Terms
The website located at www.lonesomerock.com ("Site") is owned and operated by Lonesome Rock, LLC ("Lonesome Rock"). The Terms of Use outlined below govern your use of the Site, and your access to and use of the Site is contingent upon your acceptance of these Terms of Use, including our Privacy Policy. We reserve the right to modify or update these Terms of Use at any time, and such changes will take effect immediately at our discretion. It is your responsibility to review these Terms of Use periodically for updates.
Permitted Users
To access and use the Site, you must be of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing the Site. If you meet this requirement, you may proceed to use the Site. If you do not meet this requirement, please exit the Site immediately. By continuing to use the Site, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing the Site.
California residents should be aware of the following Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine, and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.
Intellectual Property Protection
The Materials on the Site, including but not limited to the site layout, "look and feel," functionalities, design, text, images, photographs, graphics, video and audio content, are the property of Lonesome Rock or third parties and are protected by copyright, trademark, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You may not copy, publish, display, distribute, transmit, perform, modify, create derivative works from, frame or sell any Materials, information, products, or services obtained from the Site without prior written consent from Lonesome Rock or as otherwise described in these Terms of Use. Lonesome Rock retains all right, title, and interest in the Materials. You agree to comply with all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site.
All trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by Lonesome Rock, its affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Site without express written consent from the respective trademark owners.
Use of and Downloading Materials
The Materials on the Site are for your personal, non-commercial use only. You may not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notices or legends appearing on any of the Materials. You may not use the Site to systematically retrieve data or other Materials to create or compile a collection, compilation, database, or directory without written permission from Lonesome Rock. Additionally, you may not mirror the home page or results pages of the Site on your own site or any other publication.
You are prohibited from using any computer program tools, including but not limited to web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy, or monitor any portion of the Site or any content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any content or obtain materials, documents, or information through any means not purposely made available through the Site. Any Tools that use the Site will be considered agents of the individual(s) who control or author them.
Using the Materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity for which you are an officer, director, employee, or other agent) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing, and transmission, and want to download, post, publish, or use Materials for any such website or Internet activity, you must obtain permission from Lonesome Rock, even if your website or Internet activity is free of charge.
User Comments, Feedback, and Other Submissions
Any comments, feedback, ratings, suggestions, ideas, or other submissions that you provide to Lonesome Rock through the Site or in connection with your use of the Site ("Comments") will become the property of Lonesome Rock. By submitting any Comments, you assign to Lonesome Rock all rights, titles, and interests in all copyrights and other intellectual properties in the Comments. This means that Lonesome Rock will exclusively own all such rights and can use the Comments for any purpose, including commercial use. Lonesome Rock is also free to use any ideas, concepts, know-how, or techniques contained in any Comments or communication that you send to the Site for any purpose, including product development and marketing.
Lonesome Rock is not obligated to maintain any Comments in confidence, pay any compensation for any Comments, or respond to any Comments. You agree that any Comments submitted by you to the Site will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that Comments will not contain unlawful, abusive, vulgar, obscene, defamatory, harassing, threatening, or obscene material. Additionally, you will not make any bigoted, hateful, or racially offensive statements, advocate illegal activity, post chain letters, spam or software containing viruses or other harmful components, post advertisements or solicitations of business, impersonate another person, submit materials that contain viruses or other computer programming routines, or attempt to gain unauthorized access to the Site.
Lonesome Rock reserves the right to deny the publishing of Comments, remove Comments, and/or terminate your access for uploading Comments at any time, without prior notice and at its sole discretion.
You understand that when using the Site, you will be exposed to Comments from various sources, and that Lonesome Rock is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Comments. You agree to waive any legal or equitable rights or remedies you have or may have against Lonesome Rock and to indemnify and hold Lonesome Rock, its affiliates, and subsidiaries harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. Lonesome Rock does not endorse any Comments or any opinion, recommendation, or advice expressed therein and expressly disclaims any liability in connection with Comments.
Lonesome Rock will fully cooperate with any applicable law or regulation, law enforcement authorities, court order, or governmental authority, including disclosing any Comments that you provide in connection with the Site, disclosing your identity or helping to identify you.
