PEAK WINES INTERNATIONAL LEGAL NOTICE

TERMS AND CONDITIONS

This Legal Notice applies to all proprietary material throughout this Internet site (this "Site"). The Trade Information section of this Site is designed to facilitate your ability to review and use certain creative assets of the Peak Wines International division of Jim Beam Brands Co. or a related entity (collectively "PWI"), in order to enhance your business. By using this Site you agree, on behalf of yourself and your company, to the Terms and Conditions detailed below and acknowledge that good and valuable consideration has been given to you and your company by virtue of your access to the Site and your ability to use the creative assets displayed on the Site. You also acknowledge that the restrictions set forth below are fair, reasonable, and necessary in order to protect PWI's intellectual property and certain other confidential information and proprietary rights.

Privacy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

Intellectual Property
Unless otherwise noted, all creative assets, including without limitation, all product names, designs, logos, photographs, titles, text, images, audio or video within this Site are the trademarks, service marks, trade names, copyrights or other intellectual property of PWI. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any creative assets displayed on the Site without the written permission of PWI other than as specified in this Legal Notice (see terms below regarding Use of this Site).

User (on behalf of itself and its company, as appropriate) agrees not to (i) do or fail to do anything which might jeopardize PWI's ownership in or rights to the intellectual property in the creative assets, or (ii) file for registration or otherwise claim ownership rights in such intellectual property. User agrees that all use of the creative assets inures to the exclusive benefit of PWI. PWI also reserves the right to randomly audit use of any creative asset.

Further, in consideration of User's access to and use of the creative assets, User on behalf of itself and its company agrees to assign at PWI's request any copyrights (or other intellectual property rights) which may arise in any work product or derivative works resulting from use of the creative assets. User and its company agree to make such assignment (and to sign any ancillary documentation which PWI may request) without any obligation of payment or further compensation.

Use of this Site (by Consumers and Third Parties)
PWI maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the creative assets or other content of this Site for public or commercial purposes, including the text, photographs, images, audio and visual without PWI's written permission. Changes periodically are made to the information contained in this Site. USE OF AND ACCESS TO THIS SITE IS STRICTLY INTENDED FOR USERS IN THE UNITED STATES ONLY. Users outside the U.S. are welcome to browse the Site but may not otherwise use the Site or the creative assets or other content contained in the Site without the written permission of PWI (see terms regarding United States Governing Law).

Use of this Site (by Authorized U.S. Distributors and Licensed Retailers Only)
The User may download the creative assets found in the Trade Information section for use in promotional materials or presentations for marketing and promoting PWI products within the U.S., subject to any approval by PWI which may be required (see terms below regarding PWI Approval). User agrees that any use of the creative assets found in the Trade Information section will be for marketing and promoting PWI products strictly in accordance with PWI's high standards of quality and any guidelines which PWI may issue from time to time (including without limitation those detailed here) and in conformance with industry standards and governmental requirements (see terms regarding Required Mandatory Language). All other use is strictly prohibited. Notwithstanding the above, the User agrees that it will not use the creative assets in any manner which is derogatory, contrary to local standards of good taste, or which could otherwise prejudice PWI or its rights in the creative assets.

PWI Approval
The User understands that use of creative assets in certain promotional campaigns (as described below) must be approved in writing by PWI well in advance of launch. SPECIFICALLY, PWI's APPROVAL IS REQUIRED IF ANY CREATIVE ASSET IS TO BE USED IN THE FOLLOWING TYPES OF PROMOTIONAL CAMPAIGNS:

• ANY PROPOSED USE ON THE INTERNET (including without limitation linking to this Site)
• ANY PROPOSED OR ACTUAL CAMPAIGN WHICH WILL RUN (OR IS EXTENDED TO RUN) LONGER THAN 90 DAYS
• ANY CAMPAIGN WHICH MAY EXTEND OUTSIDE THE UNITED STATES
• ANY PROPOSED CAMPAIGN WHICH INVOLVES REBATES, PREMIUM SELF-LIQUIDATORS, SWEEPSTAKES, CONTESTS OR OTHER SPECIAL CONSUMER PROMOTIONS

Compliance with Laws
The User agrees to comply with all applicable local, state and federal laws and regulations in the United States and abroad, as appropriate. Where use outside the U.S. is contemplated and advanced written permission is obtained from PWI for such use, User is solely responsible for obtaining advice from reputable local counsel in the country where such use will be made and to comply with the appropriate international laws and regulations. The User shall be solely responsible for such compliance.

