Terms of Service

Please read these Terms of Service (this “Agreement”) carefully. This Agreement is between you and Lemmons Family Vineyard (“LFV” or “Company” or “we” or “us”) concerning your use of (including any access to) Company’s website, currently located at https://www.concannonvineyards.com/, together with any materials and services available therein, and successor website(s) thereto (the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company.

By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by using the Site, you agree to be bound by this Agreement and affirm that you are at least twenty-one (21) years of age, are of legal drinking age where you live, and have the legal capacity to enter into this Agreement.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions or class arbitrations of any kind.

1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your clicking or tapping any button or box marked “Accept,” “Agree” or “OK” (or a similar term) in connection with this Agreement, or your use of the Site, in each case following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.

2. Information Submitted Through the Site. Your submission of information through the Site is governed by this Agreement and the Site’s Privacy Policy, located at https://www.concannonvineyards.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

California residents may have certain rights regarding their personal information under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”), including rights to request access to, correction of, or deletion of certain personal information, and the right to opt out of certain sharing of personal information. Please review our Privacy Policy for additional information regarding these rights and how to exercise them.

3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

LFV reserves the right to refuse or cancel any order, shipment, membership, or transaction where prohibited by applicable law. Alcoholic beverages may only be purchased and delivered to persons who are at least twenty-one (21) years of age. An adult signature may be required upon delivery.

4. Rules of Conduct. In connection with the Site, you must not:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site.
• Interfere with or disrupt the operation of the Site.
• Use any robot, spider, artificial intelligence tool, machine learning system, scraping technology, or other automated means to access, collect, copy, extract or use Site content or data for purposes of training artificial intelligence models or datasets without Company’s express prior written consent.

5. Resources. The Site may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes.

Certain weights, measures and other descriptions of products and services referenced on the Site (“Products”) are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

6. Third Party Resources; Links. Certain Site functionality may make available access to Resources made available by third parties (“Third Party Resources”), or allow for the routing or transmission of Third Party Resources, including via links.

Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources.

7. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as details regarding your method of payment, billing address, and shipping information.

Certain Transactions, including wine club memberships, subscriptions, or recurring shipments, may automatically renew unless canceled. By enrolling in any recurring membership or subscription program, you authorize Company to charge your designated payment method on a recurring basis in accordance with the applicable membership or subscription terms disclosed at the time of enrollment. California residents may cancel recurring memberships or subscriptions at any time in accordance with applicable law and the procedures described on the Site or in the applicable membership terms.

By providing your mobile phone number and opting into SMS communications, you consent to receive recurring automated marketing and transactional text messages from Company at the number provided. Message and data rates may apply. Consent is not a condition of purchase. You may opt out at any time by following the unsubscribe instructions in the applicable message.

Company reserves the right (but has no obligation), at any time and without liability or prior notice, to limit the availability of or discontinue making available any Product; to change any Product prices; to impose conditions on the honoring of, or discontinue, any coupon, discount, rebate or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product.

Company reserves the right to require age verification before acceptance or delivery of any alcohol order. Delivery carriers may require a valid government-issued identification and adult signature at the time of delivery.

8. Registration; User Names and Passwords. You may need to register or otherwise enter a user name, password or other data, information or credential with respect to the Site, whether provided by you or provided to you (collectively, “Access Credentials”), to use all or part of the Site. We may reject, or require that you change, any Access Credential that you provide, and we may change or terminate any Access Credential that we may provide to you, in each case in our sole discretion. Your Access Credentials are for your personal use only in accordance with this Agreement and you should keep them confidential; you, and not Company, are responsible for any use or misuse of your Access Credentials, and, in each case, you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your Access Credentials or your Site account.

9. Submissions. Certain Site functionality may provide users with the ability to make available certain Resources through or in connection with the Site (each, a “Submission”). Company has no control over and is not responsible for Submissions, any use or misuse (including any distribution) by any third party of Submissions or for any of your interactions with other Site users. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.

