Terms & Conditions
VINERATION TERMS AND CONDITIONS OF USE
These terms and conditions of use are presented by Vineration, LLC operating as Vineration.com. The Vineration Terms and Conditions of Service for the website are dictated in this agreement (“Agreement”). By accessing the Vineration website, you are agreeing to these terms. If you do not agree to the terms in this Agreement, you may not visit Vineration.com nor purchase a membership therein. By accessing or using any of Vineration’s services, you confirm you are of legal age and accept all terms of this agreement. This Agreement governs all activities available on the Vineration platform, the website, the wine club, wine featured on the website, communications with Vineration, events, and any other services or benefits offered.
(1) Scope and Acceptance
Anyone who accesses or uses any part of the Platform is a “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform.
We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Platform. All changes to the Agreement shall be effective immediately. You are responsible for reviewing the Agreement regularly. Your access to any part of the Platform is deemed to be your acceptance of the Agreement as it exists at the time of such access.
(2) Age Requirements
You must be at least twenty-one (21) years of age to access Vineration’s services or make a purchase. You will be required to verify your date of birth prior to signing up for our services and completing a purchase.
(3) Privacy Policy
Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our Users. You warrant that any information you provide during use of the Platform is accurate and complete, and that you will update the information as needed.
(4) Email Marketing Policy
Our email messages are CAN-SPAM compliant. You may opt out by following the link contained in the email. Note that even if you opt out of receiving marketing email messages from us, you may not opt out of receiving information-based email communications about your a shipment or account.
(5) The Platform
Vineration is a Third Party Provider service, not a wine retailer. We do not take possession or title of any of the wine made available through our Platform. All sales transactions are conducted by and under the control of the licensee (“Seller”). Title for all alcoholic beverages transfers directly from the licensee to the consumer. Vineration invites wine producers to sell their wines directly to the consumer via the Platform. Vineration markets a membership service called a Subscription out of convenience for recurring orders. Subscribers are only charged for the price of wine (plus any applicable tax and shipping charges) purchased directly from producers through the Subscription. Vineration is a marketing company which receives a marketing fee from producers in return for their use of the platform. The availability through the Platform, as well as any details or description of the Seller’s products, does not imply our endorsement of the product or affiliation with the provider of such product. We make no representation as to the accuracy of such descriptions or features. The availability of any Product is subject to change at any time without notice. By agreeing to use of this Platform, the User releases Vineration from any liability regarding errors and omissions in the Platform. If you believe any portion of the Platform includes an error or omission, notify Vineration immediately.
(6) Availability of Platform
Vineration reserves the right to make changes to the terms, functions, and availability of the Platform at any time.
We reserve complete discretion with respect to the operation of the Platform, and the right to change terms without notice. Vineration will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine website and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Platform. In addition, Vineration reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Platform, with or without notice. You agree that Vineration shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Platform.
(7) Use of the Platform
In connection with your use of the Platform, you may not:
Post, transmit or otherwise make available through or in connection with the Website 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; or
Alter, modify, frame or mirror; or probe, scan, breach, or test the vulnerability; or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof; or
Sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or any portion thereof, or related materials of the Website without Vineration’s express prior written consent; or
Remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
Copy, modify, erase, or damage any information contained on computer servers used or controlled by Vineration or any third party; or
Access or use any password-protected, secure, or non-public areas of the Website, or access data on the Platform not intended for you, except as specifically authorized by Vineration; or
Attempt to or actually disrupt, impair, interfere with, alter, or modify the Website, or any information, data, or materials posted and/or displayed by Vineration, or access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code that is or is potentially harmful or invasive; or
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Website, or reproduce or circumvent the navigational structure or presentation of the Website, without Vineration’s express prior written consent.
LOCATION OF USE: The Platform is controlled and operated from the United States, and is not intended to subject Vineration to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
(8) Transactions
ALL WINE SOLD THROUGH THE VINERATION PLATFORM IS SOLD BY PARTICIPATING LICENSED SELLERS AND NOT BY VINERATION. Legal title to the wine sold on Vineration’s platform transfers directly from the producer to the consumer on any purchase made by the consumer. Producers possess and use their own direct to consumer shipping licenses and ship in accordance with direct shipping laws for sales to Florida. Vineration waives any obligation to fulfill an order. That obligation lies on the licensee and their shipping partners. The Sellers featured on Vineration are responsible for all aspects concerning the sale of their wines. Vineration does not control the shipping process and cannot guarantee quality or delivery of wines.