Required Mandatory Language
All advertising and promotional materials created for use in the United States are required to disclose the responsible advertiser, with the exception of consumer advertising specialties. Refer to the Trade Information section of the Site for specific language and details.

No Warranties; Limitation of Liability

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PWI also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any creative assets or other materials, text, images, video or audio from the Site or any linked sites.

In no event shall PWI or any other party involved in creating, producing, maintaining or delivering the Site or creative assets, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

INDEMNITY

USER ON BEHALF OF ITSELF AND ITS COMPANY HEREBY AGREES TO BE SOLELY RESPONSIBLE FOR, TO DEFEND AND INDEMNIFY PWI, ITS RELATED COMPANIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, AND TO HOLD THEM HARMLESS FROM ANY LAWSUITS, PROCEEDINGS, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, LOSSES, RECOVERIES, SETTLEMENT AMOUNTS, LICENSE FEES, INTERESTS, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, (COLLECTIVELY, "ACTIONS") ARISING OUT OF A BREACH OF THIS AGREEMENT BY USER; PROVIDED THAT USER AND/OR USER'S COMPANY IS GIVEN REASONABLE NOTICE OF, AND SHALL HAVE THE OPTION TO UNDERTAKE AND CONDUCT THE DEFENSE OF ANY SUCH ACTION. IN ANY INSTANCE WHERE THOSE INDEMNITIES PERTAIN, (I) USER AND USER'S COMPANY SHALL KEEP PWI FULLY APPRISED OF ALL DEVELOPMENTS IN SUCH ACTION AND SHALL NOT ENTER INTO ANY SETTLEMENT OR ADMIT LIABILITY OR FAULT WITHOUT PWI'S PRIOR WRITTEN APPROVAL; AND (II) AT THE REQUEST AND SOLE EXPENSE OF USER AND USER'S COMPANY, PWI AGREES TO REASONABLY ASSIST AND COOPERATE WITH USER AND USER'S COMPANY IN ANY SUCH ACTION. THIS PROVISION SHALL SURVIVE TERMINATION OF USER'S RIGHTS TO ACCESS THIS WEBSITE.

Pricing
All prices are listed in U.S. dollars. Orders to NH and WY are subject to state surcharges. Discounts are available to Cellar Door Club members (refer to Cellar Door Club section of the Site for details).

Shipping and Delivery
Wild Horse ships to these states via UPS ground: CA, ID, IL, MO, NE, NH, NM, OR, WA, WI and WY. Shipments to HI, WY, NH, WV and IA are sent via FedEx. You must be of legal purchase age and requesting shipment to a resident in a state where it is legal to receive shipments of alcohol.

Deliveries can be made to a home or business location. Arrangements may also be made to pick up your wine order at the winery.

PLEASE NOTE: Our wine shipment deliveries require a signature of someone 21 years of age or older.

Questions about your order? Call us direct at (805) 434-2541

Returns: Please call us direct at (805) 434-2541 if you experience a problem with your wine shipments.

Unaffiliated Products and Sites
Descriptions of, or links or other references to, products, publications or sites not owned by PWI or its affiliates do not imply endorsement of that product, publication or site. PWI has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law or damage the reputation of PWI or its products. PWI will fully cooperate with any law enforcement authorities or court order requesting or directing PWI to disclose the identity of or help identify anyone posting any such information or materials.

Any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. PWI cannot prevent the "harvesting" of information from this Site, and you may be contacted by PWI or unrelated third parties, by email or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of PWI, may or may not be posted to this Site at the sole discretion of PWI and may be used by PWI or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PWI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Although PWI may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, PWI is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. PWI assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

United States Governing Law This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of Illinois, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that PWI intends to make such products or services available in such countries.

©2003 Peak Wines International, Templeton, CA. All Rights Reserved.

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