D. By using this Site or Services, you agree to the Arbitration Notice and Class Action Waiver, which provides: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
RULES OF CONDUCT.
A. As a condition to your use of the Site and/or Services, you agree that you will not post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
B. As a condition to your use of the Site and/or Services, you agree that you will not post any information which is untrue, inaccurate or not your own;
C. As a condition to your use of the Site and/or Services, you agree that you will not engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
D. As a condition to your use of the Site and/or Services, you agree that you will not attempting to interfere in any way with the Site or Services, Vino Coterie’s network security, or attempt to use the Site to gain unauthorized access to any other computer system; and
E. As a condition to your use of the Site and/or Services, you agree that you will not, you agree that you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you agree to not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Vino Coterie.
AVAILABILITY. Vino Coterie does not guarantee that any Content or Services made available on this Site will remain or continue to be available on this Site. Vino Coterie may, at its sole and absolute discretion, remove, edit, or modify any Content, at any time, without notice to you, and for any reason it determines.
A. Members may purchase product(s) or Services available on the Site (“Transaction”), upon which Members will be asked to supply certain information relevant to the Transaction including, but not limited to, credit card number, the expiration date of the credit card, the Member’s billing address, and shipping information. Any Member that enters into a Transaction on the Site represents and warrants that he/she has the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, the Member grants to Vino Coterie the right to provide such information to third parties for purposes of facilitating the completion of the purchase. Verification of information may be required prior to the acknowledgment or completion of any purchase.
B. All Content and/or Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Vino Coterie reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or Service.
8. BILLING AND RECURRING BILLING
C. The Member that enters into a Transaction for Paid Services agrees that the terms of payment for the Transaction are based upon the agreements between the Member and his/her respective financial institution, credit card issuer, or other provider. If Vino Coterie does not receive payment for the Transaction for Paid Services through the Processor, the Member agrees to pay all amounts due on by the Member for any Paid Services.
D. THE PAID SERVICES OFFERED ON THE SITE, SUCH AS MONTH-TO-MONTH, OR ANY PREPAID MEMBERSHIP, CONSIST OF AN INITIAL PERIOD OF MEMBERSHIP, FOR WHICH THERE IS A ONE-TIME CHARGE, FOLLOWED BY RECURRING PERIOD CHARGES AS AGREED TO BY YOU (“MEMBERSHIP PLAN”). YOU HAVE THE OPTION OF SELECTING EITHER A MONTH-TO-MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN OVER A 3, 6, OR 12 MONTH PERIOD. EACH MEMBERSHIP PLAN IS A RECURRING PLAN. THE MEMBER ACKNOWLEDGES AND AGREES THAT SUCH PAID SERVICES HAVE AN INITIAL AND RECURRING PAYMENT FEATURE, AND ACCEPTS RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. ALL RECURRING PAYMENTS ARE EARNED UPON PAYMENT. THE MEMBER’S MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE PERIODS EQUAL TO THE MEMBERSHIP PLAN PURCHASED, SUCH AS A MONTH-TO MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN. THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE MEMBERSHIP PLAN AT THE THEN-CURRENT SUBSCRIPTION RATE FOR THE MEMBERSHIP PLAN PURCHASED UNTIL THE MEMBER CANCELS THE RENEWAL OF YOUR MEMBERSHIP PLAN.
E. UNLESS THE MEMBER CANCELS THE MEMBERSHIP PLAN PRIOR TO THE TIME OF BILLING FOR A TRANSACTION, WHICH CAN BE DONE BY EMAILING club@VinoCoterie.com OR VIA THE CUSTOMER’S ACCOUNT PORTAL AT VinoCoterie.com, THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE PURCHASED MEMBERSHIP PLAN. THE MEMBER AGREES THAT Vino Coterie MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR IN ACCORDANCE WITH THE TERM OF YOUR PREPAID MEMBERSHIP PLAN) TO THE MEMBER’S CHOSEN PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM THE MEMBER, UNTIL THE MEMBER PROVIDES PRIOR NOTICE THAT HE/SHE WISHES TO TERMINATE THIS AUTHORIZATION OR TO CHANGE THE PAYMENT METHOD. THE MEMBER AGREES THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Vino Coterie REASONABLY COULD ACT. THE MEMBER’S NON-TERMINATION OR CONTINUED USE OF A PAID SERVICE REAFFIRMS THAT Vino Coterie IS AUTHORIZED TO CHARGE THE MEMBER’S PAYMENT METHOD FOR THAT PAID SERVICE. A MEMBER’S CHARGES MAY BECOME PAYABLE IN ADVANCE, IN ARREARS, PER USAGE, OR AS OTHERWISE DESCRIBED WHEN THE MEMBER INITIALLY PURCHASED THE MEMBERSHIP PLAN.