Taxes: Per Florida Statute 212.06, sales taxes on direct-to-consumer purchases are to be recorded and remitted by the consumer. Vineration, nor the Sellers using our Platform, do not collect sales taxes in accordance with this statute. Licensed Sellers are responsible per Florida law for registering for a direct-to-consumer sales license and for reporting and remitting all excise taxes.
ACCEPTANCE OF ORDERS: All orders to purchase wine placed through the Platform are subject to acceptance by the Seller(s) of the particular wine(s) for which the order was placed. Any single order you place through the Platform may include wines from multiple Sellers and each Seller must independently accept that portion of your order which pertains to their particular wines before a sale of those items can occur. Any order or portion of an order you place through the Platform may be rejected by a Seller for various reasons. BY PLACING AN ORDER, YOU ARE COMMITTING TO BUY EACH WINE LISTED IN YOUR ORDER, REGARDLESS OF WHETHER ANY PORTIONS OF YOUR ORDER ARE REJECTED. If your order, or any portion of your order is rejected, your credit or debit card will be automatically refunded for relevant portion of the order that was rejected. You will also receive an email notifying you if your order or a portion of your order was rejected, however this notification email may not contain a complete explanation as to why your order was rejected. For more information on why your order was rejected, please email us at [email protected] and we will attempt to answer any questions you may have.
SHIPPING: Wine purchased through the Vineration Platform is shipped not by Vineration itself but by a third party shipper acting at the direction of the Seller(s) of the wine(s) purchased in the Transaction. By placing an order, you authorize the Seller(s) to act on your behalf in arranging for transportation of the wine. All deliveries of packages containing alcoholic beverages require the recipient to provide his or her signature as well as a valid, government-issued photo ID showing that the recipient is at least 21 years old. Common carries such as UPS and FedEx will generally make three delivery attempts and, if no one is able to receive the package on the last attempt, they will hold it for pick-up a customer center for five business days. If the package is not picked up by the recipient during the five business day window, it will be returned to sender. Payments for shipments that are returned to sender due to rejected or unresponsive deliveries will not be refunded.
Prices of the subscription include shipping/handling charges as stated, currently $10 per order. These charges are subject to change at any time and without any prior notification. Vineration will make reasonable efforts to communicate shipping fee changes in advance.
FEES AND PAYMENTS: We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that Vineration may review and modify the fees charged and payments made in any transaction, in its sole discretion, based on any complaint or report of special circumstances concerning a transaction. Vineration may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you, shall have no bearing whatsoever on your access to and use of the Platform. When making a purchase through the Vineration Platform, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Vineration that your use of a payment card in connection with any purchase you make on the Vineration Site or Application is authorized and legal. You are responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
REFUNDS AND EXCHANGES: Due to the restrictions of many state laws regarding returns of alcohol, no refunds or exchanges of wines will be permitted.
(9) Subscription Service
The Vineration subscription service (“Subscription” or “Club”) allows end users to schedule recurring purchases and shipments of wine from participating Sellers through the Vineration Platform. End users may sign up for a Subscription by providing the requested registration information and submitting it to Vineration through the Vineration website. End users participating in a Subscription (“Subscribers” or “Club Members”) must elect to purchase wine in quantities of 2 on a monthly or quarterly basis, and agree to receive wine in the selected quantity and at the selected interval until the Subscription is suspended (or “paused”) or canceled. Either members or Vineration may suspend or cancel a Subscription at any time. By signing up for a Subscription, making the required selections, and providing payment information, end users authorize Vineration to charge the debit or credit card on file for the total cost of each wine shipment, comprised of the price of the wine plus applicable tax and shipping fees.
SUBSCRIPTION REGISTRATION: If you register to become a Vineration Club Member, you agree to complete the initial registration process according to the requirements stated on the applicable Vineration website or subscription application, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, telephone number, and payment information.
