Terms of Service
Last updated: February 20, 2021
Please read these Terms of Service carefully before using the Website and the Services.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Virginia, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Unfiltered Vines LLC, 901 15th St S, Arlington, VA 22202.
Content includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website and/or the Services. You acknowledge that all Content accessed by You using the Services and/or the Website is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. We do not guarantee that any Content You access on or through the Website and/or the Services is or will continue to be accurate.
Device means any device that can access the Website and/or the Service such as a computer, a cellphone or a digital tablet.
Feedback means comments testimonials, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website and/or the Service, and includes any images, video or photography that You share with Us via email, text message (including to Company staff and/or employees) or on Company’s social media channels or pages.
Orders mean a request by You to purchase the Service from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website for the Service.
Service refers to the complete wine experience services of Company offered on the Website, including the portions provided by third-party business partners and service providers.
Terms of Service mean these terms and conditions that form the entire agreement between You and the Company regarding the use of the Website and the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Unfiltered Vines, accessible from http://www.unfilteredvines.com
You means the individual accessing or using the Website and/or the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service and/or the Website, as applicable.
YOUR ACCESS TO AND USE OF THE SERVICE AND THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF SERVICE. THESE TERMS OF SERVICE APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF SERVICE THEN YOU MAY NOT ACCESS THE SERVICE, THE WEBSITE, OR ANY CONTENT, INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE. YOUR USE OF THE WEBSITE AND/OR THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
By using the Website and/or the Service, You represent and warrant that You are over the age of twenty-one (21). The Company does not permit those under the age of twenty-one (21) to use the Service or the Website. By placing an Order for the Service and using the Website, You warrant that You are legally capable of entering into binding contracts.
By using the Website, You represent that: (a) all required information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to You, and the right to access the Services and/or the Website is revoked where these Terms of Service or use of the Services and/or the Website is prohibited or to the extent offering, sale or provision of the Services and/or the Website conflicts with any applicable law, rule or regulation.
As a condition of use, You promise not to use the Website and/or the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of Your activities in connection with the Website and/or the Services. You agree not to do any of the following while using the Website: (i) intentionally or unintentionally violate any applicable law or regulation; (ii) access, tamper with, or use nonpublic areas of the Website or Our computer systems. (Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution); (iii) access the Website with any manual or automated process for any purpose other than to Order the Service as expressly allowed by these Terms of Service; and (iv) use any automated system or software to extract data from the Website or the Services (i.e., data scraping, which is prohibited), regardless of whether such use is for commercial or noncommercial purposes.
We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Us, Our users and the public.
Use of Likeness
By participating in the Service You acknowledge and agree to grant Company the right to record Your voice and likeness during the Service in any media now available or hereafter developed for Our internal Company purposes, including sharing it with Our employees and business partners for quality control and upgrades to Our Service.
By Ordering the Service You agree not to sell, trade, transfer, or share Your access link and/or code, unless such transfer is permitted by Us in writing prior to You doing so. You also agree not to record or broadcast audio or video of the Services. If We determine that You have violated these terms, We may cancel Your access, retain any payments made by You and ban You from future Services.
You acknowledge and agree that Company reserves the right to remove You from the Service if Company, in its sole discretion, determines that Your participation or behavior creates a disruption or hinders the Service or the enjoyment of the Service by other attendees. In the case of such removal, no refund of any part of the Service will be made to You.
In addition to the requirements and prohibitions set forth in this section, We may also exclude any prospective participant from Ordering or participating in a Service, in Our sole discretion.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Your payment is subject to validation checks and authorization by Your Payment Method. If such payment is insufficient or declined for any reason Company may refuse to allow You to access the Service and shall have no liability in that regard. The Company is also not liable for any delay or non-delivery of components of the Service to You.
We reserve the right to cancel Your Order for the Service at any time for certain reasons including but not limited to Services availability. In the event of such cancellation, We will use Our best efforts to Order You a replacement Service at a mutually agreeable date and time. Should You wish to proceed with the cancellation of Your Order due to Our cancellation of Service, Your payment will be returned to You via the payment method used for the original Order.
We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. If Your Order is cancelled due to suspected fraud, Your payment will be returned to You via the payment method used for the original Order. If You believe Your Order was cancelled in error, please contact Us at (800) 408-2915 or at firstname.lastname@example.org with Your Order information.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Services on the Website. The Services available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Content and Services on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information on the Website and the Services, including prices, product images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Rescheduling, Replacement & Refunds
We understand that things happen. You may request to reschedule Your entire Service (both part one and part two) one (1) time. To reschedule Your Service, You must contact the Company within twenty-four (24) hours of part one of Your Service by emailing Us at email@example.com. Requests that are received less than twenty-four (24) hours prior to Your scheduled part one of Your Service may be granted at Our discretion. If We do not grant Your request to reschedule, You will not be refunded. All decisions by the Company are final, and by placing an Order for the Service, You agree to abide by this section of these Terms of Service.
If any item(s) You receive as part of the Service is damaged in transit to You, please contact Us immediately at theteam@Unfilteredvines.com or at (800) 408-2915, and We will replace the item(s) or provide You with a comparable item as soon as possible at no additional cost to You.
Your enjoyment of the Service is of the utmost importance to Us. If You are dissatisfied with the Service for any reason, please contact Us immediately at firstname.lastname@example.org . All sales are final. No payments will be refunded or are refundable except in the event of Our Cancellation, as noted in these Terms of Service. Please note that if You do not reschedule as per Our rescheduling policy above, and/or do not access the Service on Your scheduled day and time, You are still responsible for payment.