Membership, Password, and Security
In order to use the Site, it may be necessary for you to register with Lonesome Rock. During the registration process, you must provide accurate, complete, and up-to-date information as required by the registration form. You will need to select a username and password when you register, and you are solely responsible for keeping this information confidential and for any activity that occurs under your account. It is prohibited to share your username and password with others or to allow multiple concurrent sessions using the same login credentials. If you suspect any unauthorized use of your account or any security breach, you must immediately inform Lonesome Rock. We are not liable for any damages or losses arising from the misuse of your account or password, whether or not you were aware of it.
On-Line Stores; Promotions
When you purchase goods or services or use specific portions or features of the Site, such as contests, sweepstakes, invitations, or similar features, you may be subject to additional terms and conditions that are a part of these Terms of Use by reference. You must comply with these additional terms and conditions. If there is any conflict between these Terms of Use and the terms of the specific portion or feature of the Site, the terms of the specific portion or feature of the Site will govern the use of that specific portion or feature.
Privacy Policy
The Privacy Policy of Lonesome Rock governs the collection of your Personal Information through your use of the Site. To learn more, please refer to the Privacy Policy of Lonesome Rock.
Linking to Third Party Sites from the Site
The Site may have links to other websites or resources known as "Linked Sites." These hyperlinks to other Internet resources are provided for your convenience. You acknowledge and agree that Lonesome Rock is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites or resources. Lonesome Rock shall not be liable, directly or indirectly, for any damage or loss caused by the use or reliance on such Linked Sites. Therefore, accessing, using, and relying upon such Linked Sites is at your own risk.
Linking to the Site from Third Party Sites
You must obtain written consent from Lonesome Rock before linking to any page on the Site other than the homepage. Even with written consent, Lonesome Rock reserves the right to object to or request the removal or correction of any link that we consider inappropriate or inconsistent with the Site's image and reputation. You may not co-brand the Site or portion thereof, or frame the Site or portion thereof without prior written consent from Lonesome Rock. "Co-branding" means displaying the name, logo, trademark, or other identification of any party in a manner likely to give a user the impression that the other party has the right to display, publish, or distribute the Site or Material accessible through the Site. You agree that any deep-linking, framing, co-branding, or other activity impacting the access to or use of the Site must have written consent from Lonesome Rock. Failure to obtain such consent may result in legal action. You agree to cooperate with Lonesome Rock in stopping any unauthorized deep-linking, framing, co-branding, or other activity impacting the access to or use of the Site.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT NEITHER LONESOME ROCK, NOR ANY THIRD-PARTY CONTENT PROVIDERS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE SITE WILL BE CORRECTED; THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS ON THE SITE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SITE OR AS TO ANY INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET IN ANY WAY. IN ADDITION, LONESOME ROCK DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT LONESOME ROCK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU AGREE THAT LONESOME ROCK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LONESOME ROCK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL LONESOME ROCK, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS, CONSULTANTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF LONESOME ROCK WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
By using the Site, you agree to protect, defend, indemnify, and hold harmless Lonesome Rock and its affiliates, related companies, directors, officers, employees, shareholders, successors, or heirs (collectively referred to as "Protected Entities") against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from your violation of these Terms of Use or any law, or your use of the Site. We reserve the right to take over the exclusive defense and control of any matter subject to indemnification by you, at our own expense. In such a case, you must cooperate with our defense of the claim.
Termination
Lonesome Rock has the sole discretion to terminate your access to the Site or any part thereof, including your password and account, without notice and for any reason, if they believe that you have breached these Terms of Use. Additionally, Lonesome Rock may restrict or prohibit access to the Site to anyone at any time, with or without cause. They may also choose to temporarily or permanently discontinue the Site or any part thereof, without notice and for any reason. You agree that Lonesome Rock will not be held liable to you or any third party for any termination of your access to the Site, or for any changes, suspensions, or discontinuations made to the Site.
Copyright Agent
To report any copyrighted content on the Site that you believe infringes your rights, please provide the following details:
Your electronic or physical signature as the authorized representative of the copyright owner.
A description of the copyrighted work that has been infringed.
The location on the Site where the infringing material is present.
Your contact information, including your address, telephone number, and email address.
A statement from you stating that the use of the disputed material is not authorized by the copyright owner, agent, or law and that you have a good faith belief that the information provided in your notice is accurate.
A statement made under penalty of perjury that you are the copyright owner or authorized to act on behalf of the owner.
Please contact Susan Klieman at Lonesome Rock Cellars, LLC, 18495 NW Meadowlake Road, Yamhill, OR 97148 or email at susan@lonesomerock.com.
