Last Updated: January 31, 2020
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS (THIS “AGREEMENT”). YOU MUST CLICK THE “I ACCEPT” BUTTON BELOW IN ORDER TO CREATE AN ACCOUNT TO BE ABLE TO USE THE SOFTWARE AND SERVICES PROVIDED BY LIFETIME VINTAGE, INC. BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THEM, PLEASE CLICK THE “CANCEL” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SOFTWARE AND SERVICES PROVIDED THROUGH THIS WEBSITE.
1. Binding Agreement. These terms and conditions (this "Agreement") is a legally binding agreement between you and Lifetime Vintage, Inc., a Delaware corporation, its affiliates, and its and their respective agents and representatives (individually and collectively, "Company," "we," "our" or "us"), and applies to your use of the URL, http://www.lifetimevintage.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the "Websites"), and all mobile applications owned by the Company (together with the Websites, collectively, the "Company Sites"). Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products from Licensed Retailers (collectively, the "Wine Services").
2. Sale of Alcohol Beverages. The Company’s role in the transactions contemplated by this Agreement is that of a service provider that enables you, the consumer, to purchase wine and related products from those retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the "Licensed Retailers") and to participate in the services and/or any other product offers offered on the Company Sites. You acknowledge that all orders of wine and related products you place through the use of the Company Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by the Company. For example, in California, the California Department of Alcoholic Beverage Control requires that all orders for wine must be placed with a licensed California wine retailer; the alcoholic beverage control regulators in other states have similar requirements. The Company has chosen one or more Licensed Retailers to fulfill and ship accepted orders for wine. For example, in the State of California, orders for wine may be fulfilled by City Vines, Inc. (which does business as Verve Wine). Any wine you purchase through the use of the Company Sites from the Licensed Retailers must be for personal consumption only and not for resale. The Company Sites and the Wine Services may only be used to order wine for delivery in the United States. Any order to purchase wine through the Company Sites and the Wine Services is void where prohibited by applicable law.
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects. For more information go to https://www.P65Warnings.ca.gov/alcohol.
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA) a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages in these containers. For more information go to https://www.P65Warnings.ca.gov/alcohol.
3. Eligibility.
a. Registering Wine Preferences. You must be at least twenty-one (21) years of age to use the Company Sites and Wine Services to register your preferences for wines that may be purchased by others, using the Company Sites and Wine Services, to be delivered to you as a gift. To verify that you are at least twenty-one (21) years of age, you will be required to enter your birth date prior to registering your preferences for wines using the Company Sites and Wine Services. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites or utilize the Wine Services. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. Your preferences for wines to be purchased by others as a gift to you, together with the dates and other information regarding the occasion(s) for which such gifts are given (e.g. wedding), will be accessible to other users of the Company Sites and Wine Services, and will not be private. Information regarding wines purchased by others as gifts to you using the Company Sites and Wine Services will be accessible to other uses of the Company Sites and Wine Services, and will not be private.
b. Ordering Wine. You must be at least twenty-one (21) years of age to purchase wine or other alcoholic beverages using the Wine Services. To verify that you are at least twenty-one (21) years of age, you will be required to enter your birth date prior to submitting an order using the Wine Services. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites or utilize the Wine Services. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. As required by the Communications Decency Act of 1996, the Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Sites to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse any of these companies or their services. We may refuse to register any person or service any order at any time, at our sole discretion.
4. Registration; Account. To register your preferences for wines using the Company Sites, you must obtain a personal account with the Company (an "Account"), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, phone number, email address, date of birth, and, to be able to place orders for wine, method of payment information) (collectively, the "PII"). You represent and warrant that all PII you provide in connection with registering your Account is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. You also agree to review and update your Account as and when necessary to maintain the most current PII. You may use your Account to track your order history, status of pending orders, and certain preferences.
