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Terms of Use

TERMS OF USE

YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THE PLATFORM

Last Updated: January 11, 2021

These Terms of Use govern your use of the Family Vineyards Direct website, https://familyvineyardsdirect.com/, and mobile application, any content, functionality, products and services offered through the Site (collectively “the Site”), as well as any other features, events or communications, through any channel (collectively with the Site, “the Platform”). By accessing and using the Platform, you acknowledge (i) that you are at least 21 years of age and (ii) that you have read, understood, and agree to be legally bound by the Terms of Use and our Privacy Policy, which is incorporated by reference (collectively, the “Terms”). If you do not agree to any of these Terms, do not use the Platform.

THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

  1. Registration

 

Account Registration. Many features of the Platform are non-public, and Users must have an Account to browse our products or make a purchase. Family Vineyards Direct may accept or reject any User’s Account registration in its sole and complete discretion. It is 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. If you do not, we might have to suspend or terminate your Account.

Personal Use Only. Your Account is for your personal, non-commercial use only, and you may not create or use an Account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person.

Account Security. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

The Platform is for Adults in the U.S. The Platform is intended for use only by individuals age 21 and older in the states or territories of the United States. By using the Platform, you represent that you are at least 21 years old, that the recipient of any alcoholic beverage orders placed by you will be at least 21 years old, and that any alcohol beverages purchased using the Platform are intended for personal consumption and not for resale. If we believe, in our sole discretion, that a User is under age 21 we will, with or without notice: (i) terminate access to or use of the Platform (or any portion, aspect, or feature of them), and (ii) cancel any pending orders.

If you choose to access the Platform from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located in the United States, where the privacy laws may not be as protective as those in your home jurisdiction.

  1. Purchases

 

Platform Availability. The Platform, including any functionality or feature of the Site, may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Product Availability. The Platform may contain information on certain products, not all of which are available in every location. A reference to a product on the Site may does not imply that such product is or will be available in your location.

Order Processing. Users can purchase products through the Site and only while logged into their Account. We reserve the right, in our sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when if the product you ordered is out of stock, there are inaccuracies or errors in products or pricing information, or our fraud-avoidance team identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. We also reserve the right, in our sole discretion, to take steps to verify your identity or age to process your order.

Pricing Information and Shipping Costs. We strive to provide accurate pricing information about the products available on the Site. We cannot, however, insure against pricing errors. Family Vineyard Direct reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we or our third-party merchant will notify you by email.

Prices of 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. We will make commercially reasonable efforts to prominently display and explain all applicable fees and payments, including shipping or excise and sales taxes, owed by the buyer. We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that Family Vineyards Direct 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.

  1. Shipping

 

All wine is sold by a licensed retailer or winery and shipped through Family Vineyards Direct or a third-party merchant such as WineVIP.  Orders sold and shipped through a third-party merchant such as WineVIP are subject to their acceptance prior to shipment. You may wish to review the winery or retailer terms and conditions of sale.  Wines can be shipped to the following states: AZ, AL, CA, CO, CT, DC, GA, IA, ID, IL, KS, LA, MA, ME, MO, MT, NC, ND, NE, NM, NV, OH, OR, SC, TN, VA, VT, WA, WI, WV, WY.  

Temperature Extremes: the default means of shipping is UPS or FedEx 2-Day Air. If you live in an area where temperatures are extreme, we strongly recommend that you choose a more expedited method of transportation, add ice packs to your order or delay shipment until extreme weather has passed. Family Vineyards Direct or WineVIP is not responsible for damage or spoilage due to extreme weather conditions.

  1. Returns

Your satisfaction is our first concern. If there is any problem with your order, we want to hear about it.  Please email help@familyvineyardsdirect.com.

 

Our merchants take great care to ensure that your product arrived undamaged. However, accidents do occur. If you believe your shipment is damaged, let us know as soon as possible. We must be notified of damage within 7 days of delivery date.

 

If you find any errors regarding type of wine and vintage please email help@familyvineyardsdirect.com right away.  Family Vineyards Direct will arrange to have the package picked up and returned to us for inspection.  Once the package is returned to us, we will inspect the contents and send out a replacement to you.  For this reason, it is vital that you let us know of any error immediately to ensure the fastest delivery of your new shipment. We may request that you return the damaged product to us or provide us with a photo of the damage so we can determine how to avoid issues of a similar nature in the future. If there are damaged or missing bottles we will do everything possible to correct the situation.

 

Please note that taste alone cannot be the sole basis for a return. Our wine is carefully selected by our buyers in order to offer high quality. 

 

We will not be responsible for any incorrect orders placed by the User. Any orders placed in error or cancelled after shipment will be subject to a 20% restocking fee, as well as shipping charges back to us if you want to return the item(s). The prices for wine can fluctuate greatly from day to day, because of this we do not accept returns for wines based on price changes within the marketplace.  All requests for returns or cancellations must be made within 7 days of invoice date.

 

  1. Cancellations and Address Changes

 

All sales are final. We will do our best to accommodate shipping-address changes within 36 hours of your order being placed. There may be additional costs associated with shipping-address changes requested after this time period.  Legal restrictions may apply for refunds on wines shipped to certain states. Please contact help@familyvineyardsdirect.com if you have any questions.

 

 

  1. Intellectual Property

 

The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Family Vineyards Direct (collectively referred to as the “Content”). The Platform and Content associated intellectual property rights are the sole and exclusive property of Family Vineyards Direct and/or its licensors or suppliers, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Family Vineyards Direct. You acknowledge that the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content.

  1. License Rights

 

Subject to your compliance with these Terms, Family Vineyards Direct grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Platform and solely for your personal and non-commercial purposes.

