Terms of Use
Each Wine 4 Winners Site is operated by Wine 4 Winners, LLC, and its affiliates (collectively
referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE WINE 4 WINNERS SITE IS SUBJECT TO THE
FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF
THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS WINE 4
WINNERS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
YOUR USE OF THE WINE 4 WINNERS SITE SHALL BE DEEMED TO BE YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS
OF SERVICE MAY BE UPDATED BY WINE 4 WINNERS FROM TIME TO TIME WITH
OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WINE 4 WINNERS
SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF
SERVICE.
User Obligations
You agree not to do any of the following while using the Wine 4 Winners Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Wine 4 Winners Site or computer
systems. Unauthorized individuals attempting to access or tamper with these areas may
be subject to prosecution.
You will not access the Wine 4 Winners Site with any manual or automated process for
any purpose other than to purchase Wine 4 Winners products and services as expressly
allowed by these terms and conditions. Use of any automated system or software to
extract data from the Wine 4 Winners Site (“data scraping”) is prohibited, regardless
whether such use is for commercial or noncommercial purposes.
Frame or link to the Wine 4 Winners Site except as permitted in writing by Wine 4
Winners, LLC.
The Sale of Alcoholic Beverages
Wine 4 Winners 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. Wine 4 Winners 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
Wine 4 Winners is over the age of 21. You also agree that any alcohol purchased from Wine 4
Winners is intended for personal consumption and not for resale. If you do not agree with these
conditions of use please do not use this site. If you intentionally or unintentionally misrepresent
your age in order to provide alcohol to a person under the age of 21 Wine 4 Winners will
prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from Wine 4 Winners to the purchaser at the
warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it
from the warehouse to his/her home state. By arranging for transportation of the wine, Wine 4
Winners is providing a service to, and acting on behalf of the purchaser. By utilizing this service
from Wine 4 Winners, the purchaser is representing that he/she is acting in a fashion compliant
with his/her local and state laws regarding the purchase, transportation and delivery of wine. The
purchaser represents that he/she has obtained any required permission, paid any required fees, is
working through properly licensed intermediaries where required, is legally entitled to take
possession of wine and is legally entitled to take quantities ordered and once again authorizes
that he/she is 21 years of age.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content
expressed or made available on this Wine 4 Winners Site by third parties (including information
providers and users) are those of the respective author(s) or distributor(s) and not of Wine 4
Winners. Wine 4 Winners neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice, information, or statement made on this Wine 4 Winners Site by anyone
other than authorized Wine 4 Winners employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Wine 4 Winners hereby notifies you
that parental control protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to Content that may be harmful to
minors. Among the many companies that provide Internet blocking and screening software are
CyberPatrol, NetNanny, SurfWatch, and GuardOne. Wine 4 Winners does not sponsor or
endorse any of these companies or their services.
Links
The Wine 4 Winners Site may contain links to other web sites or resources. You acknowledge
and agree that Wine 4 Winners is not responsible or liable for (1) the availability or accuracy of
such web sites or resources; or (2) the content, advertising, or products on or available from such
web sites or resources. The inclusion of any link on the Wine 4 Winners Site does not imply that
Wine 4 Winners endorses the linked site.
Copyrights and Designated Agent For Notification of Claims
of Infringement
Wine 4 Winners respects the intellectual property of others, and we ask our users to do the same.
Claims of infringement should be in writing and should be directed to Wine 4 Winner’s
designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest
that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Notices
WINE 4 WINNERS will give you any necessary notices by posting them on the Wine 4 Winners
Site. You authorize WINE 4 WINNERS to send notices via electronic mail as well if WINE 4
WINNERS decides, in its sole discretion, to do so. You agree to check the Wine 4 Winners Site
for notices, and that you will be considered to have received a notice when it is made available to
you by posting on the Wine 4 Winners Site.