Any Promotions made available through the Website may be governed by rules that are separate from these Terms of Service.
The Website and the Services are protected by copyright, trademark, and other laws of both the Country and foreign countries.
The Service, Website and their original Content features and functionality are and will remain the exclusive property of the Company and its licensors.
The Services and/or the Website may contain Content specifically provided by Us or Our partners and such Content is also protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, We grant You a personal, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Website and/or the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services and/or the Website is expressly prohibited without prior written permission from Us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
We do not guarantee that any Content will be made available on the Application or through the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in Our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that You may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company, including Your first name and likeness and You agree to waive all rights to publicity that may otherwise apply. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback, including in Company’s advertisements and marketing without payment or any other consideration to You and without the need for any additional approvals from You, without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
All provisions of these Terms which by their nature should survive termination shall survive termination of your use of the Website and/ or the Services, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms of Service and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or $100 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company, its business partners or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms of Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service and the Website are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective licensors and business partners and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service and the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service and/or the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's service providers, business partners or its suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the Website, or the information, content, and materials or products included therein; (ii) that the Service and/or the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service and/or the Website; or (iv) that the Service, the Website, Website servers, the content of the Service, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You shall defend, indemnify, and hold harmless Company, its business partners and each of Our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services and/or Website in violation of these Terms of Service, or infringement by You, or any third party using Your identity in the Services or on the Website, of any intellectual property or other rights of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.
These Terms of Service, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the Commonwealth of Virginia, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts within Arlington, Virginia, shall govern these Terms of Service and Your use of the Service and the Website. Your use of the Service and the Website may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service or the Website, You agree to first try to resolve the dispute informally by contacting the Company at email@example.com or (800) 408-2915.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EACH PARTY RETAINS THE RIGHT TO PURSUE IN SMALL CLAIMS COURT IN THE COMMONWEALTH OF VIRGINIA, ARLINGTON COUNTY (“SMALL CLAIMS COURT”), ANY DISPUTE RELATED TO THESE TERMS OF SERVICE WITHIN THAT COURT’S JURISDICTION. IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS OF SERVICE, THE WEBSITE OR ANY SERVICES PERFORMED HEREUNDER (I) CANNOT BE AMICABLY RESOLVED BY YOU AND THE COMPANY, AND (II) EXCEEDS THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT (EXCLUDING ATTORNEYS’ FEES AND COSTS), SUCH DISPUTE SHALL BE SOLELY AND FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY AN ARBITRATOR(S) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. FOR CLAIMS IN AN AMOUNT LESS FIFTY THOUSAND DOLLARS (US $50,000), THE YOU AGREE TO A SINGLE ARBITRATOR. FOR CLAIMS EXCEEDING FIFTY THOUSAND AND ONE DOLLARS (US $50,001), THE ARBITRATION SHALL BE CONDUCTED BEFORE A PANEL OF THREE (3) ARBITRATORS. THE ARBITRATOR(S) SHALL BE SELECTED BY APPLICATION OF THE RULES OF THE AAA, OR BY MUTUAL AGREEMENT OF THE PARTIES, EXCEPT THAT SUCH ARBITRATOR(S) SHALL BE AN ATTORNEY(S) ADMITTED TO PRACTICE IN THE COMMONWEALTH OF VIRGINIA. NO PARTY TO THIS AGREEMENT WILL CHALLENGE THE JURISDICTION OR VENUE PROVISIONS AS PROVIDED IN THESE TERMS OF SERVICE. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR(S) WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE AN ARBITRATOR(S) SITTING IN ARLINGTON, VIRGINIA OR ALTERNATIVELY VIA A VIRTUAL METHOD IN ACCORDANCE WITH AAA’S GUIDELINES. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATOR(S) WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE DECISION OF THE ARBITRATOR(S) SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON YOU AND US. BOTH YOU AND THE COMPANY SHALL BEAR ITS OWN COSTS RELATING TO THE ARBITRATION PROCEEDINGS IRRESPECTIVE OF ITS OUTCOME, BUT WILL EQUALLY SHARE THE COST OF ANY ARBITRATOR(S) AND THE ARBITRATION PROCEEDING. THESE TERMS OF SERVICE PROVIDE THE SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS OF SERVICE, EXCEPT THAT COMPANY MAY SEEK A PRELIMINARY INJUNCTION OR OTHER INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IF IN ITS REASONABLE JUDGMENT SUCH ACTION IS NECESSARY TO AVOID IRREPARABLE HARM.
Neither You nor We will participate in a class action or class-wide arbitration for any claims covered by these terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if We are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website and/or the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding languages in this Arbitration section will be null and void. This arbitration agreement will survive the termination of Your relationship with Us.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
These Terms of Service may have been translated if We have made them available to You on Our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
We reserve the right, in Our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Website and/or the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Application or by sending You a notice through the Website, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict Your access to parts or all of the Website and/or Services without notice or liability. While We will timely provide notice of modifications, it is also Your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website and/or the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
The date these Terms of Service were last updated is set forth at the top of this page.
Entire Agreement and Severability
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The failure of either You or Us to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If Company is prevented from carrying out its obligations as it pertains to the Service You registered for as a result of any cause beyond its control, or such Service cannot be virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labor disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) Company shall have the right to immediately terminate the affected Service without liability and shall be relieved of its obligations to You. To the extent possible, Company will contact You to reschedule the affected Service to a later date and time.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not effect Your or Our ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
If You have any questions about these Terms of Service, You can contact Us:
By email: firstname.lastname@example.org