5. Orders.
a. Sale by Licensed Retailers. ALL WINES DISPLAYED ON THE COMPANY SITES ARE SOLD BY LICENSED RETAILERS. As such, each order submitted through the Company Sites is subject to acceptance by one or more Licensed Retailers. The Company never takes legal title to any of the wine sold through the Wine Services, and thus, legal title to all wine sold through the Wine Services transfers directly from the applicable Licensed Retailer to you. Wines available for purchase through the Company Sites may vary by state. All orders to purchase wine through the Company Sites are subject to this Agreement are subject to the availability of the particular wine from one or more Licensed Retailers with whom the Company has commercial relationships. The Company does not guarantee the availability of any wines displayed on the Company Sites, and does not guarantee the delivery of any ordered wines by the desired delivery date that you provide. In the event that a particular wine is unavailable for purchase and delivery by the desired delivery date that you specify with your order, your order will not be fulfilled and your method of payment will not be charged for the wine. The Company and each Licensed Retailer have the right to refuse orders that do not comply with the laws in your state or for any other reason and your method of payment will not be processed for refused orders. The Company shall not be liable for any errors or omissions in product pricing, and in the event of any such error or omission, the Company and each Licensed Retailer reserve the right to cancel affected orders and refund any amounts previously charged to your method of payment as your sole remedy. The Company and each Licensed Retailer reserve the right to change product pricing at any time.
b. Sale by the Company. You may use the Company Sites to order products and services other than wine or other alcohol beverages that may only be sold by Licensed Retailers (“Non-Regulated Items”). Non-Regulated Items may be sold or provided by the Company or third parties. When you submit an order that includes Non-Regulated Items, you expressly agree and instruct us to (i) use your PII (including your method of payment) to process your payment for the Non-Regulated Items that are sold or provided by the Company, and (ii) forward your order, together with your PII (including your method of payment) to the third party(ies) who sell or provide Non-Regulated Items that are sold or provided by third parties.
c. Payment and Delivery Information. When you submit an order to purchase wine through the Wine Services, you will be required to provide your PII (including your method of payment) together with the shipping address and desired delivery date of the wines (for example, the wedding date of the recipient of your gift). You expressly agree and instruct us to forward your order, together with your PII (including your method of payment) and such shipping address and desired delivery date to one or more Licensed Retailers for consideration. You expressly authorize us to use all information that you provide to us to communicate with such Licensed Retailers on your behalf to facilitate the fulfillment and delivery of your order.
d. Purchase from Multiple Licensed Retailers. Any single order that you place through the Wine Services may include wines that are available for sale from multiple Licensed Retailers. Although one order may include wines from multiple Licensed Retailers, each Licensed Retailer must independently accept that portion of your order which pertains to the particular wine sold by such Licensed Retailer before a sale of that wine can occur. As such, when ordering from multiple Licensed Retailers in a single order using the Wine Services, some portions of your order may be accepted while other portions of your order may be rejected. Additionally, those Licensed Retailers may accept or reject your order for their respective wines at different times. BY PLACING AN ORDER, YOU ARE COMMITTING TO BUY EACH ITEM LISTED IN YOUR ORDER, REGARDLESS OF WHETHER ANY PORTIONS OF YOUR ORDER ARE REJECTED. Furthermore, wines ordered from separate Licensed Retailers may be delivered separately even though those wines may have been listed in a single order placed by you through the Wine Services.
e. Platform Fee. You may be charged a fee for using the Company Sites and Wine Services to place an order for wine. Any such fee is for use of the Company’s technology platform and access to the Content, and does not include any portion of the purchase price of wine, even if the amount of such fee is based upon or determined by reference to the purchase price of wine ordered using the Company Sites and Wine Services. The Licensed Retailer may charge you this fee, using the payment method that you have provided, in connection with your payment of the purchase price of wine. The Licensed Retailer in turn may, subject to compliance with applicable law, compensate the Company for giving you access to the Company’s technology platform, the Content, the Company Sites and the Wine Services. The Company may also receive compensation from Third Party Servicers (including Licensed Retailers) in connection with orders that you place using the Company Sites and Wine Services.
f. Cancellation. You may cancel unshipped orders within 30 days of submission by contacting us, using the contact information provided in Section 6 (Contact Information) below and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your order, it will generally be charged by the end of the business day on which a Licensed Retailer accepts your order.
6. Contact Information. If you have any requests (including order cancelations), questions or comments about your orders made in connection with the Wine Services, your Account, your PII, the Company Sites, or any other questions or comments relating to our products and services, please contact us at:
Email:
Mail:
Lifetime Vintage
Attn: Customer Service
42 Digby Street
San Francisco, CA 94131
When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.
7. Shipping. All orders are shipped by the applicable Licensed Retailers. Title to all wine and other products ordered through the Company Sites and risk of loss passes from the applicable Licensed Retailer to you upon the shipment of your order by the Licensed Retailer. The terms of shipment may vary from order to order. You will be notified at the point of order as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular individual order or to your shipments. The remittance of any and all federal, state, sales use and excise taxes will be paid by the applicable Licensed Retailer related to such orders. The Licensed Retailers do not ship to states, counties or cities where shipping wine is prohibited by law. Our Licensed Retailers currently ship to the following states: AL, CA, CT, FL, ID, LA, NE, NH, NM, NV, NY, OR, VA, WA, WV, WY, and to the District of Columbia (DC). Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.
