TERMS OF USE

Welcome to our website. The following Terms of Use govern your use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter and Instagram, (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. References to “Long Shadows”, “we,” “our,” “us” or “Our Brand” herein refer to Long Shadows Vintners, LLC, and its brands, affiliates and service providers, and references to our “Site” refer to this website, our Social Media Sites, and our mobile apps.

By Using our Site, You Agree to These Terms of Use
We may modify these Terms of Use at any time. Each time you access our Site, it is your responsibility to review these Terms of Use for updates. Your continued use of the Site after we have posted any modifications means you accept such modified Terms of Use. If you disagree with these Terms of Use (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits (“Promotional Terms”). If these Terms of Use are inconsistent with those Promotional Terms, those Promotional Terms will control.

You Must be 21 Years or Older to Use our Site
If you are younger than 21, please exit our Site immediately. We do not sell alcohol to persons under 21. By continuing, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your state or country of residence.

Privacy Practices
Any personal information submitted by you via our Site is governed by our Privacy Policy. Please review this policy (at the end of this page) to understand how we may use your personal information and our other privacy practices.

Delivery and Ownership
Wine sold to you by Long Shadows is sold in Washington and title passes to you, the buyer, in Washington. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to your selected destination. By utilizing this service from Long Shadows, you represent that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of wine. You represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of wine and once again, are at least 21 years of age.

Membership Account Information
Where applicable, you may need to register as a wine club member to access certain portions of our Site, and you may be required to be logged in to your account and have a valid payment method associated with it on file. To register, you must provide us with current, complete, and accurate information as prompted by the registration form and you will need to choose a user name and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activity under your username and password. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion and without liability.

Site Content is Protected by U.S. and International Laws
All content included in or made available through our Site, such as text, images, logos, graphics, audio, video and functionality, is the property of Long Shadows or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by these Terms of Use (or in the case of copyright material, as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service in any manner that is likely to cause confusion among customers or in any manner that disparages us. Subject to your compliance with these Terms of Use, Long Shadows grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.

User Comments and Other Submissions
By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, and any other submissions (“User Submissions”) in connection with your use of our Site, you grant Long Shadows an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of and exploit the User Submissions in any manner without limitation (including for any commercial purpose) in any form of medium, whether now existing or developed in the future. You also grant Long Shadows the right to use (if it chooses) the name that you submit in connection with the User Submission. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to any person or entity. You acknowledge that you may be personally liable for any User Submissions that you post or submit in violation of any laws, any third party's rights, or these Terms of Use.

Intellectual Property Complaints
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide us with the information specified below, in writing. Please do not use this procedure for any other purpose. Include the following information:

  1. Description of copyrighted work;
  2. Description of where the infringing material is located on our Site;
  3. Your address, telephone number, and e-mail address;
  4. Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
  5. Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  6. Signature of person authorized to act on behalf of copyright owner.

If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you'll receive further instructions about this process in the notification you receive from Long Shadows.

Our designated agent for notice of claims of copyright infringement is:
Cory Brown, CFO
Long Shadows Vintners, LLC
3861 1st Ave South, Suite C
Seattle, WA 98134
Coryb@longshadows.com

Disclaimers, Limitation of Liability, and Indemnification
a. Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.

b. While we are committed to safeguarding your privacy online, we cannot guarantee, and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LONG SHADOWS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LONG SHADOWS DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH LONG SHADOWS ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER LONG SHADOWS NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIDHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LONG SHADOWS AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR ARISING OUT OF ANY CONTENT THAT YOU POST.

Governing Law and General
a. The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Long Shadows.

b. These Terms of Use, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Long Shadows’ failure to exercise any right under these Terms of Use does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.

Additional Assistance
If you do not understand these Terms of Use or have questions or comments of any kind, please feel free to contact us at info@longshadows.com.


PRIVACY POLICY

Privacy
We respect your privacy. We do not sell, rent, loan or transfer any personal information regarding our visitors to any unrelated third parties. Any information you give us about yourself will be held with care and will not be used in ways to which you have not consented. Information collected on our website is used to support and enhance our relationship with you. For example, to process your purchase, provide service and support, and share product and company news with you. This information will only be used by Long Shadows Vintners, its subsidiaries and affiliates (collectively “LSV”, “Company” “we”, “us”, “our”), and in limited cases by LSV service providers who are subject to confidentiality agreements and who share our commitment to protecting your privacy and data.

Security
Your shopping experience, including your personal and payment information, is safe and secure. Our Secure Sockets Layer (SSL) protocol is the industry standard and among the best software available today for secure commerce transactions. We use the latest encryption technologies, rigorous password protections, and stringent limits on the number of people who have access to your information, all to guard against unauthorized access to the data.

Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us through our website or other electronic means. Any electronic transmission of personal information is at your own risk.

Information Collected About You
By visiting our website or social media platforms and signing up for any of our services, you consent to LSV collecting personal information which may include name, address, birthdate, telephone number, email address, credit card and payment information, username and password, and any other information you volunteer including order notes, and information relating to promotions (contests, sweepstakes, offers, etc.), or on any of our community forums, social media platforms or blogs. Personal information may also include IP addresses, unique device ID numbers, browser type, access times, usage patterns, log files, cookies, clear gifs, flash LSO’s, and in certain circumstances geo-location information.

How We Use Your Personal Information
We use your information to fulfill the purpose for which you provide it. We may also use your personal information to provide you with products, services or information that you request from us; to provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections; to improve our website and present its contents to you; to implement social networking features you have activated (e.g. Facebook “like”); for testing, research, analysis and product development; for age verification, as we are an alcoholic beverage producer; and for any other purpose with your consent.

From time to time, we may share your personal information with our affiliates, subsidiaries, contractors, service providers and other third parties we use to support our business. We may also disclose your personal information to a buyer or other successor in the event of a sale or transfer of some or all of our business assets, or to comply with any court order, law or legal process, including responding to any government or regulatory request. We do not sell or otherwise share personal information with unrelated third parties for direct marketing purposes.

Non-Personal Information
This Privacy Statement does not restrict our collection, use or disclosure of any aggregated information or information that does not identify, or cannot be reasonably linked to, any individual.

We use Google Analytics (“GA”), Facebook Pixel, and Sprout Social, among other tools for aggregated, anonymized website and social media traffic analysis. This information contains no identifiable personal information, like name, address, email address, phone number, etc. We use this anonymous information to track and improve the user experience across all platforms we use.

Our Friends in California
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information as defined under the California Consumer Privacy Act (CCPA). Subject to certain exceptions, you have the right to access your CA Personal Information and non-discrimination for exercising your CCPA rights.; obtain deletion of your CA Personal Information; opt-out of the sale of your CA Personal Information.

To learn more about your California privacy rights, visit the CCPA Privacy Notice.

Contact Information
If you have any questions about this Privacy Policy please contact us at: privacy@longshadows.com, or by calling 206.466.5848, or writing to:

Long Shadows Vintners
c/o Privacy
3861 1st Ave South, Suite C
Seattle, WA 98134