SUBSCRIBER ACCOUNT INFORMATION AND SUBSCRIPTION STATUS CHANGES: Subscribers are responsible for ensuring that all their account information remains current. Vineration will attempt to send a courtesy reminder email on the first business day of the month to remind Subscribers about that month’s shipment. If Subscribers wish to skip a shipment, cancel their subscription, or update account information effective for that month, Subscribers must make these elections or changes in their account profile by the end of the second business day of the month. If Vineration receives a Subscriber’s request to update account information, skip a shipment, or cancel their Subscription after the second business day of the month, subscription changes will be effective for the following month’s shipment and any account information updates will be made on a “best efforts basis”. Once the order has been placed Subscribers will receive an email receipt for their records. To ensure receipt of Vineration’s reminder emails, Subscribers should be sure to add [email protected] to their email address book and mark Vineration emails as “Not Spam.”
SUBSCRIPTION TERMINATION: Members may cancel their subscription at any time by calling Vineration at (707) 696-2092 between 9:00 a.m. and 5:00 p.m. Eastern Time, Monday through Friday. Vineration may terminate your subscription and refuse any and all current or future use access to the Vineration Platform: (1) in order to comply with applicable laws, (2) if you provide any information that Vineration determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Vineration determines, in its sole discretion, that you are using your Vineration subscription in a manner not permitted by these Terms, or (4) in other circumstances, as Vineration deems appropriate in its sole discretion.
(10) Proprietary Information and Property
Certain Vineration content provided through the Platform is protected by intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. All Vineration graphics, logos and service names are trademarks of Vineration, and may not be used in connection with any product or service except with the written permission of Vineration, and may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Vineration, or its Platform. You acknowledge and agree that the content accessible through the Platform that is not expressly designated as being provided by a third party is the property of Vineration and its content providers, and Vineration and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform and related materials solely for your own use. Except as expressly provided in the Agreement, all rights are reserved. Further, by communicating with Vineration, including submitting or sending content to us (such as review of and comments on wines and services featured on the Website), you grant Vineration the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into Vineration content. You also grant Vineration and its affiliates and sub-licensees the right to use the name that you submit with any content, including any review or comment. You will remain responsible for the accuracy, copyright compliance, legality, decency, or all other aspects of such submitted content or part thereof, or other communication to Vineration. You also warrant that any “moral rights” in such content are waived.
(11) Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR SOLE RISK. THE PLATFORM AND ANY THIRD PARTY MATERIALS MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. VINERATION DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM AND ANY PRODUCTS, SERVICES, AND EVENT ACCESS OFFERED THROUGH THE PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. VINERATION MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, EVENT ACCESS, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. VINERATION ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH Vineration AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(12) Release and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL VINERATION OR ANY OF ITS AFFILIATED ENTITIES (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT) ENSUING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM AND ANY PRODUCTS, EVENT ACCESS, AND SERVICES OFFERED THROUGH THE PLATFORM, EVEN IF VINERATION OR ANY OF ITS AFFILIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR THIRD PARTY MATERIAL IS TO STOP USING THE PLATFORM. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VINERATION AND AFFILIATED ENTITIES (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT PAID TO VINERATION BY YOU UNDER THIS AGREEMENT DURING THE PREVIOUS ONE-YEAR PERIOD, AND (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON CERTAIN WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(13) Indemnity
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VINERATION, ITS PARENTS, SUBSIDIARIES, AND AFFILIATED ENTITIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO (A) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE PLATFORM; AND (B) ANY VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT BY YOU.
(14) Dispute Resolution and Governing Law
Any disputes arising out of or related to this Agreement shall be governed by the laws of the State of Florida, without regard to its conflicts of laws principles, and regardless to your location. Except for disputes that qualify for small claims court, and only if you are unable to resolve a dispute in the ordinary course of business, all disputes arising out of or related to this agreement or any aspect of the relationship between you and Vineration, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association, provided that Vineration will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any alleged violation of intellectual property rights. You agree that any arbitration under this agreement will take place on an individual basis and that you will not bring or be a party to any class-action lawsuit against Vineration.
(15) Termination
You agree that Vineration may, in its sole discretion and without prior notice, terminate your access to or use of any of the Platform or any part of the Platform at any time and for any reason, with or without cause.
(16) Miscellaneous
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of the Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law. If Vineration does take any legal action against you as a result of your violation of the Agreement, Vineration will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Vineration. You agree that Vineration will not be liable to you or to any third party for termination of your access to or use of any part of the Platform as a result of any violation of the Agreement or for any reason at all. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Vineration. Any purported assignment lacking such consent will be void at its inception. Vineration may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the Platform.
Any offer for any feature, product, or service made on or through the Platform is void where prohibited.
Questions and comments should be directed to [email protected] or 1-707-696-2092.
