Terms of Service
Welcome to Vino Coterie! JMF Enterprises, LLC (“Vino Coterie” or “Company”) is the developer and operator of the website www.VinoCoterie.com (the “Site”). Please read these Terms of Use fully and carefully before using the Site and the services, features, content, applications, or products (collectively, the “Services”) offered by Vino Coterie. These Terms of Use create a legally binding agreement for your use of the Site. These Terms of Service include all “Content,” which includes, but is not limited to information, data, text, photographs, videos, audio clips, software, scripts, written posts and comments, graphics, and interactive features provided for use or otherwise accessible for the Services on the Site.
1. ACCEPTANCE OF TERMS OF USE.
A. By registering and/or using the Services on this Site in any manner, including, accessing, visiting, browsing or using this Site, you acknowledge and agree that you are at least 13 years old or older, and a person that has not been suspended or removed by Vino Coterie for any reason. If you are minor under 13 years old, you must obtain consent of your parent or legal guardian to use the Site. By using the Site, you acknowledge and agree that have read, understood, and agree to these Terms of Use, and all other operating rules, policies, and procedures published on this Site by Vino Coterie.
B. Vino Coterie reserves the right to revise these Terms of Use at any time without notice to you. Your use of the Site and Services constitutes your acceptance to these Terms of Use and any changes or modifications to such. Vino Coterie may change, suspend, discontinue, add, supplement, or modify any aspect of the Site, Services, or Content without notice to you.
C. Your use of these Terms of Use is a further agreement to the Vino Coterie Privacy Policy, (the “Privacy Policy”), which is incorporated herein by reference.
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.
2. USE LICENSE. Subject to these Terms of Use, we grant you a personal, limited, non-transferable, and non-exclusive license to use the Site, and access the Content, but solely for the purposes of using the Services. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Vino Coterie. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the Content found on the Site, in whole or in part. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site, and are responsible for the consequences of such communications. Any other use of the Site, Services, or Content requires the prior written consent of Vino Coterie.
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.
F. Vino Coterie reserves the right to read, access, maintain, preserve, and/or disclose any information that it believes is necessary to comply with any law, regulation, lawsuit, or governmental request, or to enforce these Terms of Use, or to detect, prevent, or otherwise remedy and fraud, security, or technical issues, or to protect the rights, property, and/or safety of Vino Coterie, other users of the Site and/or Services, and the public.
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.
REGISTRATION AND PASSWORDS. To sign up for the Services on the Site and become a “Member,” as defined in the Giveaway Rules, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You may not select or use as a username the name of another person with the intent to impersonate that person, or use such name that infringes on any right of Vino Coterie or any third party, and further, such username shall not be offensive, vulgar, or obscene. You are solely responsible for any activity or purchases made through your registration. You may not use another person’s or entity’s account or registration information for the Services without written authorization from such person and Vino Coterie. You must notify us of any change in your eligibility to use the Site or the Services. You should not publish or cause to be published, or distribute registration login information. Vino Coterie reserves the right to suspend, terminate, and/or delete your account or registration at any time for any violation of these Terms of Use, without notice to you.
6. NOTICE OF CONTENT OWNERSHIP. The Services contain Content that may be provided by Vino Coterie, its partners, affiliates, subsidiaries, or other third parties, and such Content is protected by trademarks, copyrights, service marks, trade secrets, patents, and/or other proprietary rights and law. You may not use such Content in any matter that infringes upon any right of Vino Coterie or any other third party. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Vino Coterie and the Vino Coterie logo are registered trademarks. All other trademarks are the property of their respective owners. All of the Site’s Content is copyrighted by Vino Coterie, Inc. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Vino Coterie.
7. TRANSACTIONS.
8. BILLING AND RECURRING BILLING
A. Some of the Services offered on the Site, including the purchase of any products, whether on a one-time basis, or on a reoccurring basis, may be subject to payments now or in the future (the “Paid Services”). Any disclosures provided to you during the sign up stage on the Website, or during a Transaction are incorporated into these Terms of Use by reference.
B. For any Paid Services, Vino Coterie uses a third-party processor (“Processor”) to bill you through a payment account connected to a Member’s registration account (“Billing Account”). The processing of payments will be subject to these Terms of Use, as well as all terms, conditions, and privacy notices of the Processor. Vino Coterie is not responsible for errors or mistakes by the Processor. By entering into a Transaction for Paid Services, the Member that he/she is entering into a binding contract with Vino Coterie and agrees to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges, and the Member agrees to authorize Vino Coterie to process such payments through the Processor. In addition, you remain responsible for any taxes that may be applicable to your Transactions. While not obligated to do so, Vino Coterie may correct any errors by the Processor even if it has requested or received payment.
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.
G. Vino Coterie reserves the right to revoke a Membership Plan at any time as a result of violation of these Terms of Use or the Privacy Policy.
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.
9. GIFT SUBSCRIPTIONS. A Membership Plan may be gifted to another person (“Gift Membership Plan”). Such Gift Membership Plans are subject to these Terms of Use, and the person gifting such Gift Membership Plan shall be bound and responsible for all costs, expenses, for any one-time transaction or recurring Membership Plans.
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.
11. CONTRIBUTED CONTENT GUIDELINES. By submitting or posting any materials or content on the Site, you grant Vino Coterie a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Vino Coterie the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Vino Coterie will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. All contributed content is subject to these Terms of Use, which include Vino Coterie’s policy regarding copyright infringement. Vino Coterie reserves the right not to post your for any reason as determined in the sole and absolute discretion of Vino Coterie.
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.
14. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Vino Coterie, its parent, subsidiaries, divisions, and affiliates, employees, assigns, and their respective officers, directors, employees, agents, assigns, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.
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.
18. WAIVER; REMEDIES. The failure of Vino Coterie to partially or fully exercise any rights or the waiver of Vino Coterie of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Vino Coterie or be deemed a waiver by Vino Coterie of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Vino Coterie under these Terms of Use and any other applicable agreement between you and Vino Coterie shall be cumulative, and the exercise of any such right or remedy shall not limit Vino Coterie’s right to exercise any other right or remedy.
21. GOVERNING LAW. The laws of the State of Texas shall govern these Terms of Use without regard to conflict of laws provisions.
22. DISPUTES; ARBITRATION.
A. Any dispute relating in any way to your visit to, or use of the Site to the products you purchase through the Site (including a Membership Plan), or to your relationship to Vino Coterie shall be submitted to confidential arbitration in Dallas, TX; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, or other jurisdiction as determined by Vino Coterie. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.
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.
25. HEADINGS. The Section and paragraph headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.
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.
27. EFFECTIVE DATE OF TERMS OF USE: April 29, 2020.