General
By using the Site, you agree that these Terms of Use shall be governed by the laws of the United States and the State of Oregon, without any conflicts of laws principles. You also agree to irrevocably submit to the exclusive jurisdiction and venue of the courts located in Yamhill County, Oregon, U.S. for any disputes arising from or related to your use of the Site.
Please note that the Site may be accessible from different countries, and some products or services referenced on the Site may not be available in all locations. Any references to specific products or services do not imply that they are suitable or accessible to all individuals of legal purchasing age in all countries, or that Lonesome Rock intends to offer such products or services in those countries. Additionally, any offer for a product, feature, or service on the Site is void where prohibited.
When you provide Lonesome Rock with your information, you acknowledge that your information may be transferred to Lonesome Rock located in the State of Oregon, United States, which may be outside your own country. While Lonesome Rock will make reasonable efforts to keep your personal information confidential, it will not be responsible for any disclosure resulting from errors in transmission or unauthorized third-party access.
Friends of Lonesome Rock Club Terms
Acceptance
Upon clicking on this webpage, you are acknowledging and agreeing to these Terms and Conditions (the "Terms"), which constitute a binding contract governing your membership in the Friends Of Lonesome Rock Club (the "Club"). You have read and understand the Terms, and no other information, statements, representations, or materials will alter or modify these Terms, except as specifically referenced herein or as revised by Lonesome Rock in accordance with these Terms.
Shipping & Returns
As part of your membership in the Club, Lonesome Rock will ship wine based on your membership level (the “Club Shipment”) to you annually in the Spring (April or May, depending on weather conditions).
Shipping costs for club shipments are $25 for 6 Bottle Allocations and free for 12 Bottle Allocations. These rates may be modified by Lonesome Rock from time to time. Additionally, due to the ever-changing nature of alcohol and wine-related laws, Lonesome Rock may, from time to time, be unable to complete delivery of a wine or ship wine to you. If Lonesome Rock is unable to deliver your wine, they will give you the option to change your delivery address or membership to a pick-up membership. If that is not agreeable, you may cancel your membership and will be refunded any paid-for wine that Lonesome Rock was unable to ship to you based on such a change in laws.
Our commitment is to provide our customers with the highest quality products and service, and your satisfaction is of utmost importance to us. If you are not satisfied with your order, please do not hesitate to reach out to us at cheers@lonesomerock.com.
We take great care to maintain all wines at optimal conditions. Please be aware that wine is perishable and can be susceptible to damage from extreme temperatures during transit. To ensure that your wine arrives in good condition, we may hold your shipment until conditions are more favorable, at our discretion. Although not required, we recommend limiting your wine's exposure during shipping to two or three days. If you are located on the east coast, we suggest considering expedited shipping. Please note that Lonesome Rock is not responsible for items damaged due to extreme weather conditions. Once the wine has been handed over to the carrier, we are unable to guarantee proper storage, and any issues that may arise after delivery become the responsibility of the recipient. We regret that we cannot replace wine that has been damaged by extreme weather conditions during shipment. Additionally, we are unable to accept returns for wines that do not meet personal preferences, wines that have been adversely affected by your storage, or wines that have been damaged while in your care.
If you suspect that a bottle may have been compromised, please refrain from pouring out the wine. Instead, securely replace the cork and send the bottle back to us via UPS. We will cover all shipping costs for returning the bottle to us for evaluation. We appreciate the time taken to do this. Our address is Lonesome Rock, 18495 NW Meadowlake Road, Yamhill, OR 97148..
Winery Pick-up
Members who choose to pick up their Club Shipments at the winery must do so within 45 days of billing. If you are unable to pick up within this timeframe, you must contact us at 847-567-9019 or cheers@lonesomerock.com to make alternate arrangements prior to the 45-day deadline. Failure to pick up a Club Shipment within 45 days, without prior arrangements, will result in the wines being shipped to the billing address on file the following week for an additional fee. The wines will be carefully packed to ensure their safe delivery.
