by [NOIR EXPEDITION – insert full company name] (“Noir Expedition”, “us” “we”, and “Company”). By
accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you
do not agree to these Terms, or are unable to comply with them, please do not use the Site.
Regardless of the device you use to access the Site, your use of the Site is subject to your compliance
with these Terms, as well as any other written agreement between us and you. You also agree to comply
with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or
services provided by us or made available through the Site.
WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY
USING THE SITE, OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE
BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCPETING THESE TERMS ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE
TERMS ONTHAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT
HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING
TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS
OR USE THE SITE.
We may, in our sole discretion and in addition to any other remedies available to us, with or without
cause or notice, withdraw, suspend, or discontinue at any time your use of the Site or any of its
functions, features, materials, or Content (defined below).
You may not use this Site if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your
jurisdiction of residence; or (iii) are prohibited from accessing or using this Site or any of this Site’s
contents, products, or services by applicable law.
We may update these Terms from time to time. Please check the Terms each time you access or use the
Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the
revised effective date. Your continued access to or use of the Site after the effective date constitutes
your acceptance of the new Terms.
License and User Conduct
Noir Expedition grants you a personal, revocable, non-transferable, non-exclusive limited license to
access and use the Site only for your personal and internal business purposes and strictly in accordance
with these Terms and any rules or guidelines found on the Site. All rights not expressly granted in these
Terms are reserved for Noir Expedition.
Your use of the Site pursuant to these Terms is limited to (1) receiving information about our company,
Site, products, services, and business activities; (2) accessing the Site; (3) or purchasing through the Site.
You may access, download, and print Site materials only as necessary to transact business with Noir
Expedition and receive information available on the Site and, in doing so, you must retain any and all
notices, trademarks, and other markings found on Site materials.
We have no liability to you or to any third party for any claims or damages that may arise as a result of
any payments or transactions that you engage in via the Site, or any other payment or transactions that
you conduct via the Site. We do not provide refunds for any purchases that you might make on or
through the Site. You will be solely responsible to pay any and all sales, use, value-added and other
taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed
by any governmental authority associated with your use of the Site, except for income taxes levied on us
as a result of such purchases.
You agree that you will comply with these Terms, any applicable Site guidelines, and that you will not
engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive
harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any
viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful
components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d)
infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual
property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not
limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or
communications that affect the operation, access, or usability of the Site for any other authorized user;
(g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site
as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any
portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any
other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from
any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content
(defined below), materials, documents, or information through any means not purposely made available
through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials,
documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the
Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the
source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as
expressly permitted herein or as provided for on the Site.
We may make improvements, changes, or amendments to the information, services, products, and
other materials on the Site, or terminate the Site at any time in our sole discretion.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not
available in all languages or in all countries. We make no representations that the Site is appropriate or
available for use in any particular location. To the extent you choose to access the Site, you do so at your
own initiative and are responsible for compliance with any applicable laws, including, but not limited to,
applicable local laws. We reserve the right to change, suspend, remove, or disable your access to the
Site at any time without notice and for any reason in our sole discretion. In no event will we be liable for
the removal or disabling of access to the Site, whether temporary or permanent. We may also impose
limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without
notice or liability, again, in our sole discretion.
You must be 21 or older to access or utilize the Site.
THE SALE OF ALCOHOLIC BEVERAGES
Noir Expedition does not sell alcohol to persons under the age of 21. By using this Site you swear and
affirm that you are over the age of 21. Noir Expedition makes every effort to ensure that alcoholic
beverages are not delivered to anyone who is under the age of 21. By using this Site you are
acknowledging that the person receiving a shipment of alcoholic beverages from Noir Expedition is over
the age of 21. You also agree that any alcohol purchased from Noir Expedition is intended for personal
consumption and not for resale. If you do not agree with these conditions of use please do not use this
BY ORDERING YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SELLER FOR ANY RESULTING
CONSEQUENCE OF A FRAUDULENT ORDER OR ANY MISREPRESENTATION AS TO THE AGE OR LEGAL
ABILITY OF ANY INTENDED RECIPIENT TO RECEIVE SHIPMENT OF ALCOHOLIC BEVERAGES. If you
intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the
age of 21 Noir Expedition will prosecute you fully to the extent allowable by law. Parents or legal
guardians will be held responsible for actions of their minor children. If necessary, legal action will be
taken against any and all parties attempting "wire fraud." The cost of shipping to, and returning to us of
any wine in any such operation will be charged to that agency. NO EXCEPTIONS.
SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES
In the United States, alcohol shipping laws continually change. If at the time of delivery, we are unable
to legally deliver wine to you, we will cancel your order and refund 100% of your payment if an
alternative may not be found. It is in our sole discretion whether we can legally ship you wine.
Noir Expedition will currently only sell and ship alcohol to customers whose shipping address is located
in the following states: Pennsylvania, Georgia, [California, LIST ANY OTHER STATES].
For orders going to States in which Noir Expedition is licensed or has a direct to consumer shipping
permit, title to and ownership of the product passes from Noir Expedition to customer in the State to
which the product is shipped, and sales and other applicable taxes will be applied based on the
requirements of the destination State. By placing an order, customer authorizes Noir Expedition to act
on customer’s behalf in arranging for transportation of the product at customer’s direction.
Except for orders going to the permit states described in section (A), title to and ownership of alcoholic
beverages passes from seller to buyer in the State in which the sale occurs, and buyer takes all
responsibility for the product being transported from the State of sale to the buyer’s selected
destination. Buyer may pick up the product at seller’s location, or make independent delivery
arrangements. Sales tax will be applied based on the seller’s location. Seller makes no representation as
to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state.
Buyer warrants he or she is solely responsible for the transport of the purchased products and for
determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen
Delivery can only be made to an address where an individual at least 21 years old can sign for the
shipment during regular business hours. Products can be shipped to a place of business or residence. We
cannot ship to a P.O. Box or APO Boxes.
By placing an order, you verify that you and order recipients are at least 21 years of age. At the time of
delivery, the order recipient must sign an age verification receipt stating that they are at least 21 years
of age and must present a valid driver’s license, military ID, passport or State ID for identification.
Purchaser and recipient must be over the age of 21 to purchase alcohol. For all alcohol orders, an adult
21 years or older must be available to sign for the order.
Warning: Certain states expressly prohibit the direct importation of alcohol and violation can be
punishable as a misdemeanor or felony.
Proposition 65 Warnings - California Customers Only
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase
cancer risk, and, during pregnancy, can cause birth defects. For more information go to
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known
to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can
be exposed to BPA when you consume foods or beverages packaged in these containers. For more
information, go to: www.P65Warnings.ca.gov/BPA
Information You Provide
You agree that all information you provide to us or post on the Site will be true, accurate, current, and
complete. You represent and warrant that you have the legal right to provide or post it, and that it does
not violate any third party’s intellectual property or privacy rights. Any information or materials you
provide us via the Site, post to the Site, or otherwise, including feedback, responses to questions,
comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and
owned exclusively by Noir Expedition. We will have no obligation of any kind with respect to such
information. By uploading, sending, posting, or otherwise providing any information or material, you
grant Noir Expedition an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce,
display, perform, modify, transmit and distribute it. You agree that Noir Expedition is free to use any
ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion,
including for use in creating derivative works.
You agree that we may collect and use technical data and related information, including but not limited
to, technical information about the device you use to access the Site. We may, in our legitimate interest
in maintaining the Site, also collect information about the system and application software you use as
well as information about device peripherals you employ. And we may collect information about your
activities on the Site, like the duration and frequency of your usage sessions, information regarding your
browsing history, whether you are a first-time or a returning user, links you clicked on while on the
website, and your flow and navigation path through the website. This information is gathered
periodically and facilitates the development of software updates, the provision of product support, and
with the delivery of other services and products to you (if any). We may use this information, as long as
it is in a form that does not personally identify you, to improve our products or to provide services,
Content or technologies to you. More information on the collection and use of this information, as well
Your [noirexpedition].com Membership Account
If you create an account on the Site, you are responsible for maintaining the security of your account
and you are fully responsible for all activities that occur under the account. You must immediately notify
us of any unauthorized uses of your account or any other breaches of security. We will not be liable for
any acts or omissions by you, including any damages of any kind incurred as a result of such acts or
Responsibility of Website Visitors
By operating the Site, Noir Expedition does not represent or imply that it endorses the material there
posted, or that it believes such material to be true, accurate, useful or non-harmful. You are responsible
for taking precautions as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Site may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Noir Expedition disclaims any responsibility for any harm resulting from use by visitors of the Site, or
from any downloading of content by those visitors.
