If you do not agree to the terms in this Agreement, then please do not visit the vinfluencewine.com website.
When you access and use the Vinfluence site, you are agreeing to these terms (“Agreement”). Please note these are standard terms and that in some cases, depending upon the service we are providing additional terms may apply. These additional term will control if there are inconsistencies, which collectively are our superceding terms ("Superceding Terms").
This Agreement governs all activities available on the website, including shipment of wine and the Vinfluence wine club services (“services”), wine made available on the website (“products”), event programming made available through the website (“events”), and communications between you and Vinfluence. Collectively, this is the Vinfluence platform (the “Platform”).
If you access or use any part of the Platform, you are agreeing to its terms. you indicate your acceptance of the agreement and affirm that you are of legal age to enter into this agreement. If you are using the Platform on behalf of a company or other organization, then you are entering into this agreement on behalf of yourself and such organization, and you represent that you have the legal authority to bind such organization to this agreement.
(1) Scope and Acceptance
Anyone who accesses or uses any part of the Platform is an “End User.” The Agreement sets forth your rights and obligations as an End 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.
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 make a purchase through the Vinfluence Platform. To verify that you are at least twenty-one (21) years of age, you will be required to enter your date of birth prior to completing a purchase or signing up for a subscription service through the Platform. Additionally, 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.
(4) Text Message (Short Code) Policy
We want your wine shipment to arrive in premium condition (not subject to extreme heat or cold). In addition, the states to which our sales partners ship require wine be received by a person 21 years of age or older. To make sure your wine arrives safely and legally, we prefer to use an automated notification service that will send you various text (“SMS”) messages, outlining the progress of your shipment. We believe this is the fastest and most efficient way to provide you with information about your shipment.
We also want to keep you apprised of new products and offers we think you’ll like from time to time, including promotions, coupons and invitations to special events. Our users find SMS messaging to be a convenient way to receive this information.
We make commercially reasonable efforts to comply with the Telephone Consumer Protection Act (“TCPA”), which means we do not send automated text messages to your mobile device without your express consent. You may opt out at any time by texting STOP in reply to any SMS message you receive, or by changing the preferences in your account. To opt in to receive shipment notification and tracking information through our automated SMS system, please create an account, add your phone number and check the box to “opt in” on the sign up page. In order to receive your shipment or to receive information on special promotions and offers, you are not required to provide us with your mobile number. If you choose not to receive automated SMS messages to your mobile device, you will receive the same notifications via email through an automated email system.
Our commercial messages are CAN-SPAM compliant, and you may opt out of receiving commercial messages by following the instructions contained in the email. Please note that even if you opt out of receiving commercial email messages from us, you may not opt out of receiving non-commercial, information-based email communications about your account, or information about a shipment.
(5) Description of Platform
As previously defined, the Vinfluence website, services made available on the website, wine made available on the website, event programming made available through the website, and communications between you and Vinfluence are collectively referred to as the “Platform”. Vinfluence does not sell any of the wine made available through our Platform. Rather, Vinfluence invites select licensed sellers (“Sellers”) to sell their wines directly to you via the Platform as described in more detail in section 8. Vinfluence does provide a Subscription Service, described in more detail in section 9, with no additional charge or fee to Subscribers other than the price of any wine (plus applicable tax and shipping charges) purchased from Sellers through the Subscription Service.
The availability through the Platform of any listing, description or image of Seller’s products does not imply our endorsement of such product or affiliation with the provider of such product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product is subject to change at any time without notice. We disclaim - and you release us from any liability regarding - errors, inaccuracies, and omissions of the Platform, specifically regarding (though not in any way limited to) information provided to us by End Users. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If you believe any portion of the Platform includes an error or inaccuracy, please notify us.
(6) Availability of Platform
We reserve complete discretion with respect to the operation of the Platform, and the right to change terms without notice. Vinfluence 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, Vinfluence 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 Vinfluence 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 Vinfluence’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 Vinfluence 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 Vinfluence; 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 Vinfluence, 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 Vinfluence’s express prior written consent.
LOCATION OF USE: The Platform is controlled and operated from the United States, and is not intended to subject Vinfluence 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.
ALL WINE SOLD THROUGH THE VINFLUENCE PLATFORM IS SOLD BY PARTICIPATING LICENSED SELLERS AND NOT BY VINFLUENCE. Vinfluence never takes legal title of any wine sold through our Platform, and legal title to the wine transfers directly from the Seller to you on any purchase you make. Further, because the Sellers featured on the Platform are responsible for all aspects concerning the sale of their wines, Vinfluence cannot make any guarantees regarding any aspect of the wines you purchase through the Platform, including but not limited to the quality and/or delivery thereof.
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.
