TERMS OF SERVICE
Welcome to the Internet sites of MyClubWine.com, LLC ("MyClubWine.com"). MyClubWine.com includes MyClubWine.com, and other Internet sites affiliated with MyClubWine.com, LLC, (each a "MyClubWine.com Site"). Each MyClubWine.com Site is operated by MyClubWine.com, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE MYCLUBWINE.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS MYCLUBWINE.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE MYCLUBWINE.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY MYCLUBWINE.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE MYCLUBWINE.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the MyClubWine.com Site:
• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of the MyClubWine.com Site or MyClubWine.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• You will not access the MyClubWine.com Site with any manual or automated process for any purpose other than to purchase MyClubWine.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the MyClubWine.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
• Frame or link to the MyClubWine.com Site except as permitted in writing by MyClubWine.com.
THE SALE OF ALCOHOLIC BEVERAGES
MyClubWine.com does not sell alcoholic beverages but provides an online menu and ordering portal to persons over the age of 21. By using this site you swear and affirm that you are over the age of 21. MyClubWine.com makes every effort to ensure that alcoholic beverages are not ultimately delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from their respective private/public club is over the age of 21. You also agree that any alcohol purchased from the club using MyClubWine.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 MyClubWine.com will prosecute you fully to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all alcohol passes from the producer to the purchaser at the distributor warehouse and state it is purchased in and then to the club purchaser and then finally to the club member. These parties take all responsibility for shipping it from the distributor warehouse to his/her club for pick up. By arranging for notification of the intent to purchase the alcohol, MyClubWine.com is providing a service to the club member and the club. By utilizing this menu service from MyClubWine.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcohol. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this MyClubWine.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of MyClubWine.com. MyClubWine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this MyClubWine.com Site by anyone other than authorized MyClubWine.com employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, MyClubWine.com 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. MyClubWine.com does not sponsor or endorse any of these companies or their services.
The MyClubWine.com Site may contain links to other web sites or resources. You acknowledge and agree that MyClubWine.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the MyClubWine.com Site does not imply that MyClubWine.com endorses the linked site.
RETURNS 5 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS
Returns and cancellations are only accepted within 5 days of the date of delivery to the club. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To return your alcohol, please contact us at customerservice@MyClubWine.com. If the product is received by your club in unused and undamaged condition and in its original packaging, they will refund your purchase.
DAMAGED IN SHIPMENT
If you receive your alcohol and it has been damaged during shipment, please email us at customerservice@MyClubWine.com within 2 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that products are packaged and shipped properly. We will arrange with your club for the damaged products to be replaced.
Once your return is received and inspected, your club will send you an email to notify you that they have received your returned item. They will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Your Club only replaces items if they are defective or damaged. If you need to exchange it for the same item, send us an email at customerservice@MyClubWine.com and we will notify your club manager.
Any dispute or claim relating in any way to Gift Certificates or your MyClubWine.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to MyClubWine.com, LLC. c/o Legal Department 2525 West Greenway Rd. Phoenix, AZ 85253. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
We and you 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, we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any dispute relating in any way to MyClubWine.com shall be submitted to confidential arbitration in Phoenix, Arizona, except that, to the extent you have in any manner violated or threatened to violate MyClubWine.com's intellectual property rights, MyClubWine.com may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts.
MCW reserves the right to change and update these terms and conditions from time to time in its discretion, and your continued use of this website represents acceptance of the revised terms and conditions. All terms and conditions are applicable to the extent permitted by law.
Termination by MyClubWine.com: MyClubWine.com may terminate your membership at its discretion without notice.
PROTECTION OF CONTENT PROVIDED BY MYCLUBWINE.COM AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the MyClubWine.com Site ("Site Content") are copyrighted materials owned by or licensed to MyClubWine.com. The Site Content may contain trademarks, service marks and trade names which are owned by MyClubWine.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by MyClubWine.com, its affiliates, or third parties. "MyClubWine.com" is a trademark of MyClubWine.com. Unless authorized in writing by an officer of MyClubWine.com, MyClubWine.com's trademarks may not be used in connection with any product or service that is not MyClubWine.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyClubWine.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of MyClubWine.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the MyClubWine.com Site. Nothing contained in the MyClubWine.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 MyClubWine.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to MyClubWine.com, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
MyClubWine.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyClubWine.com's Designated Agent the following information:
MyClubWine.com's Policy Concerning Claims of Infringement
Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to MyClubWine.com's designated agent as specified below. Please include the following information:
• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• 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;
• 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.
MYCLUBWINE.COM will give you any necessary notices by posting them on the MyClubWine.com Site. You authorize MYCLUBWINE.COM to send notices via electronic mail as well if MYCLUBWINE.COM decides, in its sole discretion, to do so. You agree to check the MyClubWine.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 MyClubWine.com Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH MYCLUBWINE.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE MYCLUBWINE.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE MYCLUBWINE.COM SITE. MYCLUBWINE.COM DOES NOT WARRANT THAT YOUR USE OF THE MYCLUBWINE.COM SITE, OR THE OPERATION OR FUNCTION OF THE MYCLUBWINE.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 MYCLUBWINE.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 WEBSITE. MYCLUBWINE.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MYCLUBWINE.COM SITE. THE MYCLUBWINE.COM SITE CONTENT 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MYCLUBWINE.COM AND/OR ITS SUPPLIERS 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 MYCLUBWINE.COM SITE, THE USE OR PERFORMANCE OF THE MYCLUBWINE.COM SITE, THE DELAY OR INABILITY TO USE THE MYCLUBWINE.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MYCLUBWINE.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYCLUBWINE.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYCLUBWINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MYCLUBWINE.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MYCLUBWINE.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MYCLUBWINE.COM'S LIABILITY OR YOUR REMEDIES.
to by law enforcement, governmental agencies, or similarly authorized third parties, in response to a verified legal request relating to a criminal
investigation or alleged illegal activity or any other activity that may expose us, you, your club, or any other My Club Wine customer to legal liability or if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
ALL INFORMATION GATHERED IS FOR INTERNAL USE ONLY.
If at anytime you desire to unsubscribe, please email MyClubWine.com at MyClubWine@myclubwine.com. Additionally, all marketing emails will include a unsubscribe link to access our email contact page. All requests will be honored immediately upon receipt.
TERMINATION OF YOUR MYCLUBWINE.COM ACCOUNT
MyClubWine.com may terminate your MyClubWine.com Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
MyClubWine.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MyClubWine.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your club has charged your credit card. If your credit card has already been charged for the purchase and your order is canceled, MyClubWine.com shall immediately contact your club to issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
MYCLUBWINE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
MyClubWine.com shall be excused from performance under this Terms of Service if MyClubWine.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of MyClubWine.com.
The following provisions shall survive any termination of these Terms of Service: No Warranty from MyClubWine.com, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any MyClubWine.com Service, or to any products or services sold or distributed by your club via MyClubWine.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to MyClubWine.com c/o Legal Department 222 Sutter Street Suite 450 San Francisco CA 94108. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MyClubWine.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any MyClubWine.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MyClubWine.com.
If you have any questions about these Terms of Service, please contact us through the "Contact" menu on our site.
If at anytime you desire to unsubscribe, please email MyclubWine.com at firstname.lastname@example.org. Additionally, all marketing emails will include a unsubscribe link to access our email contact page. All requests will be honored immediately upon receipt.