Terms of Service last updated August 15, 2018
These terms and conditions of use are presented by Vineration, LLC operating as Vineration.com. The Vineration Terms and Conditions of Service for the website are dictated in this agreement (“Agreement”). By accessing the Vineration website, you are agreeing to these terms. If you do not agree to the terms in this Agreement, you may not visit Vineration.com nor purchase a membership therein. By accessing or using any of Vineration’s services, you confirm you are of legal age and accept all terms of this agreement. This Agreement governs all activities available on the Vineration platform, the website, the wine club, wine featured on the website, communications with Vineration, events, and any other services or benefits offered.
(1) Scope and Acceptance
Anyone who accesses or uses any part of the Platform is a “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform.
We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Platform. All changes to the Agreement shall be effective immediately. You are responsible for reviewing the Agreement regularly. Your access to any part of the Platform is deemed to be your acceptance of the Agreement as it exists at the time of such access.
(2) Age Requirements
You must be at least twenty-one (21) years of age to access Vineration’s services or make a purchase. You will be required to verify your date of birth prior to signing up for our services and completing a purchase.
(3) Privacy Policy
Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our Users. You warrant that any information you provide during use of the Platform is accurate and complete, and that you will update the information as needed.
(4) Email Marketing Policy
Our email messages are CAN-SPAM compliant. You may opt out by following the link contained in the email. Note that even if you opt out of receiving marketing email messages from us, you may not opt out of receiving information-based email communications about your a shipment or account.
(5) The Platform
Vineration is a Third Party Provider service, not a wine retailer. We do not take possession or title of any of the wine made available through our Platform. All sales transactions are conducted by and under the control of the licensee (“Seller”). Title for all alcoholic beverages transfers directly from the licensee to the consumer. Vineration invites wine producers to sell their wines directly to the consumer via the Platform. Vineration markets a membership service called a Subscription out of convenience for recurring orders. Subscribers are only charged for the price of wine (plus any applicable tax and shipping charges) purchased directly from producers through the Subscription. Vineration is a marketing company which receives a marketing fee from producers in return for their use of the platform. The availability through the Platform, as well as any details or description of the Seller’s products, does not imply our endorsement of the product or affiliation with the provider of such product. We make no representation as to the accuracy of such descriptions or features. The availability of any Product is subject to change at any time without notice. By agreeing to use of this Platform, the User releases Vineration from any liability regarding errors and omissions in the Platform. If you believe any portion of the Platform includes an error or omission, notify Vineration immediately.
(6) Availability of Platform
Vineration reserves the right to make changes to the terms, functions, and availability of the Platform at any time.
We reserve complete discretion with respect to the operation of the Platform, and the right to change terms without notice. Vineration will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine website and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Platform. In addition, Vineration reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Platform, with or without notice. You agree that Vineration shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Platform.
(7) Use of the Platform
In connection with your use of the Platform, you may not:
Post, transmit or otherwise make available through or in connection with the Website 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; or
Alter, modify, frame or mirror; or probe, scan, breach, or test the vulnerability; or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof; or
Sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or any portion thereof, or related materials of the Website without Vineration’s express prior written consent; or
Remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
Copy, modify, erase, or damage any information contained on computer servers used or controlled by Vineration or any third party; or
Access or use any password-protected, secure, or non-public areas of the Website, or access data on the Platform not intended for you, except as specifically authorized by Vineration; or
Attempt to or actually disrupt, impair, interfere with, alter, or modify the Website, or any information, data, or materials posted and/or displayed by Vineration, or access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code that is or is potentially harmful or invasive; or
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Website, or reproduce or circumvent the navigational structure or presentation of the Website, without Vineration’s express prior written consent.
LOCATION OF USE: The Platform is controlled and operated from the United States, and is not intended to subject Vineration to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
(8) Transactions
ALL WINE SOLD THROUGH THE VINERATION PLATFORM IS SOLD BY PARTICIPATING LICENSED SELLERS AND NOT BY VINERATION. Legal title to the wine sold on Vineration’s platform transfers directly from the producer to the consumer on any purchase made by the consumer. Producers possess and use their own direct to consumer shipping licenses and ship in accordance with direct shipping laws for sales to Florida. Vineration waives any obligation to fulfill an order. That obligation lies on the licensee and their shipping partners. The Sellers featured on Vineration are responsible for all aspects concerning the sale of their wines. Vineration does not control the shipping process and cannot guarantee quality or delivery of wines.