SHIPPING: Wine purchased through the Vinfluence Platform is shipped not by Vinfluence. By placing an order, you authorize the Seller(s) to act on your behalf in arranging for transportation of the wine. By law, wine may only be delivered to individuals age twenty-one (21) and over, and generally an adult signature is required.
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 will be refunded less all applicable shipping fees.
Prices of the wines do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options, unless otherwise explicitly stated.
FEES AND PAYMENTS: We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that Vinfluence 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. Vinfluence 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 Vinfluence 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 Vinfluence that your use of a payment card in connection with any purchase you make on the Vinfluence 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 Vinfluence subscription service (“Subscription” or “Club”) allows end users to schedule recurring purchases and shipments of wine from participating Sellers through the Vinfluence Platform. End users may sign up for a Subscription by providing the requested registration information and submitting it to Vinfluence through the Vinfluence website or other sales channels such as telephone orders, mail orders, or in-person orders at Vinfluence events. End users participating in a Subscription (“Subscribers” or “Club Members”) agree to purchase wine at the Club’s specified quantity and interval until the Subscription is suspended (or “paused”) or canceled. Either Subscribers or Vinfluence may suspend or cancel a Subscription at any time. By signing up for a Subscription and providing payment information, end users authorize Vinfluence 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 Vinfluence Club Member, you agree to complete the initial registration process according to the requirements stated on the applicable Vinfluence 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. As part of the initial registration process, you must choose a user name and a password to use when accessing your Subscription. For your protection, you must keep your user name and password secret. You must immediately notify Vinfluence if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
SUBSCRIBER ACCOUNT INFORMATION AND SUBSCRIPTION STATUS CHANGES: Subscribers are responsible for ensuring that all their account information remains current. Vinfluence 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 Vinfluence 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 Vinfluence’s reminder emails, Subscribers should be sure to add firstname.lastname@example.org to their email address book and mark Vinfluence emails as "Not Spam."
SUBSCRIPTION TERMINATION: Members may cancel their subscription at any time by emailing email@example.com. Vinfluence may terminate your subscription and refuse any and all current or future use access to the Vinfluence Platform: (1) in order to comply with applicable laws, (2) if you provide any information that Vinfluence 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 Vinfluence determines, in its sole discretion, that you are using your Vinfluence subscription in a manner not permitted by these Terms, or (4) in other circumstances, as Vinfluence deems appropriate in its sole discretion.
(10) Proprietary Information and Property
Certain Vinfluence content provided through the Platform is protected by intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. All Vinfluence graphics, logos and service names are trademarks of Vinfluence, and may not be used in connection with any product or service except with the written permission of Vinfluence, 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 Vinfluence, 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 Vinfluence and its content providers, and Vinfluence 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 Vinfluence, including submitting or sending content to us (such as review of and comments on wines and services featured on the Website), you grant Vinfluence 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 Vinfluence content. You also grant Vinfluence 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 Vinfluence. You also warrant that any “moral rights” in such content are waived.
(11) Third Party Properties
The Platform may make available access to other websites via links or refer you to physical venues, geographical sites, and/or products or services that are owned, under the control of, or maintained by a third party (“Third Party Properties”). We neither control nor endorse, nor are we responsible for, any Third Party Properties, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Properties, or any intellectual property rights therein. You acknowledge that Vinfluence is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Vinfluence is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. If you access, visit, or use any Third Party Properties referred to through the Platform, you do so at your own risk.
(12) 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. VINFLUENCE 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. VINFLUENCE 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. VINFLUENCE 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 VINFLUENCE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTITIVES, 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.
(13) 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 VINFLUENCE 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 VINFLUENCE 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 VINFLUENCE AND AFFILIATED ENTITIES (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT PAID TO VINFLUENCE 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.
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VINFLUENCE, 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.
(15) 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 New York, 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 Vinfluence, 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 Vinfluence 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 Vinfluence.
You agree that Vinfluence 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. Any unused credits earned through any Vinfluence promotional program are not refundable for any amount after the termination of your access to the Platform, unless applicable law provides otherwise.
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 Vinfluence does take any legal action against you as a result of your violation of the Agreement, Vinfluence 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 Vinfluence. You agree that Vinfluence 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 Vinfluence. Any purported assignment lacking such consent will be void at its inception. Vinfluence 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.
For New Jersey residents, nothing in this Agreement should be construed to limit any rights provided you under state law, which you may instead rely upon and which we will apply at your request.
Any offer for any feature, product, or service made on or through the Platform is void where prohibited.
In the event Vinfluence’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of G-d or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Vinfluence, Vinfluence shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
Questions and comments should be directed to firstname.lastname@example.org
Terms of Service last updated 06/29/2016