Grape intentions and you
- "Grape Intentions Inc." is a Delaware corporation, whose principal place of business is 440 L ST NW Suite 506, Washington, DC 20001, doing business under the name Grape Intentions. This document sets out the terms and conditions of Grape Intentions (the “Terms”).
- The use of Grape Intentions' web site ("Site") indicates your unconditional acceptance of the Terms and any additional terms referred to. We reserve the right, in our sole discretion to update or revise the Terms. Your continued use of the site following the posting of any changes to the Terms constitutes acceptance of those changes.
Accepting the Terms
- To use the services provided by Grape Intentions and/or its independent vendors (the “Vendors”; the “Services”), you must first agree to the Terms and may not use the Services if you do not accept the Terms. Your use of the Services will always include the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where available, or by actually using the services provided by Grape Intentions or its Vendors.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Grape Intentions, or (b) you are barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are a resident or from which you use the Services.
- Before you continue, you should print or save a local copy of the Terms for your records.
- Grape Intentions relies upon a network of independent vendors who assist in providing Services to you, including shipping and third party credit card processing. If you purchase any product or service made available to you (a "Transaction") you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting this information, you grant to Grape Intentions and Vendor the right to provide this information to third parties for purposes of completing Transactions initiated by you or on your behalf.
- In connection with each Transaction, you represent that (i) you have the legal right to use any credit card(s) utilized in connection with any transaction, (ii) you may purchase and receive the products ordered in compliance with all applicable laws, including the alcoholic beverage control laws of the jurisdiction in which you reside, and (iii) the products will be used only in a lawful manner.
- We want you to be satisfied with your wine. If you are dissatisfied with any product you receive from us, contact us within 14 days of the shipping date at firstname.lastname@example.org and at our discretion we will offer a replacement, discount or refund.
- If you have a broken bottle or damaged delivery issue, contact us at email@example.com within 14 days of the shipping date. We will work with you to resolve the problem to your complete satisfaction, which may include a replacement, discount or refund.
- The items purchased from our location are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Provision of Services by Grape Intentions
- Grape Intentions is constantly innovating in order to provide the best possible experience for its users. The form and nature of the Services which Grape Intentions provides may change from time to time without prior notice to you.
- As part of this continuing innovation, Grape Intentions may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Grape Intentions' sole discretion, without prior notice. You may stop using the Services at any time via the website or by contacting Grape Intentions. You do not need to specifically inform Grape Intentions when you stop using the Services.
- If Grape Intentions disables access to your account, you may be prevented from accessing the Services, your account details or any other content that is contained in your account.
Eligibility; Use of the Service
- Subscription in Grape Intentions is available to members who are 21 years and older, residents of the United States and who have not been suspended or removed by Grape Intentions. The Services are for personal use and not for commercial purposes. Subscribers may not have more than one active account or sell or trade an account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. If Grape Intentions suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. Any registration information you give to Grape Intentions will always be accurate, correct and up to date.
- You may use the Services only for purposes that are permitted by the Terms and any applicable law or regulation.
- You may not:
- access (or attempt to access) any of the Services by any means other than through the interface that is provided by Grape Intentions.
- engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You are solely responsible for (and Grape Intentions has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Grape Intentions may suffer) of any breach.
Your Password and Account Security
- You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and you will be solely responsible to Grape Intentions for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you must notify Grape Intentions immediately at firstname.lastname@example.org.
Privacy and Personal Information
- You consent to the use of your data in accordance with Grape Intentions' privacy policies.
Content in the Services
- All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
- Content may be protected by intellectual property rights which are owned by third parties who provide that Content to Grape Intentions (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Grape Intentions or by the owners of that Content, in a separate agreement.
- Grape Intentions (or Grape Intentions' licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not, and wherever in the world those rights may exist).
- Nothing in the Terms gives you a right to use any of Grape Intentions' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Grape Intentions, then your use of these features are subject to that agreement and any applicable provisions of the Terms, as updated from time to time.
License from Grape Intentions
- Grape Intentions gives you a personal, royalty-free, non-transferrable, and non-exclusive license, without the right to sublicense, to use the Services as provided to you by Grape Intentions. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Grape Intentions, as permitted by the Terms.
