Terms of Use

Newport Vineyards and its affiliates and subsidiaries (“Newport Vineyards” or “us” or “we” or “Company”) maintain this website and/or our related services for your personal use, information, education, communication and enjoyment.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Newport Vineyards web site located at www.newportvineyards.com, and all associated sites linked to www.newportvineyards.com by Newport Vineyards and/or owned by Newport Vineyards, its subsidiaries and affiliates, including Newport Vineyards sites around the world (collectively, the “Site”). The Site is the property of Newport Vineyards and its licensors. Please read these Terms of Use carefully before accessing or using the Site, so that you fully understand your rights and responsibilities. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Newport Vineyards reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. All changes will be effective immediately upon their posting on the Site. Material changes will be posted conspicuously on the Site. It is your responsibility to check these Terms of Use periodically for changes. By accessing the Site following posting of changes to the Terms of Use, you accept and agree to all such changes. Newport Vineyards grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site provided that you comply with these Terms of Use.

These Terms of Use constitute the entire agreement between you and Newport Vineyards with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Newport Vineyards with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Newport Vineyards, Newport Vineyards will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Newport Vineyards’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Newport Vineyards of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Newport Vineyards and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any of the conditions of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

By accessing and using this Site, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Content and Intellectual Property Rights

All copyrightable text, audio, video, graphics, user interfaces, visual interfaces, charts, photographs, icons, trademarks, logos, sounds, music, artwork, computer code, and the design, selection, and arrangement of content in any medium on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to Newport Vineyards, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Brix Restaurant® and Taproot Brewing Co.® are trademarks of Newport Vineyards. Additionally, many proprietary product names and marks that appear on the Site are the trademarks of Newport Vineyards and may be registered in one or several categories of goods in Rhode Island and/or the United States. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. This is not a comprehensive list of all trademarks of Newport Vineyards and specifically does not include any common law trademarks of Newport Vineyards. The Site may also contain references to third-party marks. All such names and marks mentioned in this Site are the trade names, trademarks or service marks of their respective owners.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Newport Vineyards’ express prior written consent.

Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Your Use of the Site

You may view, copy, print and use Content contained on this Site (including data sheets, knowledge base articles, and similar recorded materials) solely for your own personal purposes and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified or framed in any way; (3) no graphics available from this Site are used, copied or distributed separate from accompanying text; (4) no additional representations or warranties relating to such Content is made; (5) the Content is not posted on any networked computer or broadcast in any media; and (6) you do not delete or modify any copyright, trademark, or other proprietary notices.

The use of any such Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Newport Vineyards or any third party, except as expressly provided herein.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Newport Vineyards reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Newport Vineyards server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Newport Vineyards, including any Newport Vineyards account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Newport Vineyards’ systems or networks, or any systems or networks connected to the Site or to Newport Vineyards.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Newport Vineyards on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Newport Vineyards or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Newport Vineyards’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Newport Vineyards may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Newport Vineyards makes no commitment to update the materials on the Site with respect to such products and services.

Newport Vineyards has a Return Policy for un-opened, un-used products able to be returned within 30 days of purchase and must have receipt.

Accounts, Passwords and Security

Certain Content, features or services offered on or through the Site may require you to open an account (including setting up an Newport Vineyards ID and password). If you choose to register with this Site, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. You agree to notify Newport Vineyards immediately by e-mail to [email protected] of any unauthorized use of your account or password, or any other breach of security. You are solely responsible for your own losses and losses incurred by Newport Vineyards and others (including other users) due to any unauthorized use of your Newport Vineyards ID, password or account.

You may not use anyone else’s Newport Vineyards ID, password or account at any time without the express permission and consent of the holder of that Newport Vineyards ID, password or account. Newport Vineyards cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the Newport Vineyards Site

This Site may link to, or be linked to, other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not, directly or indirectly, under Newport Vineyards’ control. Newport Vineyards is not implying any approval, association, sponsorship, endorsement or affiliation with the Linked Sites. Newport Vineyards has not reviewed all Linked Sites and is not responsible for the content, accuracy, or policies of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You visit the Linked Sites at your own risk, and your use of the Linked Sites will be controlled by the terms of use posted on the Linked Sites. You should review the terms of use of any website to which you navigate.

THE SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WEBSITES OF NEWPORT VINEYARDS DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF NEWPORT VINEYARDS. NEWPORT VINEYARDS IS NOT RESPONSIBLE FOR THE CONTENT, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF NEWPORT VINEYARDS DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THE SITE MAY BE LINKED OR FROM WHICH THE SITE MAY BE ACCESSED.