Disclaimer of Warranties
ALTHOUGH WINE 4 WINNERS ENDEAVORS TO PROVIDE CURRENT, ACCURATE
AND RELIABLE INFORMATION ON THE WINE 4 WINNERS SITE, IT DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE
ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINE 4
WINNERS SITE. WINE 4 WINNERS DOES NOT WARRANT THAT YOUR USE OF THE
WINE 4 WINNERS SITE, OR THE OPERATION OR FUNCTION OF THE WINE 4
WINNERS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR
SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR
ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT
THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE WINE 4 WINNERS SITE IS AT YOUR OWN RISK AND YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF THE WEBSITE. WINE 4 WINNERS AND ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE 4 WINNERS SITE. THE
WINE 4 WINNERS SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL WINE 4 WINNERS AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE WINE 4 WINNERS SITE, THE USE OR PERFORMANCE OF
THE WINE 4 WINNERS SITE, THE DELAY OR INABILITY TO USE THE WINE 4
WINNERS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE WINE 4 WINNERS SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE WINE 4 WINNERS SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
WINE 4 WINNERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINE 4 WINNERS SITE, OR
WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE WINE 4 WINNERS SITE. THIS SOLE AND
EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER
PROVISION THAT LIMITS WINE.COM'S LIABILITY OR YOUR REMEDIES.
Accessibility Information
Wine 4 Winners strives to have our website and mobile applications accessible and user-friendly
to everyone. We believe that all adults should be able to share our passion and be able to buy
wine online. To accomplish this, we follow the Web Content Accessibility Guidelines (WCAG)
2.0 Level AA. We take this standard seriously.
Privacy Policy
Your use of the Wine 4 Winners Site is governed by the Wine 4 Winners Privacy Policy.
Termination of your Wine 4 Winners Account
Wine 4 Winners may terminate your Wine 4 Winners Account with or without cause at any time
effective immediately. If we terminate your Account without cause, we will refund on a prorated
basis any portion of your Membership fee that you prepaid in advance for the remaining portion
of your then-current Membership term.
No Responsibility to Sell Mispriced Products or Services
Wine 4 Winners shall have the right to refuse or cancel any orders placed for products and/or
services listed at an incorrect price, rebate or refund, or containing any other incorrect
information or typographical errors. Wine 4 Winners shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, Wine 4
Winners shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
WINE 4 WINNERS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES
AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE
IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Force Majeure
Wine 4 Winners shall be excused from performance under this Terms of Service if Wine 4
Winners is prevented, forbidden or delayed from performing, or omits to perform, any act or
requirement under this Terms of Service by reason of: (a) any provision of any present or future
law or regulation or order of the United States of America, or any state thereof, (b) any act or
omission of a third party, or (c) any act of God, emergency condition, war, computer or
telecommunications failure or other circumstance beyond the control of Wine.com.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty
from Wine 4 Winners, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Wine 4 Winners and its licensors may make improvements and/or changes in the
Site Content and services or events described in this Site, if any, at any time without notice and
without liability to you of any kind. You are responsible for compliance with applicable local
laws, keeping in mind that access to the Wine 4 Winners Site may not be legal by certain persons
or in certain countries. If any provision of these Terms of Service is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Wine 4 Winners to enforce any right or provision in these Terms of Service shall
not constitute a waiver of such right or provision unless acknowledged and agreed to by Wine 4
Winners in writing. The Terms of Service, along with the Wine 4 Winners Privacy Policy,
comprises the entire agreement between you and Wine 4 Winners and supersede all prior or
contemporaneous negotiations, discussions or agreements, if any, between the parties regarding
the subject matter contained herein. These Terms of Service are personal to you and you may not
transfer, assign, or delegate these Terms of Service to anyone without the express written
permission of Wine.com. Any attempt by you to assign, transfer, or delegate these Terms of
Service without the express written permission of Wine 4 Winners shall be null and void. These
Terms of Service will inure to the benefit of Wine 4 Winner’s successors, assigns, and licensors.
The paragraph headings in these Terms of Service, shown in boldface type, are included to help
make the agreement easier to read and have no binding effect.
DISPUTES
Any dispute or claim relating in any way to your use of any Wine 4 Winners Service, or to any
products or services sold or distributed by Wine 4 Winners will be resolved by binding
arbitration, rather than in court, except that you may assert claims in small claims court if your
claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages), and must follow the terms of
these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing
your claim to Wine 4 Winners c/o Legal Department 6375 Lagunitas Ct, Carpinteria Ca 93013.
The arbitration will be conducted by the American Arbitration Association (AAA) under its
rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The
AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual
basis and not in a class, consolidated or representative action. If for any reason a claim proceeds
in court rather than in arbitration we each waive any right to a jury trial. We also both agree that
you or we may bring suit in court to enjoin infringement or other misuse of intellectual property
rights.
APPLICABLE LAW
By using any Wine 4 Winners Service, you agree that the Federal Arbitration Act, applicable
federal law, and the laws of the state of California, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that might arise between
you and Wine.com.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated September 1, 2021.
