Terms of Use
Effective Date: January 1, 2024
THESE TERMS OF USE INCLUDE YOUR AGREEMENT TO A MANDATORY ARBITRATION PROVISION IN SECTION 16 BELOW THAT GOVERNS DISPUTES BETWEEN US THAT (OTHER THAN LIMITED EXCEPTIONS STATED IN THE ARBITRATION PROVISION) REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, INCLUDING A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER.
IN THE EVENT YOU JOIN A WINE CLUB AS REFERENCED BELOW, THESE TERMS OF USE OR RELATED HYPERLINKS HEREIN ALSO INCLUDE YOUR AGREEMENT TO THE AUTOMATIC RENEWAL OF YOUR WINE CLUB MEMBERSHIP AND A MINIMUM PURCHASE AS DESCRIBED IN SECTION 3 BELOW.
1. Acceptance of Terms of Use, Modifications of Same, and Age Requirement
- 1.1 These Terms of Use (the “Terms”) are entered into by and between you and Terlato Wine Group Ltd., including Chimney Rock Winery, Rutherford Hill Winery, Sanford Winery, Klipsun (collectively, “TWG” or “We” or “Us” or “Our”). By accessing, using, registering for, or purchasing products (the “Products”) or services (the “Services”) through TWG websites and applications, you agree to be bound by these Terms.
- 1.2 By using the Websites or clicking to accept these Terms, you agree to be bound by the current version of these Terms at the time of your use.
- 1.3 TWG reserves the right to modify these Terms at any time. Please review the Terms carefully each time you use the Websites. If you disagree, do not use the Websites.
- 1.4 You must be at least 21 years of age to access and purchase Products through the Websites. It is your responsibility to know and follow local laws.
2. User Account Registration
- 2.1 We may collect your personal information as outlined in our Privacy Policy. You are responsible for the accuracy of the information you provide.
- 2.2 To access certain features, you may need to register an account. You are responsible for maintaining the confidentiality of your account and User ID.
- 2.3 By providing payment information, you authorize TWG to process transactions on your behalf. You agree to provide accurate and up-to-date account details.
3. Website Purchases; Wine Club Memberships
- 3.1 Your order is an offer to buy under these Terms. TWG may choose not to accept Orders at its sole discretion.
- 3.2 Prices, discounts, and promotions are subject to change without notice. Wine purchases are non-returnable and non-exchangeable.
- 3.3 By joining a Wine Club Membership, you agree to the terms and conditions, including automatic renewal unless canceled as described.
- 3.4 All wine deliveries require a signature from someone aged 21 or older. Shipping policies are outlined during the purchase process.
4. Product Shipping
- 4.1 We do not ship to Puerto Rico, Guam, or other US territories. You are responsible for providing a valid shipping address within our service areas.
- 4.2 Risk of loss passes to you upon delivery to the carrier. TWG is not liable for delays or losses during shipment.
5. License
We grant you a non-exclusive, non-transferable license to access the Websites in accordance with these Terms. You may not modify or distribute any materials on the Websites without prior written consent.
6. Limitations of Liability
TWG is not liable for any indirect, incidental, or consequential damages arising from your use of the Websites or purchase of Products.
7. Disclaimer of Warranties
All content on the Websites is provided "as is" without any warranties, express or implied. Your use of the Websites is at your own risk.
8. Restricted and Permitted Uses
You agree not to use the Websites for any illegal purpose or in violation of these Terms. TWG reserves the right to revoke your access for any breach of these Terms.
9. Website User Submissions
All content you submit to TWG through the Websites becomes non-confidential and may be used for any purpose by TWG.
10. Electronic Communications
By using the Websites, you agree to receive electronic communications from TWG regarding your account, purchases, and other related information.
11. DMCA
If you believe any content on the Websites infringes on your copyright, please notify our designated DMCA agent as outlined in this section.
12. Indemnity
You agree to indemnify TWG against any claims arising from your use of the Websites or your account.
13. Termination
TWG reserves the right to terminate your access to the Websites at any time for any reason without prior notice.
14. Third-Party Websites
The Websites may contain links to third-party websites. TWG is not responsible for the content or performance of these websites.
15. Governing Law
These Terms shall be governed by the laws of the State of Illinois without regard to conflict of law provisions.
16. Arbitration Agreement and Class Action Waiver
All disputes arising out of or relating to these Terms will be resolved by binding arbitration on an individual basis, as described in this section.
17. Notice to California Residents
California residents are entitled to certain consumer rights under California Civil Code Section 1789.3. Details are provided in this section.
18. Entire Agreement
These Terms constitute the entire agreement between you and TWG regarding your use of the Websites and supersede all prior agreements.
19. Changes To These Terms
TWG reserves the right to modify these Terms at any time. The date of the last update will be displayed at the top of this page.
20. Contact Information
Terlato Wine Group, Ltd.Attn: Chief Legal Officer
900 Armour Drive
Lake Bluff, IL 60044
Telephone: 1-844-901-1833
Email: mtp@twg.com