8. Promotional Offers. By participating in the Wine Services, you may be eligible to receive various benefits provided from time to time by the Company or Licensed Retailers, including, without limitation, receiving discounts, vouchers and promotional offers with respect to wine, related products and club memberships, unless prohibited by law. You will be notified of these special offers through various channels of communication, including, without limitation, email and/or U.S. mail. Each such discount, voucher and promotion offered to you will apply only to those specific wines, related products and club memberships advertised, and will be governed by this Agreement, as amended from time to time, and the applicable terms of such promotions as communicated to you. You will be required to input the applicable reference code included in the advertisement of the promotional offer prior to purchase. A particular reference code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable. All offers are subject to availability and the Company reserves the right to change discounts, vouchers or offers at any time. Some states do not permit us to honor certain discounts, vouchers or offers, and the Company extends such discounts, vouchers and offers only if they are not prohibited by law. You will be notified at the time of order if you are located in any such state.
9. Privacy Policy. Your use of the Company Sites is subject to our Privacy Policy [https://www.lifetimevintage.com/privacy-policy], which we may amend from time to time, and you hereby agree to its terms.
10. Customer Conduct. You agree not to engage in any of the following activities: (i) interfere with or inhibit the use of the Company Sites by other users; (ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others); (iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information; (iv) create an account if you are under twenty-one (21) years of age; (v) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites; (vi) post any comment or product review on the Company Sites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vii) use the Company Sites in a manner that would violate this Agreement or any applicable laws. We may investigate any reported violation of these restrictions or other provisions in this Agreement. If we determine that you have violated these restrictions, or other provisions of this Agreement, we may take any action that we deem appropriate and you potentially may be subject to liability. Such action may include, without limitation, issuing warnings, immediately terminating your Account, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators and, in doing so, we may disclose any relevant information to such officials or regulators, including, without limitation, your PII, IP address(es) and your Company Sites usage history.
11. Intellectual Property.
a. Access to Company Sites. The Company grants you the limited right to access and make use of the Company Sites as a user. The Company Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Sites (the "Content") are owned by or licensed to the Company and/or Licensed Retailers. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of this Agreement shall be construed to convey any property right or license to the Content unless expressly provided.
b. DMCA. We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Company Sites, you must notify us and give us an opportunity to correct the problem before taking any other action by sending an email to the following address: team@lifetimevintage.com. The notification must include all of the following: (i) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (ii) a description of the copyrighted work or other right you claim has been infringed or violated; (iii) information reasonably sufficient to locate the material in question on the Company Site; (iv) your name, address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
12. Third Party Servicers; Release. You may have contact or other interaction with third parties (e.g. Licensed Retailers or shipping companies) in connection with your use of the Company Sites (the "Third Party Servicers") and you may be directed to third party websites from the Company Sites. You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Servicers ("Third Party Claims"). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS NOT ATTRIBUTABLE TO THE COMPANY’S NEGLIGENT OR INTENTIONAL ACTS.
13. Disclaimer; Notice of Violations.
a. "As Is." THE COMPANY SITES AND THE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITES IS SOLELY AT YOUR OWN RISK. THERE IS NO, AND NEVER HAS BEEN ANY, GUARANTEE THAT THE WINE SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. THE COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WINE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY. The Company may, from time to time, provide wine recommendations through the Wine Services. Such recommendations are based solely upon the opinions of our experts and Licensed Retailers. The Company and the Licensed Retailers make no representation that the wines recommended, and/or any of the wines sold through the Wine Services will satisfy your expectations or the expectations of any gift recipient. You are under no obligation to purchase any of the wines recommended through the Wine Services. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites.
b. Good Faith Compliance. The Company Sites may be accessed from many locations. You acknowledge and agree that consumer protection laws vary by location and that the Company has made a good faith attempt to comply with all such applicable laws. You agree that you will notify the Company if you believe that it is not in compliance with any laws and provide the Company with an opportunity to cure any alleged violations before invoking the Dispute Resolution mechanisms set forth in Section 20 (“Dispute Resolution”).