10. Your Submissions, Your Product Photos and Feedback. For purposes of clarity, you retain ownership of each Submission that you post or submit to, or otherwise make available through or in connection with, the Site (each, “Your Submission”). You hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition to the foregoing, if you choose to publicly share any images of any Product through any social media website or online service or other publicly available online service (any such image, “Your Product Photo”), including any such image accompanied by a hashtag (i.e., a word or phrase preceded by “#”) reference using any of our trademarks or any other terms, slogans or keywords referencing Company or its products and/or services, you hereby grant to Company a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Product Photo (including any name, signature, voice, image, likeness, performance, movements, personal characteristics, gestures and mannerisms (collectively, “Likeness”) of a natural person included in Your Product Photo), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Site or otherwise), and Your Product Photos and your provision thereof to any social media website or online service or other publicly available online service, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.

Without limiting the foregoing, you specifically represent and warrant that you have all rights necessary to grant the licenses granted in this section with respect to any Likeness of a natural person included in Your Submissions or Your Product Photos.

11. Monitoring. We may (but have no obligation to) monitor, moderate and/or analyze your use of the Site, and monitor, moderate, analyze, alter and/or remove Submissions before or after they appear on the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

12. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view and use any portion of the Site solely for your personal, non-commercial use.

13. Company’s Proprietary Rights. As between you and us, we own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, logos and copyrightable works available through the Site are the property of their respective owners and nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or copyrightable works without the express prior written consent of the owner. Our trade names, trademarks and service marks include Concannon Vineyards, Lemmons Family Vineyards, and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

14. Promotions. Any sweepstakes, contests, raffles, surveys, games, coupons, rebates or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.

15. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site and any Resources are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Site and any Resources.

If you become aware of any unauthorized alteration to the Site, contact us at info@concannonvineyards.com.

16. Limitation of Liability. To the fullest extent permitted under applicable law: (a) no Company Party will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising out of or in connection with the Site or this Agreement, under any contract, tort (including negligence), strict liability or other theory, including damages for diminution of value, loss of profits, loss of revenue, loss of business, loss of use or data, loss of goodwill, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, no Company Party will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Resources (including any Third Party Resources or Products), including from any Virus that may be transmitted in connection therewith; (c) except as set forth in Section 7 above (including in accordance with Company’s return or exchange policies), your sole and exclusive remedy for dissatisfaction with the Site or any Resources (including any Third Party Resources or Products) is to stop using the Site; and (d) the maximum aggregate liability of all Company Parties, collectively, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be equal to the greater of (i) the total amount, if any, paid by you to Company in connection with this Agreement during a twelve (12)-month period; and (ii) twenty U.S. dollars ($20). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the each of the other Company Parties.

Applicable law, other than any applicable law in the State of New Jersey, may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. For the avoidance of doubt, if you are a resident of the State of New Jersey, the immediately preceding sentence does not apply to you

17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless each Company Party from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees arising out of or relating to your use of the Site or any violation of this Agreement.

18. Termination. This Agreement is effective until terminated. Company may terminate this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your Access Credentials, Your Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2-11 and 13-24 will survive any termination of this Agreement.

19. Governing Law; Arbitration; Class Action Waiver. This Agreement and all related matters are governed solely by the laws of the United States and the State of California.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement shall be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
If you do not want to be bound by this arbitration provision, you may opt out by providing written notice to:

Lemmons Family Vineyard
Attn: Legal Department
4596 Tesla Road, Livermore, CA 94550

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules available at AAA Consumer Arbitration Rules & Fees.

20. Parental Control Protections. We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Federal Trade Commission and other consumer protection resources.

21. Information or Complaints. If you have a question or complaint regarding the Site, please contact:

Lemmons Family Vineyard
4596 Telsa Road, Livermore, CA 94550
concierge@concannonvineyards.com
(925) 369-2202

If you experience any accessibility issues with the Site, please contact us and we will make reasonable efforts to assist you. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

22. Copyright Infringement Claims. We are committed to respecting the legal rights of copyright owners. Notices and counter-notices regarding alleged copyright infringement must be sent to:

Lemmons Family Vineyard
4596 Telsa Road, Livermore, CA 94550
info@concannonvineyards.com

You can also reach our DMCA agent at the following telephone number: 925-456-2500.

We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is Company’s policy to terminate, in appropriate circumstances, a Site user’s right to use the Site if they are deemed by Company to be repeat infringers.

23. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

24. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in effect. This Agreement constitutes the entire agreement between you and Company relating to the subject matter hereof.

Site © 2026 Lemmons Family Vineyard unless otherwise noted. All rights reserved.