These Terms and Conditions of Use (these “Terms”) govern your access to and use of the Connoisseur Encounters Company, Inc., an Illinois corporation, d/b/a The Wine Cellar Group (“The Wine Cellar Group”) website (the “Website”) and your use of products provided by and/or purchased from The Wine Cellar Group (the “Products”).
By accessing and/or using the Website and/or purchasing and/or using Products, you are agreeing to be bound by these Terms, all applicable governmental statutes, laws, rules, regulations, and ordinances, and agree that you are responsible for compliance with respect to the same. If you are accessing and/or using the Website and/or purchasing and/or using Products on behalf of an organization, you are agreeing to these Terms for that organization and warranting and representing that you have the authority to bind that organization to these Terms. In that case, “you” and “your,” as used in these Terms, will refer to that organization.
As used in these Terms, a “Device” means any computer or electronic tool used to access the Website or purchase Products, including, without limitation, a desktop, laptop, mobile phone, tablet, or other electronic device, and “Information” means all of the different forms of data, content, files, folders, and information described below.
THE PRODUCTS ARE INTENDED SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE WEBSITE OR USE OF THE PRODCUTS BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.
The Website and the Products are provided “as is.” The purchase and/or use of the Products or services provided by The Wine Cellar Group are at your own risk and The Wine Cellar Group makes no warranties or representations, expressed or implied, of any kind. The Wine Cellar Group disclaims and negates all any other warranties and representations, including, without limitation, implied warranties, representations, or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights. No oral or written information or advice provided by The Wine Cellar Group or its authorized agent or representative will be deemed to create a warranty or representation. The Wine Cellar Group makes no warranty or representation as to your legal right to pick-up or have alcohol beverages transported to you or your intended recipient.
The Wine Cellar Group attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, we label items with possible allergen-containing ingredients; however, there is always a risk of contamination. There is also a possibility that ingredients we use could change at any time, without notice. Customers concerned with food allergies need to be aware of this risk and by using the Products agree to be personally responsible for same. The Wine Cellar Group expressly disclaims any liability for all allergic and any other adverse reactions from the Products consumed or items one may come in contact with the Products.
The Wine Cellar Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Website, the SMS Program (defined below), or the Products. The Wine Cellar Group disclaims any liability, loss or corruption of data, or other harm that results to you, your Device or computer system, or your personal property from your access to or use of the Website or the SMS Program.
To the greatest extent permitted by law, in no event will The Wine Cellar Group, its affiliates, shareholders, directors, officers, employees, agents, suppliers, or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary, or consequential (including, but not limited to, loss of use, data, business, or profits) damages, regardless of legal theory, whether or not The Wine Cellar Group has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; and (b) claims relating to the Website, the SMS Program, and Products greater than, in the aggregate, the lower of (1) the amounts paid by you to The Wine Cellar Group for the Products or services provided by The Wine Cellar Group which give rise to the claims for damages, and (2) the lowest amount permitted by law.
By entering into these Terms and using any of the Products, you agree that you shall defend, indemnify (pursuant to counsel satisfactory to The Wine Cellar Group in its discretion) and hold The Wine Cellar Group, its affiliates, shareholders, directors, officers, employees, agents, suppliers, or licensors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including, but not limited to, attorneys’ fees and costs) arising out of or in connection with: (a) your breach of these Terms, (b) your violation of any rights of any third party, (c) your use or misuse of the Products, or (d) your negligence or willful misconduct. The foregoing provision shall not be deemed to authorize the use of the Website, the SMS Program, or Products except as expressly intended and permitted by The Wine Cellar Group. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You are responsible for safeguarding the password that you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify The Wine Cellar Group of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to The Wine Cellar Group, it is your responsibility to use a secure encrypted connection to communicate with the Products.
You retain full ownership to your Information. The Wine Cellar Group claims no ownership of any of your Information, regardless of its use as part of the Products. These Terms do not grant The Wine Cellar Group any rights to your Information or intellectual property except for the limited rights that are needed to run the Website and you give The Wine Cellar Group the permission needed to run the Website, and other similar uses. Such permission extends to trusted third parties The Wine Cellar Group works with to operate the website and sell the Products. The Wine Cellar Group may disclose your Information to third parties when The Wine Cellar Group has a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation, or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of The Wine Cellar Group or its users; or (d) to protect The Wine Cellar Group’s property rights. If you are a registered user and would like to review, update, correct or delete your Information, please contact The Wine Cellar Group by telephone (847.604.8745) or email (firstname.lastname@example.org). You may cancel your account or request that The Wine Cellar Group no longer use your Information, however, The Wine Cellar Group may retain and use your Information as necessary to comply with The Wine Cellar Group’s legal obligations, resolve disputes, and enforce The Wine Cellar Group’s agreements. Consistent with and subject to these requirements, The Wine Cellar Group will try to delete your Information quickly upon request. Please note, however, that there might be latency in deleting information from The Wine Cellar Group’s servers and backed-up versions might exist after deletion. In addition, The Wine Cellar Group does not delete from its servers your Information to the extent that it is included as a part of files that you have in common with other users.