14. Termination. The Company reserves the right to terminate your Account at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in Section 6 ("Contact Information") above. You acknowledge and agree that any orders shipped before such termination are non-refundable. Sections 1 – 7 and 9 – 22 of this Agreement shall survive any such termination.
15. Modification. The Company reserves the right to modify or augment any of the terms and conditions of this Agreement, at any time, at our sole discretion. You should periodically review this Agreement, accessible from the Company Sites, for any modifications. All modifications will become effective upon their posting on the Company Sites, but no modification will affect purchases made prior to the modifications becoming effective. Your continued use of the Company Sites or your Account following any notification will be confirmation of your acceptance of such changes.
16. Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of this Agreement; (iv) your violation of the rights of any third parties (including Third Party Servicers); and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.
17. Limitation of Liability. In no event shall the Company’s liability, or the liability of our affiliates, officers, managers, agents, vendors, or suppliers, for any and all claims relating to the use of the Wine Services exceed the total amount of money that you paid us during the previous twelve (12) month period. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, TOGETHER WITH ITS AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS AND SUPPLIERS, SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, managers, agents, vendors, and merchants, shall be limited to the maximum extent permitted by law.
18. Governing Law. This Agreement and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of California pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.
19. Notice for California Users. Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
20. Dispute Resolution, including Arbitration and Class Action Waiver.
a. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at the address provided in Section 6 ("Contact Information") above, and we will send our notice to you using the PII that you have provided to us. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested.
b. IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION, SUBJECT TO SECTION 20(F) BELOW. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, this Agreement (including any dispute as to their breach, termination, enforcement, interpretation or validity), our Privacy Policy [https://www.lifetimevintage.com/privacy-policy] (including any dispute as to its breach, termination, enforcement, interpretation or validity), the Company Sites, any promotional offers or any product or service provided under or in connection with our relationship will be resolved exclusively by binding arbitration, subject only to Section 20(f) below. The arbitration shall be conducted before JAMS using a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures (or their replacement) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. The arbitrator shall be chosen by mutual agreement from a slate of ten (10) potential arbitrators proposed by either you or us and, if you and we are unable to agree, the arbitrator shall be chosen by the JAMS administrator. In the event of a conflict between the JAMS rules and this Agreement, this Agreement shall govern. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT, other than as provided in Section 20(f) below. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in this Agreement. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.
c. The arbitration will be conducted at the JAMS office in or nearest to San Francisco, California, unless you and we mutually agree to a different location or to a telephonic arbitration. We shall evenly share the costs of the arbitration proceeding, including the arbitrator’s fees and case management fees. We will not, however, pay any portion of your attorney’s fees. To start an arbitration, you or we must do the following three things:
i. Write a Demand for Arbitration. The demand must include a description of the dispute and the amount of damages or other relief sought. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
ii. Send two (2) copies of the Demand for Arbitration, plus the appropriate case management fee and reference to this Agreement to: JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 941111-415-982-5267
iii. Send one (1) copy of the Demand for Arbitration to the other party.
d. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
e. You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, retailers, licensors, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the JAMS Class Action Procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this Section 20 that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this Section 20, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
f. In lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The provisions of Section 20(e) above remain effective, even if you elect to file in a small claims court.
21. Waiver of Statutory Claims. By agreeing to this Agreement, you are giving up statutory claims or rights that you may have under your state’s laws, including claims for certain forms of relief or for attorneys’ fees. You agree that your waiver of any such laws does not violate your state’s laws.
22. Miscellaneous.
a. Severability. In the event that any provision of this Agreement (other than Section 20(e)) is declared void or unenforceable, such provision shall be deemed severed from this Agreement, and this Agreement shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
b. Entire Agreement. This Agreement, our Privacy Policy [https://www.lifetimevintage.com/privacy-policy] and the terms and conditions that may be posted on the Company Sites or of any promotional offers we make and you accept ("Company Sites Agreements") constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Sites Agreements.
c. Notices. Unless otherwise specified to the contrary herein, all notices due under this Agreement shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided in Section 6 (Contact Information) above.
d. Assignment. This Agreement is personal to you and your Account. You may not assign this Agreement without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. This Agreement will inure to the benefit of the Company’s successors, assigns and licensors.
e. Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will this Agreement be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
f. Force Majeure. The Company shall not be liable for performance of its obligations under this Agreement if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.
g. Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in this Agreement and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company using the information in Section 6 (Contact Information) above to request a hard copy of this Agreement.