Taxes: Per Florida Statute 212.06, sales taxes on direct-to-consumer purchases are to be recorded and remitted by the consumer. Vineration, nor the Sellers using our Platform, do not collect sales taxes in accordance with this statute. Licensed Sellers are responsible per Florida law for registering for a direct-to-consumer sales license and for reporting and remitting all excise taxes.
ACCEPTANCE OF ORDERS: All orders to purchase wine placed through the Platform are subject to acceptance by the Seller(s) of the particular wine(s) for which the order was placed. Any single order you place through the Platform may include wines from multiple Sellers and each Seller must independently accept that portion of your order which pertains to their particular wines before a sale of those items can occur. Any order or portion of an order you place through the Platform may be rejected by a Seller for various reasons. BY PLACING AN ORDER, YOU ARE COMMITTING TO BUY EACH WINE LISTED IN YOUR ORDER, REGARDLESS OF WHETHER ANY PORTIONS OF YOUR ORDER ARE REJECTED. If your order, or any portion of your order is rejected, your credit or debit card will be automatically refunded for relevant portion of the order that was rejected. You will also receive an email notifying you if your order or a portion of your order was rejected, however this notification email may not contain a complete explanation as to why your order was rejected. For more information on why your order was rejected, please email us at [email protected] and we will attempt to answer any questions you may have.
SHIPPING: Wine purchased through the Vineration Platform is shipped not by Vineration itself but by a third party shipper acting at the direction of the Seller(s) of the wine(s) purchased in the Transaction. By placing an order, you authorize the Seller(s) to act on your behalf in arranging for transportation of the wine. All deliveries of packages containing alcoholic beverages require the recipient to provide his or her signature as well as a valid, government-issued photo ID showing that the recipient is at least 21 years old. Common carries such as UPS and FedEx will generally make three delivery attempts and, if no one is able to receive the package on the last attempt, they will hold it for pick-up a customer center for five business days. If the package is not picked up by the recipient during the five business day window, it will be returned to sender. Payments for shipments that are returned to sender due to rejected or unresponsive deliveries will not be refunded.
Prices of the subscription include shipping/handling charges as stated, currently $10 per order. These charges are subject to change at any time and without any prior notification. Vineration will make reasonable efforts to communicate shipping fee changes in advance.
FEES AND PAYMENTS: We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that Vineration may review and modify the fees charged and payments made in any transaction, in its sole discretion, based on any complaint or report of special circumstances concerning a transaction. Vineration may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you, shall have no bearing whatsoever on your access to and use of the Platform. When making a purchase through the Vineration Platform, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Vineration that your use of a payment card in connection with any purchase you make on the Vineration Site or Application is authorized and legal. You are responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
REFUNDS AND EXCHANGES: Due to the restrictions of many state laws regarding returns of alcohol, no refunds or exchanges of wines will be permitted.
(9) Subscription Service
The Vineration subscription service (“Subscription” or “Club”) allows end users to schedule recurring purchases and shipments of wine from participating Sellers through the Vineration Platform. End users may sign up for a Subscription by providing the requested registration information and submitting it to Vineration through the Vineration website. End users participating in a Subscription (“Subscribers” or “Club Members”) must elect to purchase wine in quantities of 2 on a monthly or quarterly basis, and agree to receive wine in the selected quantity and at the selected interval until the Subscription is suspended (or “paused”) or canceled. Either members or Vineration may suspend or cancel a Subscription at any time. By signing up for a Subscription, making the required selections, and providing payment information, end users authorize Vineration to charge the debit or credit card on file for the total cost of each wine shipment, comprised of the price of the wine plus applicable tax and shipping fees.
SUBSCRIPTION REGISTRATION: If you register to become a Vineration Club Member, you agree to complete the initial registration process according to the requirements stated on the applicable Vineration website or subscription application, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, telephone number, and payment information.
SUBSCRIBER ACCOUNT INFORMATION AND SUBSCRIPTION STATUS CHANGES: Subscribers are responsible for ensuring that all their account information remains current. Vineration will attempt to send a courtesy reminder email on the first business day of the month to remind Subscribers about that month’s shipment. If Subscribers wish to skip a shipment, cancel their subscription, or update account information effective for that month, Subscribers must make these elections or changes in their account profile by the end of the second business day of the month. If Vineration receives a Subscriber’s request to update account information, skip a shipment, or cancel their Subscription after the second business day of the month, subscription changes will be effective for the following month’s shipment and any account information updates will be made on a “best efforts basis”. Once the order has been placed Subscribers will receive an email receipt for their records. To ensure receipt of Vineration’s reminder emails, Subscribers should be sure to add [email protected] to their email address book and mark Vineration emails as “Not Spam.”
