Terms of Use

User Eligibility/Membership

The NapaWineShipping.com Interface is provided by and available only to entities and persons chosen by the staff of NapaWineShipping.com over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website. NapaWineShipping.com grants you a limited, revocable, nonexclusive, non-assignable, nonsub-licensable license to access the NapaWineShipping.com website and use of the NapaWineShipping.com carrier/shipping accounts.

Charges for services rendered and/or relatable products

By using the NapaWineShipping.com website, or sharing credit card information with a team member of Napa Wine Shipping for the use of the services or products provided by Napa Wine Shipping, you (client) are in contract to these terms. 

$19.95 Membership fee per month to NapaWineShipping.com (Discounts on Shipping and Supplies)

As of 1/1/2020 NapaWineShipping.com will offer 3 forms of payment. 

2a. Pay per use: Each transaction will be charged upon completion from clients credit card on file. The upload of said credit card (by client or Napa Wine Shipping Employee), gives Napa Wine Shipping the right to charge the clients credit card for services on the website as well as services and products sold from locations associated with Napa Wine Shipping.

The ability to fill your account prior to processing transactions. This allows for easier accounting, but still gives the client full access to an itemized list of shipments through their account online at NapaWineShipping.com. The upload of said credit card (by client or Napa Wine Shipping Employee), gives Napa Wine Shipping the right to charge the clients credit card for services on the website as well as services and products sold from locations associated with Napa Wine Shipping.

2b. Net Terms.*

Clients who choose Net Terms will have the ability to defer payment till the end of the month that services are rendered. They will be sent an invoice early the following month, with Net 0% Terms due within 10 days of being invoiced. 14 days after invoice has been sent out, if payment has not been received by Napa Wine Shipping, Napa Wine Shipping has the right to charge the clients credit card on-file. The upload of said credit card(by client or Napa Wine Shipping Employee), gives Napa Wine Shipping the right to charge the clients credit card for services on the website as well as services and products sold from locations associated with Napa Wine Shipping. A current credit card will be needed to open an account. If Napa Wine Shipping is unable to obtain payment through these measures, the past due amount will be incurred a 6% per month penalty as of the due date, until invoice has been paid. It is the right of Napa Wine Shipping to withhold property from clients with outstanding invoices. An invoice 90 days past due for storage fees, gives Napa Wine Shipping the legal right to sell wine or other stored products under their Wholesale License (#17-42118) at any cost, to offset the loss Napa Wine Shipping and it’s owners have incurred. 

*Option available only with permission from Napa Wine Shipping Management and may be removed at our discretion.

 

Storage

3a. Storage Insurance

Napa Wine Shipping carries only Liability Insurance for stored product. We are not responsible for loss, breakage, theft, acts of god, etc. Please make sure your business insurance covers loss to products stored with Napa Wine Shipping!  

3b. Storage Fees- In partnership with our sister company.

1-200 Cases = 48 Cents a Case (Minimum $45) 

201-1500 = 39.25 cents per Case

1501-3000 Cases = 33.92 cents per Case

3001-+ Cases = 29.00 cents per Case 

NO IN/OUT Fees if Napa Wine Shipping is your Fulfillment and Shipping Center. 120 Days of non-use of said services qualifies as dormancy.

20 cents In/Out fees per case if dormancy has been established. 

$1 IN/Out Fees per box if we are preparing In/Out for third parties.

$5 Pallet Wrap Fee

AMENDMENTS of fees may be changed at the discretion of Napa Wine Shipping and NapaWineShipping.com

Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website or provided by Napa Wine Shipping at a disclosed facility, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website(“Service Agreement(s)”).

 

Modifications

NapaWineShipping.com may revise and update these Terms of Use at any time. Your continued use of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of NapaWineShipping.com also change or impose fees for products and services provided through the Website at any time at it’s sole discretion. NapaWineShipping.com may establish or change, at any time, general practices and limits concerning other NapaWineShipping.com services in its sole discretion.

 

NapaWineShipping.com Rate and Service Guide and Tariff

The NapaWineShipping.com Rate and Service Guide applicable to You and the UPS Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of NapaWineShipping.com transportation and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use, and the Service Agreement(s). The NapaWineShipping.com Rate and Service Guide and the UPS Tariff are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the NapaWineShipping.com Rate and Service Guide and the UPS Tariff.

 

NapaWineShipping.com Privacy Notice

The NapaWineShipping.com Privacy Notice governs the use of information collected from or provided by You at the Website. With respect to any individual whose personal information is provided by You to NapaWineShipping.com, You represent to NapaWineShipping.com that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the UPS Privacy Notice, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of NapaWineShipping.com its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of NapaWineShipping.com, its affiliates or other entities that have granted UPS the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of NapaWineShipping.com. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without NapaWineShipping.com permission. Except as expressly provided herein, NapaWineShipping.com does not grant to You any express or implied rights to NapaWineShipping.com or any third party’s Intellectual Property.