F. Any Member that enters into a Transaction must provide current, complete, and accurate information for the Member’s billing account on the Site. The Member must promptly update all information to keep the billing account current, complete, and accurate. The Member must notify Vino Coterie of any potential breach of security, such as the unauthorized use of any payment device, or the unauthorized disclosed or use of the Member’s username or password. Changes to such information must be made at the Site. If the Member fails to provide such updated information for any Transaction, whether a single transaction or a reoccurring transaction, the Member agrees that Vino Coterie may continue to charge the Member for any Services purchased unless the Member has Terminated his/her account, or has cancelled their membership.
H. All sales are final with no refunds, returns or exchanges given once a watch has been shipped. Renewals must be cancelled prior to the 10th of each month to receive a refund and cancellation of a shipment. Watches purchased from the “Wheel of Watches” are all final sale with no refunds, returns or exchanges.
10. PRODUCT INFORMATION; LIMITATION ON QUANTITIES. Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which Vino Coterie may correct without liability. Vino Coterie also reserves the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). Vino Coterie does not guarantee that all products described on the Site will be available.
12. GENERAL DISCLAIMERS. You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, PAID SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Vino Coterie DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vino Coterie makes no warranties of any kind regarding any non-Vino Coterie sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Vino Coterie makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Vino Coterie sites. Vino Coterie does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.
13. TAXES. Your total price for Paid Services will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. Vino Coterie will charge tax only in states where the goods sold over the internet are taxable.
15. LIMITATION OF LIABILITY. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF Vino Coterie, IN NO EVENT SHALL Vino Coterie, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, ASSIGNS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF Vino Coterie HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF Vino Coterie, IN NO EVENT SHALL THE TOTAL LIABILITY OF Vino Coterie, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE EXCEED THE AMOUNT YOU PAID TO Vino Coterie IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all Content, Paid Services, Membership Plans, and merchandise available through the Site.
16. INTERNATIONAL USE. Vino Coterie controls and operates the Site from the United States. Vino Coterie makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. RISK OF LOSS. Any merchandise purchased from Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to the carrier and you upon Vino Coterie’s delivery to the carrier.
22. DISPUTES; ARBITRATION.
B. YOU AND Vino Coterie AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vino Coterie agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
23. REFERRAL SYSTEM. To qualify for Vino Coterie Points, you can refer new customers to Vino Coterie. Vino Coterie’s policy is to provide you with 500 “Vino Coterie Points” for each referred NEW member. A “referred member” is defined as a new customer to Vino Coterie, and who purchases a Membership Plan through your referral link, and who has never previously purchased a Membership Plan for him/herself or as a Gift Membership Plan. You and your friend will both receive 500 points which can be used as a credit for your future renewals. 500 points are worth $10 in renewal credits on future renewals. Points are NOT redeemable for cash and have no value outside of VinoCoterie.com. Points are forfeited upon your cancellation of membership and are not transferrable.
24. WINNING MEMBERS. Any Member of Vino Coterie who wins the Vino Coterie Member Giveaway, as detailed in the Official Rules for such giveaway/sweepstakes, is subject to public acknowledgement of receipt of prize(s). You agree that if you win the Vino Coterie Member Giveaway, Vino Coterie may publicly tag you in posts on Twitter, Facebook and Instagram announcing you, personally and by name, as the winner. Upon receipt of the Grand Prize, as defined in the Official Rules, you agree to post a photo of the package and its’ contents to either Facebook or Instagram or both and tag Vino Coterie’s official business in the post.
26. CONTACT. You may contact Vino Coterie at club@VinoCoterie.com.
27. SMS AND AUTO DIALED CALLS. By filling out a Vino Coterie profile, you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to *purchase goods Vino Coterie offers*. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message you receive.
28. EMAIL COMMUNICATION. By filling out a Vino Coterie profile, *including filling out any person information*, you opt in to Vino Coterie occasionally sending you newsletters and emails regarding special offers, promotions, features and/or product updates as well as general marketing emails. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. *Note, however, that as a user of our Services* you cannot opt-out of some administrative communications that are reasonably necessary to the Services, such as billing, *subscription,* or service notifications. You may also opt-out of certain targeted advertising by emailing club@VinoCoterie.com.