Third Party Sites and Information
Our Site may have links to other websites or it may refer to information, documents, software,
materials, and/or services provided by other parties. We have no control over these websites or
resources, nor do we sponsor or endorse them by implication. You agree that Noir Expedition is not
responsible or liable for any content, advertising, or other materials available through these third-party
websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage
or loss caused to you by your use of or reliance on any content, goods, or services available through a
third-party website or internet resource.
Certain parts of the Site may display, include or make available content, data, information, applications
or materials from third parties (“Third Party Materials”). By using the Site, you acknowledge and agree
that Noir Expedition is not responsible for examining or evaluating the content, accuracy, completeness,
availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of
such Third Party Materials. We do not warrant or endorse and do not assume and will not have any
liability or responsibility to you or any other person for any third-party services, Third Party Materials, or
for any other materials, products, or services of third parties.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we
When making purchases from the Site, you agree to pay Noir Expedition the fees indicated under the
terms indicated. All such fees are not refundable.
You agree to defend, indemnify, and hold Noir Expedition and its affiliates, partners, agents, and
subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from
your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any
of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event, you will cooperate
with us in asserting any available defenses.
The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer
code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of
such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and
other intellectual property laws and is owned, controlled, or licensed by or to Noir Expedition. Your use
of the Site does not grant you any rights to the Site or any of the Content except as explicitly described
on the Site.
The Site and its Content, except for those aspects which may be in the public domain, are protected
from unauthorized copying and dissemination by U.S. and international laws and conventions, including
those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site
are owned, controlled or licensed by Noir Expedition, licensed to Noir Expedition or are the property of
its respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such
intellectual property, in whole or in part, in any manner, without the prior written permission of Noir
Subject to your compliance with these Terms, Noir Expedition grants you a limited, non-exclusive license
to access and use portions of the Site, provided that your access and use is lawful and non-commercial
and that you do not: reproduce, distribute, or use Content without proper authorization; change or
delate any proprietary notices from downloaded or printed materials; copy or post Content on any
networked computer or device; broadcast it in any media, including social media; or make any
representations or warranties relating to such Content.
Other than as described here or on the Site, you may not copy, reproduce, republish, upload, post,
publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any
other computer, server, device, website, medium or commercial enterprise, any part of the Site or any
Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license
or right to use the Site or its Content except as permitted or consented to by these Terms.
THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS
OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE
OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF
ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS
CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY,
TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH
RESPECT TO THE SITE AND ITS CONTENT.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL NOIR EXPEDITION, ITS AFFILIATES, ITS SUBSIDIARIES, ITS RELATED
COMPANIES, OR ITS AND SUCH AFFILIAITES’ AND SUBSIDIARIES’ RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES
ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises or
such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability
set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be
governed by and construed according to the laws of the State of [__________], without regard for its
conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the
Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and
state courts located in Napa, California.
Failure by Noir Expedition to insist upon strict enforcement of any provision of these Terms will not be
construed as a waiver of any provision or right held by Noir Expedition.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable
and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or
otherwise, without Noir Expedition’s prior written consent. Any attempt by you to assign or transfer
your rights or obligations under these Terms, without such consent, will be null and void and of no
effect. Noir Expedition may assign or transfer its rights and obligations under these Terms, at its sole
discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under
these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their
successors, and permitted assigns.
Last modified: 04 MAY 2022.