Content License from You
- By submitting, posting or displaying any content on or through the Services, the Site, and/or any website or app related to Grape Intentions, including, for example, review websites and apps, and social media websites and apps (“User Content”), you give Grape Intentions a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute User Content. Grape Intentions reserves the right at any time to remove User Content.
- You confirm and warrant to Grape Intentions that you have all the rights, power and authority necessary to (i) submit, post or display any User Content, and (ii) grant the above license.
Terminating Relationship with Grape Intentions
- The Terms will continue to apply until terminated by either you or Grape Intentions as set out below.
- If you want to terminate your legal agreement with Grape Intentions, you may do so by (a) notifying Grape Intentions at any time and (b) closing your account for all of the Services, where Grape Intentions has made this option available to you.
- Grape Intentions may at any time, terminate its agreement with you for any reason, including if:
- You breach any provision of the Terms (or act in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Grape Intentions is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- A partner or Vendor with whom Grape Intentions offered the Services to you has terminated its relationship with Grape Intentions or ceased to offer the Services; or
- Grape Intentions is transitioning to no longer providing the Services to users in the jurisdiction in which you reside or from which you use the Service; or
- The provision of the Services to you by Grape Intentions is, in Grape Intentions' opinion, no longer commercially viable.
- Nothing in this Section shall affect Grape Intentions' rights under the Terms.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Grape Intentions have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and apply to such rights, obligations and liabilities indefinitely.
Exclusion of Warranties
- Nothing in these Terms, shall exclude or limit Grape Intentions' warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- Your use of the Services is at your sole risk and that the Services are provided "as is" and "as available."
- In particular, Grape Intentions, and affiliates, and its licensors do not represent or warrant to you that your use of the Services will meet your requirements, or that your use of the Services will be uninterrupted, timely, secure or free from error.
- Any products obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage that results from your use of the Services and products.
- Grape Intentions shall have no responsibility or liability to you for third party products made available through its website or Services and any claims or disputes by you regarding these products must be brought directly to and shall be the responsibility of, that third party vendor.
- Grape Intentions expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
- Grape Intentions, and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages incurred by you, however caused and under any theory of liability.
- Any loss or damage incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the Services; or
- Any changes which Grape Intentions may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); or
- Your failure to provide Grape Intentions with accurate account information; or
- Your failure to keep your password or account details secure and confidential; or
- Consumption by you of any of the products made by Grape Intentions or its Vendors or its partners.
- The limitations on Grape Intentions' liability to you shall apply whether or not Grape Intentions has been advised of or should have been aware of the possibility of any such losses.
Copyright and Trademark
- It is Grape Intentions' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
- Some of the Services are supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by Grape Intentions on the Services are subject to change without specific notice to you.
- In consideration for Grape Intentions granting you access to and use of the Services, you agree that Grape Intentions may place such advertising on the Services.
- The Services may include hyperlinks to other web sites or content or resources. Grape Intentions may have no control over any web sites or resources which are provided by companies or persons other than Grape Intentions.
- Grape Intentions is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Grape Intentions is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
- Grape Intentions may make changes to these Terms from time to time. When these changes are made, Grape Intentions will make a new copy of the Terms available on its website.
- If you use the Services after the date on which the Terms have changed, Grape Intentions will treat your use as acceptance of the updated Terms.
Title and ownership of wine passes from Grape Intentions to the subscriber when the wine leaves the warehouse. The subscriber assumes full responsibility for all legal requirements with regard to the purchase and shipment of same. Grape Intentions will engage a shipping service on behalf of the subscriber but bears no responsibility for any legal requirements regarding the purchase and shipment of alcohol to any state. By using this service from Grape Intentions, the subscriber is representing that they are acting in a fashion compliant with their local and state laws regarding the purchase, transportation and delivery of wine.
It is the subscriber’s responsibility to ensure someone 21 years or older with proper identification is available to receive and sign for wines when they are delivered.
In accordance with Federal law, the shipping service will not leave a package with adults who are visibly intoxicated.
We strongly encourage the use of a/your business address to minimize issues delivering wine. If a delivery is attempted several times and is unsuccessful, the package is returned to the warehouse. At that time the subscriber’s account is charged all shipping fees incurred for returning the package to Grape Intentions. We will notify you by email regarding this matter and see if there is an issue with the address on file (ex. you recently moved).