You are solely responsible for your conduct and the content of your Information. By way of example, and not limitation, it is your responsibility to ensure that you have the rights and/or permission needed to comply with these Terms. You, and not The Wine Cellar Group, are responsible for maintaining and protecting all of your Information. The Wine Cellar Group will not be liable for any loss or corruption of your Information, or for any costs or expenses associated with backing up or restoring any of your Information.
These Terms do not grant you any right, title, or interest in the Website (including, but not limited to, the content thereon) or Products. The Website and the Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use The Wine Cellar Group trademarks, logos, intellectual property, domain names, or other brand features. The contents of the Website are intended solely for your personal, noncommercial use. No right, title or interest in any of the Contents is granted or transferred to you as a result of any such use. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the such contents or the Website. Unauthorized use of such contents is expressly prohibited by law and may result in severe civil and criminal penalties.
While The Wine Cellar Group appreciates user feedback, please be aware that The Wine Cellar Group may use any feedback, comments, or suggestions sent to it (collectively, “Comments”) without any obligation to you and you authorize such use. The Comments are not confidential and will become and remain the exclusive property of The Wine Cellar Group. The disclosure, submission, or offer of any Comments will constitute an assignment to The Wine Cellar Group of all worldwide rights, titles, and interests and goodwill in the Comments without payment of any compensation to you. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
Availability of Products on the Website is not guaranteed as it may be low or out of stock. If any Products are not available by the time your order processes, we will notify you via email. You can always verify availability by calling The Wine Cellar Group at 847.604.8745. You will receive a shipping confirmation email once your items have shipped. The Wine Cellar Group Products displayed on the Website may be available in selected stores in the United States. The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.
The information on the Website and the Products could include technical, typographical, or photographic errors. Without limitation of any other term or provision of these Terms, including, but not limited to, those set forth in Section 1, The Wine Cellar Group does not warrant or represent that any of such information is accurate, complete, or current. The Wine Cellar Group may, but is not obligated to, revise such information at any time without prior or subsequent notice.
The Wine Cellar Group has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by The Wine Cellar Group of the linked site or its material. Use of any such linked website is at the user’s own risk and liability.
The Wine Cellar Group may revise these Terms at any time without notice. By continually using the Website, the SMS Program, and the Products you are agreeing to be bound by the then current version of these Terms. If at any time you disagree with these Terms, you agree to immediately refrain from access to and cease use of the Website, the Products, and these Terms.
To use the Website, purchase the Products, or to receive The Wine Cellar Group text messages, you must be 21 years of age or older. The Wine Cellar Group does not knowingly collect personally identifiable information from anyone under 21 years of age. The Website and the Products are all directed to people who are at least 21 years of age or older. If a parent or guardian becomes aware that his or her child has provided The Wine Cellar Group with personal Information without their consent, he or she should contact The Wine Cellar Group. If The Wine Cellar Group becomes aware that anyone under 21 years of age has provided it with personal Information, The Wine Cellar Group will take steps to delete such Information from its files. The Wine Cellar Group reserves the right to require you to prove that you are at least 21 years of age.
Our Customer Service Specialists are ready to assist you and address your concerns: email email@example.com or call 1.847.604.8745, Monday-Friday 8:30am – 5:00pm. If you have any questions or concerns regarding how The Wine Cellar Group manages, accesses, or uses your personal information other than as set forth in these Terms, please write us at 1341 Barclay Boulevard, Buffalo Grove, Illinois 60089 or call 1.847.604.8745.
In the event that our customer service team is unable to resolve your concern, by using the Website or the SMS Program you unconditionally agree that all claims relating to your access or use of the Website or the SMS Program, including, but not limited to, all disputes arising out of, or related to, any Products or services purchased from The Wine Cellar Group through the Website, will be resolved entirely through binding individual arbitration, rather than in a court of law. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court of law, including, but not limited to, injunctive and declaratory relief or statutory damages, and must follow these Terms as a court of law would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Siegel & Moses, PC, 8700 West, Bryn Mawr Avenue, 720N, Chicago, Illinois 60631. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. We will reimburse those fees for claims totaling the lesser of $500 or the lowest amount permitted by law. Likewise, The Wine Cellar Group will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE WINE CELLAR GROUP WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms and any transaction (including, but not limited to, purchases made on the Website) using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Illinois, United States, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website or the SMS Program, including, but not limited to, all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois.
These Terms and the use of the Website, SMS Program, and the Products are governed by Illinois law, including, but not limited to, its conflicts of laws principles. All claims arising out of or relating to these Terms and/or the Products must be litigated exclusively in the Northern District of Illinois or Cook County, Illinois, and both parties consent to venue and personal jurisdiction of such courts. These Terms constitute the entire and exclusive agreement between you and The Wine Cellar Group with respect to the Website, the SMS Program, and the Products, and supersede and replace any other agreements, terms and conditions applicable to the same. These Terms create no third-party beneficiary rights. The Wine Cellar Group’s failure to enforce any provisions of these Terms is not a waiver of its right to do so at a future time. If any term or provision of these Terms shall, to any extent, be found invalid or unenforceable, the remainder of these Terms shall not be affected thereby and each term and provision of these Terms shall be valid and enforced to the full extent permitted by law. You may not assign any of your rights in these Terms, and any such attempt is void, but The Wine Cellar Group may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products. The Wine Cellar Group and you are not partners or agents of the other; instead, such relationship is that of independent contractor and client.