Billing
By agreeing to these Terms, you give Lonesome Rock the authority to charge your credit card on file in advance of each shipment. We will ship once in 2023. As our program expands in 2024, we will also be offering a Fall shipment which includes special bottlings. You will receive advance notice and may elect to skip this shipment. If you do not skip this shipment, we will charge your card for the Fall Shipment. It is your responsibility to keep your credit card information updated either online or by calling 847-308-9019 at least 10 business days before the ship date. Any changes to your delivery or billing address must be made 10 business days in advance of the ship date. Failure to comply with these requirements may result in misdirected or returned Club Shipments, and you will be held liable for any related Club charges or shipping charges incurred. Lonesome Rock will not be responsible for any such charges.
Skip a Shipment or Cancel Your Membership
In the event you would like to skip a shipment or cancel your membership, please log in to your Lonesome Rock account and navigate to the Club Membership tab at least 10 business days before the next scheduled shipment. If you skip two shipments in a row, we will cancel your membership so others may sign up from the waiting list.
Lonesome Rock reserves the right to cancel your membership and deny any current or future use of their services, for reasons such as noncompliance with applicable laws, providing false information, misuse of membership, or any other reasons deemed appropriate by Lonesome Rock in their sole discretion.
Personal Information
To verify and manage your Club membership, Lonesome Rock needs some personal information from you, and by providing this information, you confirm that it is provided willingly. The use and protection of your personal information is subject to our Privacy Policy.
Passwords & Security
As a Club member, you understand and agree that it is your responsibility to maintain the security and confidentiality of your account passwords. You are solely responsible for any activities that take place under your account. If you suspect or become aware of any unauthorized use of your account or password, you must notify Lonesome Rock immediately by phone at 847-567-9019 or by email at cheers@lonesomerock.com.
If you are residing in the European Union or other jurisdictions with data storage or processing laws that differ from those of the United States, please note that we may transfer your information to countries without the same laws. By using the Site and clicking "accept," you expressly consent to the transfer of your personal information to the U.S. or other countries in which Lonesome Rock or its affiliates and service providers need to process your data, as well as to the use and disclosure of your information in accordance with our Privacy Policy.
Disclaimer
By becoming a member of the club, you acknowledge and accept that all benefits, goods and services provided by Lonesome Rock are offered on an "as is" basis, without any warranties of any kind. Lonesome Rock disclaims all warranties to the fullest extent permitted by law, including but not limited to, the warranties of merchantability and fitness for a particular purpose. Lonesome Rock shall not be held liable for any direct, indirect, special, consequential, incidental, or punitive damages arising from or related to your membership in the club, or any goods, services, or benefits you receive or do not receive from the club, whether based on warranty, contract, tort, or any other legal or equitable theory, regardless of whether Lonesome Rock has been advised of the possibility of such damages.
Furthermore, by joining the club, you agree to indemnify, defend, and hold harmless Lonesome Rock, its affiliates, and their respective owners, officers, directors, employees, representatives, and agents from any and all losses, claims, damages, costs, and expenses that may arise from any misrepresentation of information provided to the club, any breach of these terms, or any misuse of any goods, services, or other benefits of club membership.
Legal Compliance
The benefits available to members are not transferable to anyone else. All goods, services, and benefits provided by Lonesome Rock, including wines, are restricted to states where Lonesome Rock is licensed to provide them. It is the responsibility of the member to ensure that their membership and receipt and use of any goods, services, or other items received through the Club comply with all applicable laws and regulations. The possession and use of wine and alcoholic beverages must comply with all relevant laws, rules, and regulations.
If a member requests a product to be provided or shipped to a state where Lonesome Rock is not appropriately licensed, Lonesome Rock may refuse such a shipment. Wine will only be provided or delivered to individuals who are at least 21 years old. By joining the Club, the member represents that they are at least 21 years old and the recipient of any wine delivery.
At the time of delivery or pickup, the recipient must present identification proving Club membership and that they are at least 21 years old. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Lonesome Rock reserves the right to terminate or suspend the Club, or a member's membership in the Club, for any reason whatsoever, including following a change in law.
Governing Law & Jurisdiction
These Terms and any dispute or claim related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or related to these Terms or the Lonesome Rock site shall be exclusively initiated in the courts situated in Yamhill County, Oregon, U.S.A. By agreeing to these Terms, you consent to the jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Modifications
We may, at any time, revise or modify these Terms or impose new conditions for use of the Lonesome Rock site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Lonesome Rock site. Any use of a Lonesome Rock site or receipt of a Club Shipment by you after such notice shall be deemed to constitute acceptance of such changes.
These terms were last modified April 6, 2023.