NapaWineShipping.com grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by NapaWineShipping.com and (b) access and use the NapaWineShipping.com computer and network services offered within the Website (the “NapaWineShipping.com Systems”) only in the manner expressly permitted by NapaWineShipping.com Except for this limited license, NapaWineShipping.com does not convey any interest in or to the NapaWineShipping.com Systems, information or data available via the NapaWineShipping.com Systems (the “Information”), Content, Services, Website or any other NapaWineShipping.com property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of NapaWineShipping.com You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by NapaWineShipping.com.

 

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Website.

(b) You will not place false or misleading information on the Website.

(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by NapaWineShipping.com.

(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

(e) Certain areas of the Website are restricted to customers of NapaWineShipping.com.

(f) You may not use or access the Website or the NapaWineShipping.com Systems or Services in any way that, in NapaWineShipping.com judgment, adversely affects the performance or function of the NapaWineShipping.com Systems, Services or the Website or interferes with the ability of authorized parties to access the NapaWineShipping.com Systems, Services or the Website.

(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of NapaWineShipping.com.

 

Access to Shipping Related Systems and Information through the Website

Your use and access of the Shipping Related Systems and Information are subject to the following terms:

(a) The “Shipping Related Systems” are comprised of the NapaWineShipping.com Systems which are used to provide tracking, time in transit, Third Party locations, address validation and other functions and information related to the shipment of packages via UPS. The Shipping Related Systems and Information gained from such systems (“Shipping Information”) are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.

(b) The Shipping Related Systems and Shipping Information are the private property of NapaWineShipping.com. NapaWineShipping.com authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to UPS, FedEx or any other third party logistics company for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of NapaWineShipping.com This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

(c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.

 

Links

(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by UPS of the content on such Linked Sites. NapaWineShipping.com makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. NapaWineShipping.com is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

(b) Inbound Links. Linking to any page of the Website other than to https://laurennigri.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with NapaWineShipping.com Any website or other device that links to https://laurennigri.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion thatNapaWineShipping.com or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with NapaWineShipping.com or any of its affiliates, (e) presenting false information about NapaWineShipping.com products or services, and (f) using any logo or mark of NapaWineShipping.com or any of its affiliates without express written permission from NapaWineShipping.com.

 

Submissions

NapaWineShipping.com

does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) NapaWineShipping.com and its affiliates are under no obligation to keep such information confidential, and (c)NapaWineShipping.com will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

Termination

You agree that NapaWineShipping.com, in its sole discretion, may terminate or suspend Your use of the Website, the NapaWineShipping.com Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the NapaWineShipping.com Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that NapaWineShipping.com shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the NapaWineShipping.com Systems, Information and/or the Services.

 

Disclaimer of Warranties

NapaWineShipping.com MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE NapaWineShipping.com SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE NapaWineShipping.com SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. NapaWineShipping.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NapaWineShipping.com AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE UPS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY NapaWineShipping.com IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT NapaWineShipping.com IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, NapaWineShipping.com IS RESPONSIBLE FOR ACTUAL BREAKAGE DUE TO DIRECT MISHANDLING ONLY. NapaWineShipping.com IS NOT LIABLE FOR SPOILAGE DUE TO WEATHER CONDITIONS OR ANY OTHER “ACT OF GOD”. TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NapaWineShipping.com, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE NapaWineShipping.com SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NapaWineShipping.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REFUNDS WILL BE ISSUED, AFTER EMAIL REQUEST UP TO 14 DAYS AFTER TRANSACTION IF SHIPPING LABEL IS UNUSED. IF LABEL IS USED AFTER SAID REQUEST, A PENALTY OF UP TO 500% OF THE ORIGINAL TRANSACTION WILL BE ENFORCED, AND TERMINATION OF MEMBERSHIP MAY BE ISSUED. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 

Compliance with Law Including Export Control

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of NapaWineShipping.com, negatively reflect on the goodwill or reputation of NapaWineShipping.com and shall take no actions which would cause NapaWineShipping.com to be in violation of any laws, rulings or regulations applicable to NapaWineShipping.com.

NapaWineShipping.com and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any Alcohol, software or the Services).

 

Forward-looking Statements

Except for historical information contained herein, the statements made in this Website constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations ofNapaWineShipping.com and its management regarding the company’s strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company’s filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.

 

Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE NapaWineShipping.com SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF Napa , STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE PC FREIGHT SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

 

Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of California, U.S.A. excluding (i) California’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Website Terms of Use located at the bottom of the page.

 

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

 

Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND NapaWineShipping.com OR IN THE APPLICABLE NapaWineShipping.com AND SERVICE GUIDE OR UPS, FEDEX, OR ANOTHER THIRD PARTY LOGISTICS COMPANY TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND NapaWineShipping.com WITH RESPECT TO THE USE OF THE WEBSITE, THE NapaWineShipping.com SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

 

Customer Service

Questions or comments regarding the Website may be submitted to NapaWineShipping.com Customer Service

Copyright © 2011-2020 Napa Wine Shipping and NapaWineShipping.com

 

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