Last Updated:  27 December 2019

1. TERMS OF USE

Welcome to the Internet sites of Wine Bounty LLC (“WineBounty.com”). WineBounty.com includes WineBounty.com, and other Internet sites affiliated with Wine Bounty LLC, (each a “WineBounty.com Site” or a “Site”). Each WineBounty.com Site is operated by Wine Bounty LLC, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).

PLEASE NOTE THAT YOUR USE OF THE WINEBOUNTY.COM SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF USE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.  YOUR USE OF THE WINEBOUNTY.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY WINEBOUNTY.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU.  YOUR CONTINUED USE OF THE WINEBOUNTY.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF USE.

2. WHO MAY ACCESS THE WINEBOUNTY.COM SITE

The WineBounty.com Site is neither a retailer nor distributor of alcoholic beverages.  No orders are placed on the WineBounty.com Site.  The WineBounty.com Site markets alcoholic beverages that are sold by licensed wine retailers and wineries (the “Retailers”) only to persons who are of the legal drinking age.   By accepting these Terms of Use, you affirm that you are of the legal drinking age of the jurisdiction from which you access this Site.

As required by the Communications Decency Act of 1996, the WineBounty.com Site 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.  WineBounty.com does not sponsor or endorse any of these companies or their services.

3. LIMITATIONS OF USE

Your access and use of the WineBounty.com Site and any information, materials, and documents therein are subject to the following restrictions and prohibitions on use:

  1. You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of WineBounty.com;
  2. You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the Site that are owned or licensed by WineBounty.com, including but not limited to design elements and code, are subject to the same conditions;
  3. You may not use manual or automated software, devices, or other processes to “crawl” or “spider” any web page contained in the Site;
  4. You may not “frame” or otherwise simulate the appearance or function of this Site;
  5. You may not take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; and
  6. You may not use the Site or any materials of the Site for any other purpose that is unlawful or prohibited by these Terms of Use.  You agree to abide by all applicable local, state, national, and international laws and regulations with respect to the Site and any materials of the Site.

WineBounty.com reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.

4. LINKS TO THIRD PARTY SITES

The WineBounty.com Site may contain links to websites controlled, owned, or operated by third parties (the “Third Party Sites”). These links are provided for your information and convenience only and are not an endorsement by WineBounty.com of the content of such Third Party Sites, nor do they represent an endorsement by the Third Party Site of WineBounty.com. WineBounty.com cannot control and has no responsibility for the accuracy or availability of information provided on the Third Party Sites. You acknowledge that use of any Third Party Site is governed by the terms of use for those websites, and not by the WineBounty.com Terms of Use.  Links to Third Party Sites do not constitute an endorsement or recommendation by WineBounty.com of such websites or the content, products, advertising, or other materials presented on such websites, but are only for your convenience and you access them at your own risk.  Such Third Party Sites may have a privacy policy different from that of WineBounty.com and the Third Party Site may provide less security than this Site.  We are not responsible for the content of any Third Party Site, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third Party Site, and WineBounty.com shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

5. THIRD PARTY CONTENT

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the WineBounty.com Site by third parties (including content derived from Third Party Sites) are those of the respective author(s) or distributor(s) and not of WineBounty.com.  WineBounty.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WineBounty.com Site by anyone other than authorized WineBounty.com officers, directors, or employees acting in their official capacities.

6. INTELLECTUAL PROPERTY

The WineBounty.com Site contains material which is owned by or licensed to us, including but not limited to, the design, layout, look, appearance, and graphics on the Site.  Reproduction of this material is prohibited without our prior written consent.  The Site also contains trademarks, service marks, and trade names which are owned by WineBounty.com and may also contain brand and product names which are trademarks, service marks, or trade names which are owned by certain third parties.  Unless authorized in writing, WineBounty.com’s trademarks may not be used by you in any manner that is contrary to law, is likely to cause confusion among customers, or may disparage WineBounty.com or the WineBounty.com Site.   

Nothing contained in the WineBounty.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (“IP Rights”) of WineBounty.com, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes, or technologies described on the Site are expressly reserved to WineBounty.com, its affiliates, or any third party, as applicable.

7. COPYRIGHT NOTICES

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WineBounty.com’s Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the WTSO website;
  4. Your address, telephone number, and email address;
  5. 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; and
  6. 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 (a “Copyright Infringement Notification”).

WineBounty.com’s Copyright Agent for Copyright Infringement Notifications can be reached at legal@winebounty.com.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless WineBounty.com and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors, and assigns (each a “Relevant Party”) against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys’ and other professional fees and disbursements, suffered, incurred by, or asserted against any Relevant Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with your:

  1. Use of this Site;
  2. Purchase or use of any services or products on the Site or linked to or from the Site, including Third Party Sites;
  3. Breach of these Terms of Use or the documents they incorporate by reference; or
  4. Violation of any law or the rights of a third party.

