TERMS OF SERVICE

Hello and welcome from Vinocity Selections, LLC (collectively “Vinocity Selections”, “we”, “us”, or “our”) website located at VinocitySelections.com (“the Site”). Vinocity Selections operates and provides “Services” through the Site.

Before using any of our Services, please read these Terms of Services (these “Terms”), our Privacy Policy, and any other policies and terms listed on the Site. As a condition to your access to our Site, and any other Vinocity Selections-owned websites, social media pages, and apps (collectively, “Vinocity Selection Sites”), you consent to be bound by these Terms, rules, and other guidelines. Your use of Vinocity Selection's Sites constitutes an agreement between You and Vinocity Selections to be bound by each of the terms, guidelines, and rules included in these Terms. These terms are legally binding, so we want you to truly understand them. If you have any questions, please email info@VinocitySelections.com

Vinocity Selections reserves the right to terminate any user’s account for any violation of these Terms, or other terms stated on Vinocity Sites & Services.

Eligibility & Age Requirements

The Site is intended to be used and accessed by persons who are of legal age to purchase and consume alcohol. You must be 21 years old or older (“Legal Age”) to use this Site. If you are not of Legal Age, please exit the Site immediately. By continuing, you affirm that you are of Legal Age.

Wine may only be sold and delivered to individuals twenty-one years or older in the United States. There must be an adult of Legal Age present to sign for all Vinocity Selections' shipments. Each purchaser represents that: (1) he/she is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Vinocity Selections containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least of Legal Age. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.

Vinocity Selections’ Services are presented solely for the purpose of promoting products and services available in the United States. If you access our Services from locations outside the United States, you do so at your own risk, and you are responsible for compliance with any applicable local laws.

Services

You may be able to navigate and review Services on the Site without registering to create an “Account.” However, certain Services (like making a wine purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible (for more information and details, refer to the Getting Your Vinocity Selections' Wine section below).

You should not share your Account information, username, or password, or use another person’s Account or registration information for our Services without permission. Similarly, no one else should use your Account without your explicit permission. You are solely responsible for keeping your Account and its password secure, and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

You can always delete the personal information from your Account by emailing us at info@VinocitySelections.com

CLUB VINOCITY SUBSCRIPTION TERMS

By becoming a Club Vinocity member and placing an order, you agree to receive a shipment of at least twelve (12) bottles of Vinocity Selections, based on our wine release schedule, three (3) times per calendar year, until you cancel your Club Vinocity membership. You may suspend or cancel your membership at any time. By becoming a Club Vinocity member, and providing us with your Account and Payment information, you authorize us to charge your credit card (including applicable tax) for each Club Vinocity wine shipment. Please notify us five (5) days prior to a scheduled shipment, to update your account information, shipping address, payment method, or to cancel your Club Vinocity membership.

All Club Vinocity orders have shipping included in the price. Taxes will be applied based on recipients shipping address.

GETTING YOUR Vinocity Selections

You must create an Vinocity Selections Account to place an order through our Services. You may create an Account by providing requested registration information. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.

Shipping Policy

Due to restrictions of many state laws, we only ship wine to those states where direct shipment of wine to consumers is permitted by law; currently we cannot ship to UT, AR, MS, AL, KY, DE, & RI AS WELL AS CERTAIN ZIP CODES IN FL, NH, CT, WV. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information on changing the laws in your state. In addition, each state imposes certain limitations on the amount of wine any particular resident may receive by direct shipment. Certain states also have dry areas to which alcohol cannot be shipped, so there are certain zip codes where we cannot ship. To ensure that you are able to order wine for direct shipment from our website, please consult the specific state requirements for your state.

Delivery

We’ll need your name, mailing address, age, and telephone number to complete your order and send your Vinocity Selections purchase. Due to direct shipping laws and regulations, Vinocity Selections may be unable to arrange the shipment of wine by you to certain states or to prohibited “dry” regions within certain states. The laws, regulations, and court decisions affecting the interstate shipment of wine are in constant flux and may change at any time. Order recipients must be residents of the United States in a state and/or zip code where it is legal to directly ship wine.

We encourage all Vinocity Selections' customers to ship to their work addresses. As there needs to be someone to receive and sign the package that is at least of Legal Age, shipping to your work address greatly increases your chances of receiving your wine on time.

Payments

After making wine order selections and providing us with delivery information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. Payment is due upon placing your order.

In transactions collected during our Pre-Sale Wine period (defined below), you are authorizing Vinocity Selections to charge your card for a future amount at a later date. Your charge will be authorized, dropped, and recalled in Fall of 2018 for final payment. Wine sold by Vinocity Selections may be offered on a pre-arrival or futures basis. This means that Vinocity Selections is not yet in physical possession of the wine at the time it is sold to you, even though Vinocity Selections has committed to producing a wine that matches its sale to Customer (“Pre-Sale Wine”). Most wines normally arrive within a few months of the purchase with some exceptions, which may arrive as much as one year later from the initial offer. Once wine production is complete and has passed inspection, Vinocity Selections will update the order status automatically and trigger an email notification to the purchaser.

