Last Updated on 11/17/2021
To use this Website Site, you must be 21 years of age or older, the legal drinking age in the United States. If you are under 21 years of age, under no circumstances may you access or use our website, provide any information through any of the features of our website, register for an account on our website, or make any purchases through our website or online store. If you are not of legal drinking age, please exit this Website immediately.
Intellectual Property Ownership
This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned Korbel, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Korbel’s Intellectual Property”). As between Korbel and you, all right, title and interest in and to the content on this Website and Korbel’s Intellectual Property will at all times remain with Korbel. All brand names, product names, titles, slogans, logos, or service names and other marks used on this Website, are registered and/or common law trade names, trademarks or service marks of Korbel.
Restrictions on Use
You may print or have printed by a third party any downloadable information or materials offered on this Website provided that all of the following six conditions are met:
- You require the materials or information solely for, private and not for direct or indirect commercial purposes;
- Your use of the materials is for lawful purposes;
- No copyright or other notice regarding the rights or property of third parties is removed from the materials or information;
- You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or information;
- You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
- You are at least 21 years of age.
Information Submitted Through the Website
Online Membership Accounts
From time to time, certain sections of this Website may be restricted to registered users. Where a registration procedure applies, you may be required to register with Korbel in order to access certain areas of this Website. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access this Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with thus Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or this Website, and to ensure that you “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You hereby agree not to:
- Post, transmit, or otherwise make available through or in connection with this Website:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (f) depicting or endorsing irresponsible drinking; or (g) depicting or endorsing activities that are inappropriate when consuming or after consuming alcoholic beverages such as operating a motor vehicle;
- any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by Korbel in advance;
- any personally identifiable information of another individual, without the prior consent of such individual;
- any material, non-public information about a company, without the proper authorization to do so.
- Use this Website for any fraudulent or unlawful purpose.
- Use this Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of this Website.
- Impersonate any person or entity, including without limitation any representative of Korbel; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Website; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of this Website or the servers or networks used to make this Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using this Website (including without limitation by hacking or defacing any portion of this Website).
- Use this Website to advertise or offer to sell or buy any goods or services for any business purpose without Company’s express prior written consent.
Furthermore, you acknowledge and agree that you (and not Korbel) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use this Website and for paying all charges related thereto.
Forums and Review Submissions
Forums. Korbel may offer features through this Website that enable you to post information, photographs and other materials and images publicly (collectively referred to herein as “Forums”). All of the rules of conduct described herein apply to the Forums. Without Korbel’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
Reviews. We may also enable you to submit a product review (“Reviews”). To write a review you must have purchased a product using a valid method of payment. When you submit or make available any information, photographs or other materials and images through the Forums or otherwise through the Website, you acknowledge and agree that those Reviews, may be made available to the general public, and may be used by Korbel without restriction. The review must be your own original opinion and writing and must not infringe the rights of any third party.
We would like to hear your honest opinion regarding our products. To help other customers, when submitting a Review, please explain what you liked or didn’t like about the product you purchased and explain why you gave the product the rating you awarded. We will publish all reviews, even critical ones, however we reserve the right, at our sole discretion, to edit any Review and to choose to include or not include such Review in the Website. We may reject or remove a review if:
- The review relates to a product that you have not purchased;
- The review does not provide sufficient information to explain the rating;
- The review concerns product availability, quality or other concerns that should be addressed with our customer service team; or
- There are unusually high numbers of reviews for a product posted in a short period of time, or where the review appears to be paid for, incentivized or otherwise not legitimate.
The Forums and Reviews include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Korbel, and Korbel does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Korbel has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.
Links to or from Other Websites
Except as otherwise expressly stated by Korbel on the Website, Korbel is not affiliated or associated with operators of any third party websites that link to or are linked from the Website. Korbel expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Website. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Website because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and at its sole discretion, to block links to the Website through technological or other means without prior notice.
While Korbel endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Korbel makes no commitment to update such material. To the maximum extent permitted by law, Korbel provides you with the Website on the basis that Korbel excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).
If you become aware of any unauthorized third party alteration to the Website, please contact us with a description of the material(s) at issue and the URL or location on the applicable Website where such material(s) appear.
Limitation of Liability
Subject to the Section entitled Indemnification below, Korbel, its affiliated companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Korbel’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these Terms and Conditions shall limit the Korbel’s liability for: (i) death or personal injury caused by the proven negligence of the Korbel, its directors, agents, officers or representatives; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited by law.
Termination and Enforcement
Governing Law and Jurisdiction
The arbitration provisions of this Section shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the United States District Court for the Northern District of California. In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
DIGITAL MILLENNIUM COPYRIGHT ACT
Korbel is committed to respecting and protecting the legal rights of copyright owners. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.
If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send the Korbel a notice requesting that it remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. For more information, visit https://www.copyright.gov.
Notices and counter-notices should be sent to: [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice.
NOTICE TO CALIFORNIA CONSUMERS:
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT
On January 1, 2012, the Transparency in Supply Chains Act came into effect which requires certain large retailers and manufacturers doing business in California to publicly disclose their efforts, if any, to eradicate slavery and human trafficking from their supply chains.
We work to ensure that our employees and all members of our supply chain are treated with dignity and respect. We do not use any forced labor in our operations and we expect the same of our business partners and suppliers. All of our employees are charged with identifying and working with reputable suppliers that are committed to complying with all federal, state, and foreign laws regarding labor practices.
When we source from suppliers, we typically do so from suppliers located in the United States, and we typically do not engage suppliers from countries with an increased risk of human trafficking and slavery. We monitor supplier behavior and compliance to ensure that our suppliers meet our high standards. If we discover a concern with one of our suppliers, we may require appropriate corrective action or terminate the relationship. We have and are continuing to educate our employees who are involved in the procurement of goods and services about the Transparency in Supply Chains Act to guard against any use of forced labor in our supply chains.
Proposition 65 (Prop 65) is a state ballot initiative intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. For more information about Prop 65 and the list of chemicals requiring disclosure, please visit http://www.oehha.ca.gov/prop65.html. Prop 65 entitles California consumers to warnings for the following products:
Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits
WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.
Canned and Bottled Foods and Beverages
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA.
NOTICE TO NEW JERSEY CONSUMERS
Please Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. To learn more about responsible consumption, visit responsibility.org and OurThinkingAboutDrinking.com.