Terms of Use and Conditions of Sale

By using the Bezel Wines website (the “Website”), owned and controlled by Cakebread Cellars (“Cakebread” or “us”) or by placing any orders with us, you agree to be bound by the following Terms and Conditions. If you have any questions about these Terms and Conditions, please contact us at cellars@cakebread.com. As used below, “Cakebread” or “us” refers to Cakebread and any and all affiliate or subsidiary brands of Cakebread, including Bezel Wines.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATION SET FORTH BELOW. Please read this agreement carefully as it affects your and our legal rights.

General Terms and Conditions
Your access to and use of the Website, including any content, functionality, and purchase of goods or services offered on or through the Website, are expressly subject to the following Terms of Use and Conditions of Sale (“Terms and Conditions”).

Please read the Terms and Conditions carefully before using the Website or placing any online orders through the Website. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Website or any information or materials contained on this Website, or place any orders or otherwise purchase products. Your use of this Website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein and our Privacy Policy, found at https://bezelwines.com/privacy-policy/, incorporated herein by reference. We may update these conditions at any time and from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

The Website is offered and available to users who are 21 years of age or older and where information about alcoholic beverages is legally available to you. You will be asked to verify you are 21 years or older by acknowledging the same when you first enter the website. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

License and Website Access

Intellectual Property Rights
Cakebread grants you a limited license to access and make use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. In addition, you may not reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use. You may not use the site for testing, analysis, or other similar purposes without the express approval of Cakebread.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Cakebread. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks
The Cakebread name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cakebread or its affiliates or licensors. You must not use such marks without Cakebread’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses of Website
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Cakebread, a Cakebread employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Cakebread or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service (DOS) attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We may update the content on this Website from time to time, without notice, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Neither we nor any third parties warrant the accuracy, timeliness, completeness, performance, or usefulness of this information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. You agree that Cakebread and its licensors may make improvements and/or changes in the Website content and services or events described in this Website, 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 Website may not be legal by certain persons or in certain countries.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cakebread, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cakebread. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to the Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website (https://bezelwines.com/) so long as the link does not portray Cakebread or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Website, you must seek prior permission for such link by contacting us at cellars@cakebread.com. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission. You may not use any meta tags or any other “hidden text” utilizing Cakebread’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions.

Links from the Website
From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over the content of the linked website(s) and accept no for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Website Accessibility
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you experience any difficulty in accessing any part of this Website, or if you need assistance in placing an order, arranging a visit, or learning about our wines, please call us at (800) 588-0298 during normal business hours. Please also contact us if you have feedback on the accessibility of the Website.

Contact Us:

• Phone: (800) 588-0298
• E-mail: cellars@cakebread.com
• Postal address: PO Box 216, 8300 Saint Helena Highway, Rutherford, CA 94573

Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. By using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Cakebread reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if, in our opinion, you have violated any provision of these Terms and Conditions.

Restricted Territories
The owner of the Website is based in the State of California in the United States. Please be aware that some jurisdictions do not permit certain uses of this Website by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. You are responsible for compliance with the laws of your home territory or country. By using the Website, you are representing that you are permitted to do so under the laws and regulations of where you live.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Sale of Alcoholic Beverages
Cakebread does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Website, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated.

You also agree that any alcohol purchased from the Website is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Website. If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Cakebread shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law.

As required by the Communications Decency Act of 1996, Cakebread 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.

Proposition 65 Notice
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

Drink Responsibly
Cakebread does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.

Errors and Omissions
Occasionally, our listed prices, bottle sizes, vintages or quantities may be incorrect. We make every effort to make sure that our product database is accurate; however, in the event any such mistakes occur, Cakebread shall be held harmless for any such errors. In the event that a discrepancy is identified prior to processing of an order, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered into due to a mistake and will attempt to contact you in such event. If you make a mistake in the entry of an order that you placed, contact us immediately before the order is processed so that we can correct your order. If your order has already shipped before you alert us to an error you made in the entry of your order, you may be responsible for additional shipping costs or other costs we incur as a result.

Notices
We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

No Assignment
These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Cakebread. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Cakebread shall be null and void. These Terms and Conditions will inure to the benefit of Cakebread, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions, and any dispute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are subject to the Dispute Resolution and Agreement to Arbitration below, and the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions.

Subject to the Dispute Resolution and Agreement to Arbitration below, any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in or with jurisdiction over the City of Napa and County of Napa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution – AGREEMENT TO ARBITRATION
Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, with the exception of claims within the jurisdiction of the applicable small claims court, shall be determined by arbitration in San Francisco, California, before one (1) arbitrator who meets the requirements to serve as an arbitrator in the State of California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, unless we both agree at the time to the use of JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAKEBREAD NOR ANY PERSON ASSOCIATED WITH CAKEBREAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAKEBREAD NOR ANYONE ASSOCIATED WITH CAKEBREAD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CAKEBREAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CAKEBREAD AND ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAKEBREAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Waiver and Severability

If any provision of these Terms and Conditions 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 Cakebread to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cakebread in writing.

Entire Agreement

These Terms and Conditions are available at https://bezelwines.com/terms-of-use/ and our Privacy Policy is available at https://bezelwines.com/privacy-policy/ and comprise the entire agreement between you and Cakebread and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Indemnification

You agree to defend, indemnify, and hold harmless Cakebread, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. Such indemnification includes but is not limited to your use of the site in violation of any minimum age restrictions or other prohibitions related to alcohol in the jurisdiction in which you are located.