WHERE DO WE SHIP
We ship to the following states: Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Kansas, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
We do not ship outside the United States, to U.S. territories such as Puerto Rico, to Military and A.P.O. addresses or to P.O. Boxes.
Due to various state laws we are unable to ship to all states.
MERCHANDISE DAMAGED IN SHIPPING
It is unusual to receive damaged wine from Grape Intentions. In the unlikely event you incur an issue, contact us within 14 days of your shipping date. At our discretion we will offer a replacement, discount or refund.
Shipping and Returns
- Orders are shipped using ground service. Order processing time is contingent upon credit card authorization, and does not include weekends or holidays. If you are dissatisfied in any way with your purchase, please contact us within 14 days of your shipping date via email at email@example.com; so that the situation may be corrected. Following wine-trade traditions, all bottles seven years or older are purchased at the buyer's risk.
- You are responsible for having an adult available to accept the shipment. All common carriers (FedEx and UPS) require an adult signature to accept the wines no exceptions. Each carrier will make three attempts to deliver the wine and it is the responsibility of the Member to make alternate arrangements if necessary. Each carrier allows for a multitude of ways for you to get your wine, if you have any questions about your options, please contact us at firstname.lastname@example.org.
- All wine returned to Grape Intentions because of non deliverability will be credited back to you minus the actual cost of shipping and handling, or re-shipped. You are responsible for any re-shipping fees. We strongly recommend you send your wine to a business address where an adult who is 21 or older will be available to sign during business hours. We are sorry we cannot make exceptions to this policy.
Hot weather and wine don’t mix. When temperatures soar to levels in your shipping area that are beyond what we feel is good for the wine, we’ll wait a week or two before we ship it out. Of course we’ll let you know about this in advance. Otherwise, during warm weather months (June – September) we will send your wine with a cool-pack. We will add a $2 fee to your account for this cost.
TRACKING YOUR WINEYou will receive an email with a tracking number when your wine is en route. You can also log-in to your account for tracking information.
Use of the Site
- Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
- Obtain unauthorized access to any computer system.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Grape Intentions.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse the "Invite a Friend" benefit in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.
- Abuse special discounts, awards or incentives offered by Grape Intentions. Unless otherwise specified, only one offer is valid per person, maximum two per household.
Links to Third-Party Websites; No Implied Endorsements
- This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
General Legal Terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another. Your use of these other services, software or goods may be subject to separate terms between you and the provider. If so, the Terms do not affect your legal relationship with these other providers.
- The Terms constitute the whole legal agreement between you and Grape Intentions and govern your use of the Services, and completely replace any prior agreements between you and Grape Intentions in relation to the Services.
- Grape Intentions may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- If Grape Intentions does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Grape Intentions has the benefit of under any applicable law), this will not be taken to be a formal waiver of Grape Intentions' rights and that those rights or remedies will still be available to Grape Intentions.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- Any affiliate of Grape Intentions shall be third party beneficiaries to the Terms and that those affiliates are entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- The laws of the District of Columbia (Washington, DC), without regard to its conflict of laws provisions, will govern the Terms, and your relationship with Grape Intentions under the Terms. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between you and us shall be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures held in Washington, DC and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration is specific to you, and as such, you agree that you shall not bring or participate in any action against Grape Intentions as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, You and Grape Intentions agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Grape Intentions shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and shall not be required to provide any bond or other security in connection with any such decree.
Trademark and Copyright Infringement
- Notice and Take Down Procedures: If you believe that any materials on this Site infringe your trademark or copyright, you may request that they be removed. This request must bear a signature of the trademark owner or copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf.
- We deliver our subscribers outstanding wine at great value while supporting charities and do so by maintaining the highest degree of professionalism. As such, we reserve the right to cancel and/or terminate any member's account for any violation of the Terms. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Grape Intentions or any other website in regards to Grape Intentions, or while contacting any Member team is prohibited.
- Grape Intentions shall be excused from performance under this Terms of Service if Grape Intentions is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms and Conditions 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 Grape Intentions.