Last Updated: January 31, 2020
This Privacy Policy is a legally binding agreement between you and Lifetime Vintage, Inc., a Delaware corporation, its affiliates, and its and their respective agents and representatives (individually and collectively, "Company," "we," "our" or "us"), and applies to your use of the URL, http://www.lifetimevintage.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the "Websites"), and all mobile applications owned by the Company (together with the Websites, collectively, the "Company Sites"). Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products from retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the “Licensed Retailers”) (such services, collectively, the "Wine Services"). Certain capitalized terms used in this Privacy Policy are defined in our Terms and Conditions, which is accessible at http://www.lifetimevintage.com.
This Privacy Policy notifies users of the Wine Services of:
If you feel that the Company is not abiding by this Privacy Policy, as it may be amended from time to time, please contact the Company by email at team@lifetimevintage.com or by mail at Lifetime Vintage, Inc., 42 Digby Street, San Francisco, CA 94131.
1. Information collection and use. The Company is the sole owner of the information collected through the Company Sites. We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this Privacy Policy. The Company collects information from users at several different areas on the Company Sites. This information may include your name, date of birth (to verify your age), address (both mailing and shipping address), telephone number, email address, IP address (we may also derive your approximate location from your IP address), payment method information including payment card data (including your credit card number, cardholder name, billing address, expiration date and security code), wine preferences, dates and information regarding the occasion(s) for which wine is being given as a gift, and information regarding wines purchased by others for you.
You may receive information regarding new features, services and special offers that we think you may find valuable. We may also share information with carefully selected business partners. These businesses may use the information we share to provide valuable opportunities and offers. If you'd like to opt out of future mailings from the Company, send us an email at team@lifetimevintage.com. When we present you with the opportunity to receive marketing opportunities from our business partners we will not automatically subscribe you for these promotions, rather we will provide you with the opportunity to opt-in to these third party marketing programs.
You may also access the personally identifiable information you have submitted to us by selecting Your Account and editing the information as it exists in our system currently. You are also able to access your information in order to update or delete it by sending us an email at team@lifetimevintage.com. We will respond to your request within a reasonable time frame.
We will retain your information for as long as your Account is active or as needed to provide you access to the Wine Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
2. Registration. You must create an Account prior to registering your preferences for wines using the Company Sites. To submit an order to purchase wine through the Wine Services, users are required to provide various items of personally identifiable information (i.e., name, phone number, email address, date of birth, and method of payment information) and select a password. This information is necessary in order for us to verify the eligibility of users to access the Wine Services and to contact users about the Wine Services and orders submitted using the Company Sites. We may share this information with Licensed Retailers to verify the eligibility of a user to purchase wine and for the Licensed Retailer to complete the sale of wine to the user. Your preferences for wines to be purchased by others as a gift to you, together with the dates and other information regarding the occasion(s) for which such gifts are given (e.g. wedding), will be accessible to other users of the Company Sites and Wine Services, and will not be private. Information regarding wines purchased by others as gifts to you using the Company Sites and Wine Services will be accessible to other uses of the Company Sites and Wine Services, and will not be private.
3. Referrals. If you choose to use our referral service to tell a friend about the Wine Services or the Company Sites, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Company Sites. Your friend may contact us at team@lifetimevintage.com to request that we remove this information from our database.
4. Ordering. Order forms request data from users including: contact information such as name and address; payment method such as credit card number, expiration date, billing address, and billing phone number. This information is used to verify that a customer is of legal age, to bill the customer for certain fees to use the Wine Services, and for Licensed Retailers to complete the sale of wine pursuant to orders and ship the wine as instructed in such orders. If we or a Licensed Retailer encounter difficulty when processing an order, this contact information is used to contact the user. Payment method information is stored in a secure area and encrypted for protection. Other than being shared with Licensed Retailers, it is not sold or shared with anyone else under any circumstances.
5. Gift Recipients. We collect contact information, such as name, shipping address and phone number, for gift recipients to ensure correct delivery of wine that is purchased as a gift. Other than sharing this information with Licensed Retailers (who in turn may share this information with shipping agents), we do not sell, share or rent any contact information for gift recipients with third parties. We do not sell or rent any personally identifiable information that you provide to us regarding gift recipients, but they may receive offers from us or Licensed Retailers highlighting new features, new products and services and special offers we or Licensed Retailers think they will find of interest. We may also send marketing offers to gift givers and gift recipients on behalf of ourselves and our business partners. In connection with such offers, we allow gift givers and gift recipients to opt out of receiving future marketing-related mailings from us. Gift recipients may contact us at team@lifetimevintage.com to request that we remove their email from our database.
