Terms of Service

User Agreement
Welcome to the Internet sites of Kessler Wines and Spirits. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Kessler Wines and Spirits. By using these web sites and any emails or communications received from Kessler Wines and Spirits (collectively called the "Services"), you consent and agree to these terms and conditions.

PLEASE NOTE THAT YOUR USE OF THE KESSLER WINES AND SPIRITS SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS KESSLER WINES AND SPIRITS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE KESSLER WINES AND SPIRITS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY KESSLER WINES AND SPIRITSFROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE KESSLER WINES AND SPIRITS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

Shipping/Delivery
If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. You must be 21 years of age or older to purchase alcoholic beverages. Identification and signature required for delivery. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due.
User Obligations
You agree not to do any of the following while using the Kessler Wines and Spirits Site:
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Kessler Wines and Spirits Site or Kessler Wines and Spirits's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Kessler Wines and Spirits Site except as permitted in writing by Kessler Wines and Spirits.
Copyright
The compilation (meaning the collection, arrangement and assembly) of all content on www.kesslerwine.com is the exclusive property of Kessler Wines and Spirits, and is protected by U.S. and international copyright laws.

Kessler Wines and Spirits and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2004 - 2023 by Kessler Wines and Spirits. Unless otherwise explicitly stated by Kessler Wines and Spirits, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Kessler Wines and Spirits.

Protection of Content Provided by Kessler Wines and Spirits and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Kessler Wines and Spirits Site ("Site Content") are copyrighted materials owned by or licensed to Kessler Wines and Spirits or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Kessler Wines and Spirits 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 Kessler Wines and Spirits, its affiliates, or third parties. "Kessler Wines and Spirits" is a trademark of Kessler Wines and Spirits. Unless authorized in writing by an officer of Kessler Wines and Spirits, Kessler Wines and Spirits's trademarks may not be used in connection with any product or service that is not Kessler Wines and Spirits's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kessler Wines and Spirits. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, 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 Kessler Wines and Spirits or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. 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 Kessler Wines and Spirits Site. Nothing contained in the Kessler Wines and Spirits 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 Kessler Wines and Spirits, 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 Kessler Wines and Spirits, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Kessler Wines and Spirits respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kessler Wines and Spirits's Designated Agent the following information:

1. Kessler Wines and Spirits's Policy Concerning Claims of Infringement

a. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Kessler Wines and Spirits's designated agent as specified below. Please include the following information:
  1. A signature of a person authorized
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Submit the information above to the following designated copyright agent: weborder@kesslerwine.com

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
Correspondence received and Communication
Kessler Wines and Spirits reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Kessler Wines and Spirits may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Kessler Wines and Spirits.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Kessler Wines and Spirits any information that (i) restricts or inhibits any other user from using or enjoying Kessler Wines and Spirits, (ii) in Kessler Wines and Spirits' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Notices
Kessler Wines and Spirits will give you any necessary notices by posting them on the Kessler Wines and Spirits Site. You authorize Kessler Wines and Spirits to send notices via electronic mail as well if Kessler Wines and Spirits decides, in its sole discretion, to do so. You agree to check the Kessler Wines and Spirits 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 Kessler Wines and Spirits Site.
Disclaimer; No Warranty
Kessler Wines and Spirits makes no representations or warranties as to the accuracy of the Content. Kessler Wines and Spirits is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Kessler Wines and Spirits of the error or omission; however, Kessler Wines and Spirits does not warrant that such error or omission will be corrected.

All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Kessler Wines and Spirits has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

ALTHOUGH KESSLER WINES AND SPIRITS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE KESSLER WINES AND SPIRITS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE KESSLER WINES AND SPIRITS SITE. KESSLER WINES AND SPIRITS DOES NOT WARRANT THAT YOUR USE OF THE KESSLER WINES AND SPIRITS SITE, OR THE OPERATION OR FUNCTION OF THE KESSLER WINES AND SPIRITS SITE, 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 THE KESSLER WINES AND SPIRITS SITE 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. KESSLER WINES AND SPIRITS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE KESSLER WINES AND SPIRITS SITE. THE KESSLER WINES AND SPIRITS SITE 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 KESSLER WINES AND SPIRITS AND/OR ITS 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 THE KESSLER WINES AND SPIRITS SITE, THE USE OR PERFORMANCE OF THE KESSLER WINES AND SPIRITS SITE, THE DELAY OR INABILITY TO USE THE KESSLER WINES AND SPIRITS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KESSLER WINES AND SPIRITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KESSLER WINES AND SPIRITS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KESSLER WINES AND SPIRITS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KESSLER WINES AND SPIRITS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KESSLER WINES AND SPIRITS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS KESSLER WINES AND SPIRITS'S LIABILITY OR YOUR REMEDIES.

You agree to indemnify, defend, and hold harmless Kessler Wines and Spirits and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. Kessler Wines and Spirits reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Kessler Wines and Spirits.

Kessler Wines and Spirits shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Kessler Wines and Spirits does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Kessler Wines and Spirits make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. KESSLER WINES AND SPIRITS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Kessler Wines and Spirits shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Kessler Wines and Spirits Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Kessler Wines and Spirits. Kessler Wines and Spirits neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Kessler Wines and Spirits Site by anyone other than authorized Kessler Wines and Spirits employees acting in their official capacities.
External sites
The Kessler Wines and Spirits Site may contain links to other web sites or resources. You acknowledge and agree that Kessler Wines and Spirits 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 Kessler Wines and Spirits Site does not imply that Kessler Wines and Spirits endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Kessler Wines and Spirits and its sites do not constitute an endorsement by Kessler Wines and Spirits of any third party products or services.
Modification
Kessler Wines and Spirits may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Kessler Wines and Spirits reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
Privacy Policy
Your use of the Kessler Wines and Spirits Site is governed by the Kessler Wines and Spirits Privacy Policy.
Force Majeure
Kessler Wines and Spirits shall be excused from performance under this Terms of Service if Kessler Wines and Spirits 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 Kessler Wines and Spirits.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Kessler Wines and Spirits, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Kessler Wines and Spirits and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, 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 the Kessler Wines and Spirits Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 Kessler Wines and Spirits to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kessler Wines and Spirits in writing. The Terms of Service, along with the Kessler Wines and Spirits Privacy Policy, comprises the entire agreement between you and Kessler Wines and Spirits and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Kessler Wines and Spirits. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Kessler Wines and Spirits shall be null and void. These Terms of Service will inure to the benefit of Kessler Wines and Spirits's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
Acceptance; Miscellaneous
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Kessler Wines and Spirits. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Kessler Wines and Spirits with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.

If you have any questions about these Terms of Service, please email us at weborder@kesslerwine.com.

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