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on this Site (including recorded interviews) are solely the views of such third party and Newport Vineyards assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Disclaimers

REASONABLE EFFORTS ARE TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF INFORMATION AND RELATED CONTENT PROVIDED BY NEWPORT VINEYARDS ON THE SITE. NEVERTHELESS, NEWPORT VINEYARDS DOES NOT GUARANTY, WARRANT OR PROMISE THAT ANY NEWPORT VINEYARDS PROPERTY, THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE FREE OF ANY DEFECTS OR ERRORS OR WILL BE AVAILABLE AT ALL TIMES AND UNINTERRUPTED, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NEWPORT VINEYARDS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, CORRECT, RELIABLE, USEFUL FOR YOUR PARTICULAR PURPOSE, SECURE, FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NEWPORT VINEYARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEWPORT VINEYARDS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, ANY NEWPORT VINEYARDS PROPERTY AND/OR ANY NEWPORT VINEYARDS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF NEWPORT VINEYARDS PROPERTIES, THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NEWPORT VINEYARDS FOR DISSATISFACTION WITH ANY NEWPORT VINEYARDS PROPERTY, THE SITE OR ANY CONTENT IS TO STOP USING THE NEWPORT VINEYARDS PROPERTY, THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

This Site may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Newport Vineyards cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Newport Vineyards reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

No advice or information, whether oral or written, obtained by you from Newport Vineyards or in any manner from the Site creates any warranty.

Limitation of Liability

You acknowledge and agree (1) that your use of the Site and any material, information or data downloaded or otherwise obtained through the use of the Site is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred.

Except where prohibited by law, in no event will Newport Vineyards or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of the Site or any Linked Site or to any material, information, data, products, or services obtained through the Site, or otherwise arising out of your use of the Site, your inability to use the Site or any decision made or action taken by you in reliance of any information, advice or materials provided on the Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Newport Vineyards has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Newport Vineyards.

If, notwithstanding the other provisions of these Terms of Use, Newport Vineyards is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Newport Vineyards’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Newport Vineyards (but not including the purchase price for any Newport Vineyards hardware or software products or any support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify, defend and hold harmless Newport Vineyards, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, representatives, employees, consultants and agents from any and all demands, losses, expenses, claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of the Site, your use of any material, information or data downloaded or otherwise obtained from the Site, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Newport Vineyards or any other person or entity.

Violation of These Terms of Use

Newport Vineyards may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Newport Vineyards’ rights or property, or the rights or property of visitors to or users of the Site, including Newport Vineyards’ customers. Newport Vineyards reserves the right at all times to disclose any information that Newport Vineyards deems necessary to comply with any applicable law, regulation, legal process or governmental request. Newport Vineyards also may disclose your information when Newport Vineyards determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Newport Vineyards may preserve any transmittal or communication by you with Newport Vineyards through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Newport Vineyards determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Newport Vineyards, its employees, users of or visitors to the Site, and the public.

You agree that Newport Vineyards may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Newport Vineyards, for which monetary damages would be inadequate, and you consent to Newport Vineyards obtaining any injunctive or equitable relief that Newport Vineyards deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Newport Vineyards may have at law or in equity.

If Newport Vineyards does take any legal action against you as a result of your violation of these Terms of Use, Newport Vineyards will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Newport Vineyards. You agree that Newport Vineyards will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Rhode Island without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Providence County, Rhode Island, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Newport Vineyards and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Newport Vineyards administers and operates the www.newportvineyards.com Site from its location in Middletown, Rhode Island, USA; other Newport Vineyards sites may be administered and operated from various locations outside the United States. The Site may be accessed by users worldwide and may contain references or cross references to Newport Vineyards products, features, programs and services that are not available in your country. Such references do not imply that Newport Vineyards intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Newport Vineyards reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Newport Vineyards reserve the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Should any user of this Site send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the Content of this Site, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.

Electronic Communications

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Newport Vineyards may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.

If you have any questions or concerns regarding these Terms of Use, please contact us at:

Newport Vineyards
909 East Main Rd. (Rte 138)
Middletown, RI 02842
Attn: Legal

The information contained in this web site is subject to change without notice.

Copyright © 2019 Newport Vineyards All rights reserved.

Updated by Newport Vineyards Legal on June 30, 2019.