6. Tracking Technologies. We and our partners use cookies or similar technologies to analyze trends, administer the Company Sites, track users’ movements around the Company Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis. We use cookies for our shopping cart, to remember users’ settings and certain preferences and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use the Company Sites, but your ability to use some features or areas of the Company Sites may be limited.
7. Behavioral Advertising. We may partner with one or more third parties to either display advertising on the Company Sites or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on the Company Sites and other sites in order to provide you advertising based upon your browsing activities and interests.
8. Log Files. As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
9. Sharing. We will not sell, share, or rent personally identifiable information about you to others in any way that varies from what is disclosed in this Privacy Policy.
We will share aggregated demographic information with our business partners and advertisers. This is not linked to any personally identifiable information that can identify any individual person.
We may also share your physical address with carefully selected business partners. These businesses may use the information we share to mail you valuable opportunities and offers. You can opt out of future postal mailings from our business partners by sending an email to team@lifetimevintage.com.
Licensed Retailers use outside shipping companies to ship orders, and both we and Licensed Retailers use credit card processing companies to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We value your privacy, and will never release any Account information to anyone outside of the necessary core groups that help our business function unless our customers give us the authority to do so.
10. Legal Disclosures. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial or bankruptcy proceeding, court order, or legal process served on us, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, and to any other third party with your prior consent to do so.
11. Links. The Company Sites contain links to other websites. Please be aware that the Company is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave the Company Sites and to read the privacy statements of each website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Company Sites.
12. Social Media Widgets. Certain of the Company Sites include social media features (e.g. the Facebook Like button or other widgets or interactive mini-programs that run on the Company Sites). These features may collect your IP address, which page you are visiting on a Company Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Company Sites. Your interactions with these features are governed by the privacy policy of the company providing it.
13. Single Sign On. Certain of the Company Sites may allow you to log in using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personally identifiable information with us such as your name and email address to pre-populate certain forms. Services like Facebook Connect give you the option to post information about your activities on certain of the Company Sites to your profile page to share with others within your network.
14. Emails. If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. We may use your contact information for purposes other than sending you promotional materials. For example, we may use your information to complete transactions requested by you, or to send you administrative communications about any Account you may have with us or about future changes to this Privacy Policy. You may also unsubscribe from promotional emails by emailing us at team@lifetimevintage.com.
15. Security. When our order form asks users to enter sensitive information (such as credit card number), that information is encrypted with encryption software that is generally accepted in the industry. On a secure page such as our order form, the lock icon on the browsers switches to locked, as opposed to unlocked mode, and back to open mode when you move to a non-secure page.
We also do everything in our power to protect user data offline. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information, and are required to lock their workstation computer when they leave their workstation.
All employees are kept up to date on our security and privacy practices. Periodically and whenever new policies are implemented, our employees are reminded about the importance of keeping customer data secure and safe at all times. The servers with personally identifiable information are stored in a locked and secure environment.
If you have any questions about the security at our website, you can send an email to team@lifetimevintage.com.
16. Additional Information Regarding California.
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of personal information about California residents that we have collected or disclosed within the preceding 12 months:
As described above, we collect this personal information from you and from other categories of sources, including publicly available databases and joint marketing partners, when they share the information with us. Also as described above, we may use this personal information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using personal information to develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.
We share personal information with our business partners, including Licensed Retailers and shipping companies.
If you are a California resident, you may request that we:
To make a request for the disclosures or deletion described above, please contact us at team@lifetimevintage.com. We will respond to your request consistent with applicable law.
You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
17. Sale of Our Company. In the event that another company acquires us or a significant portion of our assets is sold to another company, all customer data, including financial records and consumer information collected on the Company Sites, may be transferred to the new company. You will be notified via of any such change in ownership or control of your personally identifiable information.
18. Modification. The Company reserves the right to modify or augment any of the terms and conditions of this Privacy Policy, at any time, at our sole discretion. You should periodically review this Privacy Policy, accessible from the Company Sites, for any modifications. All modifications will become effective upon their posting on the Company Sites, but no modification will affect your privacy rights prior to the modifications becoming effective. Your continued use of the Company Sites or your Account following any notification will be confirmation of your acceptance of such changes.
PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company at team@lifetimevintage.com to request a hard copy of this Privacy Policy.