SUBSCRIPTION TERMINATION: Members may cancel their subscription at any time by calling Vineration at (707) 696-2092 between 9:00 a.m. and 5:00 p.m. Eastern Time, Monday through Friday. Vineration may terminate your subscription and refuse any and all current or future use access to the Vineration Platform: (1) in order to comply with applicable laws, (2) if you provide any information that Vineration determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Vineration determines, in its sole discretion, that you are using your Vineration subscription in a manner not permitted by these Terms, or (4) in other circumstances, as Vineration deems appropriate in its sole discretion.
(10) Proprietary Information and Property
Certain Vineration content provided through the Platform is protected by intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. All Vineration graphics, logos and service names are trademarks of Vineration, and may not be used in connection with any product or service except with the written permission of Vineration, and may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Vineration, or its Platform. You acknowledge and agree that the content accessible through the Platform that is not expressly designated as being provided by a third party is the property of Vineration and its content providers, and Vineration and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform and related materials solely for your own use. Except as expressly provided in the Agreement, all rights are reserved. Further, by communicating with Vineration, including submitting or sending content to us (such as review of and comments on wines and services featured on the Website), you grant Vineration the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into Vineration content. You also grant Vineration and its affiliates and sub-licensees the right to use the name that you submit with any content, including any review or comment. You will remain responsible for the accuracy, copyright compliance, legality, decency, or all other aspects of such submitted content or part thereof, or other communication to Vineration. You also warrant that any “moral rights” in such content are waived.
(11) Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR SOLE RISK. THE PLATFORM AND ANY THIRD PARTY MATERIALS MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. VINERATION DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM AND ANY PRODUCTS, SERVICES, AND EVENT ACCESS OFFERED THROUGH THE PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. VINERATION MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, EVENT ACCESS, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. VINERATION ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH Vineration AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(12) Release and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL VINERATION OR ANY OF ITS AFFILIATED ENTITIES (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT) ENSUING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM AND ANY PRODUCTS, EVENT ACCESS, AND SERVICES OFFERED THROUGH THE PLATFORM, EVEN IF VINERATION OR ANY OF ITS AFFILIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR THIRD PARTY MATERIAL IS TO STOP USING THE PLATFORM. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VINERATION AND AFFILIATED ENTITIES (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT PAID TO VINERATION BY YOU UNDER THIS AGREEMENT DURING THE PREVIOUS ONE-YEAR PERIOD, AND (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON CERTAIN WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(13) Indemnity
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VINERATION, ITS PARENTS, SUBSIDIARIES, AND AFFILIATED ENTITIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO (A) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE PLATFORM; AND (B) ANY VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT BY YOU.
(14) Dispute Resolution and Governing Law
Any disputes arising out of or related to this Agreement shall be governed by the laws of the State of Florida, without regard to its conflicts of laws principles, and regardless to your location. Except for disputes that qualify for small claims court, and only if you are unable to resolve a dispute in the ordinary course of business, all disputes arising out of or related to this agreement or any aspect of the relationship between you and Vineration, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association, provided that Vineration will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any alleged violation of intellectual property rights. You agree that any arbitration under this agreement will take place on an individual basis and that you will not bring or be a party to any class-action lawsuit against Vineration.
(15) Termination
You agree that Vineration may, in its sole discretion and without prior notice, terminate your access to or use of any of the Platform or any part of the Platform at any time and for any reason, with or without cause.
(16) Miscellaneous
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of the Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law. If Vineration does take any legal action against you as a result of your violation of the Agreement, Vineration will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Vineration. You agree that Vineration will not be liable to you or to any third party for termination of your access to or use of any part of the Platform as a result of any violation of the Agreement or for any reason at all. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Vineration. Any purported assignment lacking such consent will be void at its inception. Vineration may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the Platform.
Any offer for any feature, product, or service made on or through the Platform is void where prohibited.
Questions and comments should be directed to [email protected] or 1-707-696-2092.
Terms of Service last updated August 15, 2018