  1. Rules and Conduct

 

As a condition of use, you promise not to use the Platform for any purpose prohibited by these Terms. The Platform (including, without limitation, any and all Content), is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Platform. In connection with your use of the Platform, you may not:

  • alter or modify the Site, or make any electronic reproduction, adaptation, distribution, performance, or display of the Site, or any portion thereof; or
  • sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform, Content, or related materials; or
  • remove or modify any proprietary notice or labels on the Platform, Content or related materials, including copyright notices, or use any of our trademarks as meta-tags on any other website; or
  • use the Platform for any non-authorized purpose or any illegal purpose; or
  • copy, modify, erase, or damage any information contained on computer servers used or controlled by Family Vineyards Direct or any third party; or
  • use the Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
  • access or use any password-protected, secure, or non-public areas of the Site, or access data on the Platform not intended for you, except as specifically authorized by Family Vineyards Direct; or
  • use any automated means to access or use the Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
  • attempt to or actually disrupt, impair, interfere with, alter, or modify the Platform, or any information, data, or materials posted and/or displayed therein; or
  • attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent; or
  • attempt to interfere with or disrupt access to or use of the Site by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.
  1. Feedback

We welcome feedback, comments, user experience and suggestions for improvements to our Platform (“Feedback”). You can submit Feedback by emailing us at help@familyvineyardsdirect.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We are not obligated to keep any Feedback confidential, to pay you anything for any Feedback (whether we use it or not), or to respond to any Feedback. We also are not obligated to return any Feedback to you, in any form. You agree that no Feedback provided to us will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

  1. Third Party Links

 

The Platform may contain links to physical venues, websites, and/or products or services that are owned, under the control of, or maintained by third parties. Such links are provided for your convenience only and do not constitute an affiliation with or endorsement by Family Vineyards Direct. If you access, visit, or use any linked third-party properties, you do so at your own risk and subject to the terms of service and privacy policies of those parties.

  1. Termination

 

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your Account, including access to all or any part of the Platform, at any time and for any reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice.

The following sections will survive any expiration or termination: “Purchases,” “Shipping,” “Intellectual Property,” “Feedback,” “Termination,” “Indemnity” “Disclaimer of Warranties,” “Limitation of Liability,” and “Dispute Resolution”.

  1. Indemnity

 

You agree to indemnify, defend, and hold harmless Family Vineyards Direct, its parents, subsidiaries, affiliates, any related companies, suppliers, merchants, and licensors, and the officers, directors, employees, agents, contractors, representatives, and assigns of each of them, harmless from and against any claims, actions, demands, or expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Platform, (ii) your breach of these Terms, or (iii) your misuse of the Content or the Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Family Vineyards Direct. Family Vineyards Direct will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Disclaimer of Warranties

 

THE PLATFORM, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED FOR SALE ON THE SITE; AND (C) THE ACTS OR OMISSIONS OF OTHER USERS OF 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. FAMILY VINEYARDS DIRECT MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN WHICH CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Platform may contain technical inaccuracies or typographical errors or omissions. The Platform may contain information on certain products, not all of which are available in every location. A reference to a product on the Site may does not imply that such product is or will be available in your location. We reserve the right to make changes, corrections and/or improvements to the Platform at any time and without notice.

  1. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT SHALL FAMILY VINEYARDS DIRECT OR ANY OF ITS AFFILIATES, LICENSORS, MERCHANTS OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), OR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, THE CONTENT, OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, THE CONTENT, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN CONNECTION WITH THE APPLICABLE ORDER GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY.

THESE LIMITATIONS SHALL SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THESE TERMS.

  1. Dispute Resolution

Applicable Law and Venue. These Terms are governed by the Federal Arbitration Act and the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction.

Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy arising out of or relating to these Terms of Use (including our Privacy Policy), the Site, the Content, or the Platform (each a “Dispute”), you agree to first communicate your Dispute to us by email at help@familyvineyardsdirect.com. Most concerns can be quickly resolved, and you agree not to bring any lawsuit or to initiate any arbitration proceeding until 60 days after you communicated your Dispute have elapsed. The parties shall use their best efforts to resolve your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute, you may seek relief as set forth below. Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

Arbitration. If your Dispute cannot be resolved pursuant to the procedures above, Disputes shall be settled by binding arbitration, except that you and Family Vineyards Direct each retain the right to: (1) bring an individual action in small claims court; and (2) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our respective intellectual property rights. Any small claims matter or action for injunctive or equitable relief shall be brought in the federal or state courts of California, and you consent to the exclusive personal jurisdiction and venue in such courts.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

Class Action Waiver; Individual Arbitration. You and Family Vineyards Direct each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and Family Vineyards Direct otherwise agree in writing, the arbitrator may not consolidate more than one person’s Dispute, and may not otherwise preside over any form of any class or representative proceeding. If this Class Action Waiver paragraph is held unenforceable, then the entirety of the Dispute Resolution Section will be deemed void. Except as provided in the preceding sentence, the Dispute Resolution Section will survive any termination of this Agreement.

Arbitration Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by the Dispute Resolution Section in these Terms. For more information, visit www.adr.org. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and Family Vineyards Direct will pick another arbitration provider pursuant to 9 U.S. Code § 5.

Arbitration may be conducted in person in the U.S. county where you reside, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based.

  1. Notice to California Users

 

Under California Civil Code Section 1789.3, residents of California who use the Platform are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

  1. Changes to these Terms

 

We may modify or update these Terms from time to time and for any reason. You understand and agree that your continued access to or use of the Platform after the effective date of any changes represents your acceptance of such changes.

  1. Contacting Us

 

You can reach us by email at help@familyvineyardsdirect.com or in writing at:

Family Vineyards Direct, LLC
2 20th Street North, Suite 100
Birmingham, AL 35203