WineBounty.com reserves the right, at WineBounty.com’s own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify a Relevant Party, and you agree to cooperate with WineBounty.com’s defense of these matters at no cost to WineBounty.com.

The foregoing obligations are hereinafter collectively referred to as “Indemnity Obligations.” Indemnity Obligations shall survive, for a period of five (5) years after your last use of the WineBounty.com Site. You agree to promptly tender any payments due to any Relevant Party under or in respect of the Indemnity Obligations within ten (10) business days following written demand by the Relevant Party.

9. DISCLAIMER OF WARRANTIES

ALTHOUGH WINEBOUNTY.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE WINEBOUNTY.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY, OR ANY USE OF INFORMATION ON THE WINEBOUNTY.COM SITE. WINEBOUNTY.COM DOES NOT WARRANT THAT YOUR USE OF THE WINEBOUNTY.COM SITE, OR THE OPERATION OR FUNCTION OF THE WINEBOUNTY.COM 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 WINEBOUNTY.COM 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 SITE. WINEBOUNTY.COM AND THE RELEVANT PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINEBOUNTY.COM SITE. THE WINEBOUNTY.COM SITE CONTENT IS 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.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WINEBOUNTY.COM OR OTHER RELEVANT PARTIES 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 WINEBOUNTY.COM SITE, THE USE OR PERFORMANCE OF THE WINEBOUNTY.COM SITE, THE DELAY OR INABILITY TO USE THE WINEBOUNTY.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINEBOUNTY.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINEBOUNTY.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINEBOUNTY.COM OR ANY OTHER RELEVANT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINEBOUNTY.COM SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINEBOUNTY.COM SITE.  THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINEBOUNTY.COM’S OR OTHER RELEVANT PARTIES’ LIABILITY OR YOUR REMEDIES.

11. DISPUTES

Any dispute or claim relating in any way to your use of the WineBounty.com Site will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify.  

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to legal@winebounty.com.  The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules.  The AAA’s rules are available at www.adr.org.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by AAA.  The arbitration shall be a confidential proceeding, closed to the general public. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.  You may choose to have the arbitration conducted by telephone, based on written submissions or, unless otherwise agreed by the parties, in person in Los Angeles County, California.

The parties 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, the parties each waive any right to a jury trial.  The parties also agree that we may bring suit in court to enjoin infringement or other misuse of IP Rights.

If any portion of this arbitration provision, or the rules of the AAA, are determined by the arbitrator or by any court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portions shall be severed or modified so that this arbitration provision may be enforced to the greatest extent permissible under the law.

12. APPLICABLE LAW

By using any WineBounty.com Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WineBounty.com.

13. NOTICES

WineBounty.com will give you any necessary notices by posting them on the WineBounty.com Site.  You agree to check the WineBounty.com 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 WineBounty.com Site.

14. PRIVACY POLICY

Your use of the WineBounty.com Site is governed by the WineBounty.com Privacy Statement.

15. FORCE MAJEURE

WineBounty.com shall be excused from performance under these Terms of Use if WineBounty.com is prevented, forbidden, or delayed from performing, or omits to perform, any act or requirement under these Terms of Use by reason of:

  1. Any provision of any present or future law or regulation or order of the United States of America, or any state thereof;
  2. Any act or omission of a third party; or
  3. Any act of God, emergency condition, war, computer or telecommunications failure, or other circumstance beyond the control of WineBounty.com.

16. MODIFICATIONS

WineBounty.com may at any time revise these Terms of Use by updating the same at the WineBounty.com Site. When WineBounty.com updates these Terms of Use, WineBounty.com will also revise the “Last Updated” date and include a .pdf on its Terms of Use web page highlighting any changes from the previous version.  We will also notify you by email (if you are subscribed to receive emails) or by means of a notice on our home page.  You are bound by any such revisions and should therefore review changes highlighted carefully.

17. GENERAL PROVISIONS

You agree that WineBounty.com and other Relevant Parties may make improvements and/or changes to the Site or events described in the 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 WineBounty.com Site may not be legal by certain persons or in certain countries.  If any provision of these Terms of Use 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 WineBounty.com to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WineBounty.com in writing.  The Terms of Use, along with the WineBounty.com Privacy Statement, comprises the entire agreement between you and WineBounty.com and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein.  These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of WineBounty.com.  Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of WineBounty.com shall be null and void.  These Terms of Use will inure to the benefit of WineBounty.com’s successors, assigns, and licensors.  The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

18. SURVIVAL

The following provisions shall survive any termination of these Terms of Use: Indemnification, Disclaimer of Warranties, Limitation of Liability, Modifications, and General Provisions.

If you have any questions about these Terms of Use, please contact us at legal@winebounty.com.