The estimated time for Pre-Sale Wine to arrive is displayed on the website when ordering. The time period indicated represents our best estimate. Occasionally, the original estimate may be extended based on new information we receive. We understand this can be frustrating, but Vinocity Selections does not control all variables which affect timing of delivery. For example, a producer may defer a release beyond its original anticipated date. Please be assured that delivery of your wine is guaranteed. However, Vinocity Selections shall not be liable for any expenses caused by delivery delays as no promise of delivery by a given date can be made with certainty.

Checking Order Status:

We know how exciting it is to expect an Vinocity Selections delivery. Once wines are on their way to you, we’ll send you an email confirmation with tracking information. E-mail us at info@VinocitySelections.com with any questions regarding your order status.

Risk of Loss

The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as UPS or FedEx).

Customer Satisfaction & Commitment to Quality

If you’re not satisfied with your Vinocity Selections purchase for whatever reason, please contact info@VinocitySelections.com explaining the reason for your dissatisfaction. Each situation will be reviewed on an individual basis in light of facts and circumstances of that case and resolved promptly. We may make arrangements for a return, or re-shipment, if we deem it appropriate. As a condition of receiving credit towards a future purchase or re-shipping, we may require you to return the wine product to Vinocity Selections. Subject to the conditions set forth herein and as decided in our sole discretion, we may give you as a sole remedy, a refund in the amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Gift Cards are non-refundable.

TRADEMARKS, COPYRIGHT, AND INTELLECTUAL PROPERTY

All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Vinocity Selections or our wine producers, and is protected by the United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Sites and Services are proprietary to Vinocity Selections or our wine producers.

You may not display, reproduce, or otherwise use the content or materials on the Services without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.

Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Please email info@VinocitySelections.com if you would like to request authorization to use the materials or content on our Site or Services.

Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms.

User Content

We love your feedback and input! Thus, you may see areas on our Site where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas include but are not limited to social media posts, comment areas, and product review areas.

“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Vinocity Selections through the Services or Site. You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.

When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Vinocity Selections to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account.

Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

In addition to giving Vinocity Selections a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

If you don’t agree to these conditions, then please don’t provide the materials to us.

When you submit User Content, you represent and warrant that:

● You hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).

● Your submission of such materials to Vinocity Selections does not and, when used by Vinocity Selections as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (i.e. you didn’t take it from someone else without permission).

● All User Content you provide is accurate, complete, up-to-date, and not misleading.

In addition, any User Content must not:

● Include any profanity or obscene, indecent, or pornographic material;

● Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);

● Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;

● Impersonate any person or entity (we like you just the way you are!); or

● Include anyone’s identification documents or sensitive financial information.

We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

Indemnification

You agree to defend, indemnify and hold harmless Vinocity Selections and its officers, investors, employees, agents, licensors, and content providers against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Vinocity Selections Sites or Services.

No Warranties

Your use of the site is at your own risk. The site is provided on an as-is and as-available basis. We disclaim all warranties, express or implied, including, without limitation, warranties of non-infringement or title, quality, performance, merchantability, fitness for a particular purpose, security, and accuracy. We also make no warranties as to the availability or security of the site or whether the information on the site is accurate, complete, or current. The site and everything on it is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Disclaimer and Limitation of Liability

You agree that we, including any of our affiliates and content providers and any of the respective officers, directors, employees, or agents, will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for lost profits, business interruption, or loss of information) under any contract, negligence, strict liability, or other legal theory arising out of the use or inability to use this site, the material on the site, and/or any linked site, even if we have been advised of the possibility of such damages.

EXCEPT WITH RESPECT TO LOSS OR DAMAGE ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Vinocity Selections, ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, IN NO EVENT SHALL Vinocity Selections BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, ANY HANDLING, STORAGE, OR TRANSPORTATION OF THE CUSTOMER'S WINE AFTER DELIVERY OF POSSESSION OR CONTROL THEREOF TO Vinocity Selections OR TO ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Vinocity Selections HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. BECAUSE SOME STATES/COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING, AND WITHOUT LIMITING, THE FOREGOING, THE TOTAL LIABILITY OF Vinocity Selections FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO Vinocity Selections ON ACCOUNT OF THE STORAGE OF THE LOST OR DAMAGED WINE.

Dispute Resolution

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to these Terms. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these terms to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in San Francisco, California, before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.

The parties hereby agree to have all disputes, claims or controversies arising out of or relating to these terms decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties' rights as described in these Terms. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.

Notice

Any notice given under these Terms or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by Vinocity Selections to this website. Notifications shall be sent to the physical or email address of record for the purchaser or, if to Vinocity Selections LLC, to 1471 1ST ST, Calistoga, CA 94515-1410 or info@VinocitySelections.com

Changes to Terms

Vinocity Selections reserves the right to make changes to these Terms of Service at any time. If you wish to terminate your Account due to a modification or change of these terms, please contact info@VinocitySelections.com

© 2021 Vinocity Selections, LLC