ACCESS
- WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF MOON HOLLOW OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
- IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE
- AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF Moon Hollow TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO MOON HOLLOW
You agree to indemnify, defend and hold harmless Moon Hollow, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
MODIFICATION AND TERMINATION OF THE SERVICE
You agree that Moon Hollow, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Moon Hollow believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Moon Hollow may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice.
ENTIRE AGREEMENT; AMENDMENT
These Terms constitute the entire agreement between Moon Hollow and its users and supersede any previous agreement or understanding between Moon Hollow and its users.
GOVERNING LAW; DISPUTE RESOLUTION
These Terms shall be governed in all respects by California law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. Any dispute arising under these Terms shall be resolved by binding arbitration commenced and conducted in San Francisco, California before JAMS.
You must be 21 years of age or older, to order or receive alcoholic beverages from Moon Hollow. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated) with government-issued photo identification. Wines purchased from Moon Hollow are not for resale, and are for personal consumption only.
CREDIT CARD CHARGES
Orders are by credit card only. We accept Visa, MasterCard, and American Express.
There is a 3 bottle minimum per order.
STATES AUTHORIZED FOR DIRECT SHIPMENT
At this time, Moon Hollow only ships in California.
Federal Express Ground is Moon Hollow's carrier of choice. Ground shipping is provided by Federal Express Ground at current market rates.
WINE IS A DELICATE COMMODITY
Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Moon Hollow is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.