Last Updated October 22, 2018
Welcome to the Internet sites of Vida Wines, LLC (“Vida Wines”). Vida Wines includes vida-wines.com vida.wine, social media sites and accounts, and other Internet sites affiliated with Vida Wines, LLC, (each a “Vida Wines Site”). Each Vida Wines Site is operated by Vida Wines, LLC, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
PLEASE NOTE THAT YOUR USE OF THE VIDA WINES SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”). THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND VIDA WINES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS VIDA WINES SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VIDA WINES SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY VIDA WINES FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VIDA WINES SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
User Obligations
You agree not to do any of the following while using the Vida Wines Site: Intentionally or unintentionally violate any applicable law or regulation; Access, tamper with, or use non-public areas of the Vida Wines Site or Vida Wine’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution; Frame or link to the Vida Wines Site except as permitted in writing by Vida Wines.
The Sale of Alcoholic Beverages
Vida Wines does not sell alcohol to persons under the age of twenty-one (21). By using this site you swear and affirm that you are twenty-one years of age or older. Vida Wines makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of twenty-one. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Vida Wines twenty-one years of age or older. A valid government-issued ID may be required upon delivery. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of twenty-one Vida Wines will prosecute you fully to the extent allowable by law. You also agree that any alcohol purchased from Vida Wines is intended for personal consumption and not for resale.
Title and Ownership
Title to, and ownership of, all wine passes from Vida Wines to the purchaser in the state of California upon delivery to the carrier. If you require that your wine be shipped, you authorize Vida Wines to engage a common carrier to deliver the wine on your behalf. By arranging for transportation of the wine, Vida Wines is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Vida Wines, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. Please be aware of the shipping laws in your state regarding shipping and receiving wine. It is your sole responsibility to comply with local regulations regarding shipping. We make no claims as to your legal right to receive wine in your state.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Vida Wines Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vida Wines. Vida Wines neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Vida Wines Site by anyone other than authorized Vida Wines employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Vida Wines hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Vida WInes does not sponsor or endorse any of these companies or their services.
Links
The Vida Wines Site may contain links to other websites or resources. You acknowledge and agree that Vida Wines is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Vida Wines Site does not imply that Vida Wines endorses the linked site.
Protection of Content Provided by Vida Wines and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Vida Wines Site (“Site Content”) are copyrighted materials owned by or licensed to Vida Wines. The Site Content may contain trademarks, service marks and trade names which are owned by Vida Wines and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Vida Wines, its affiliates, or third parties. “Vida Wines” is a trademark of Vida Wines. Unless authorized in writing by an officer of Vida Wines, Vida Wine’s trademarks may not be used in connection with any product or service that is not Vida Wine’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vida Wines. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Vida Wines or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Vida Wines Site. Nothing contained in the Vida Wines Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Vida Wines, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Vida Wines, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Vida Wines respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vida Wines with Written Notice of Copyright Claims and include the following information: A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; Your address, telephone number, and email address; A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
Notices
Vida Wines will give you any necessary notices by posting them on the Vida Wines Site. You authorize Vida Wines to send notices via electronic mail as well if Vida Wines decides, in its sole discretion, to do so. You agree to check the Vida Wines Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Vida Wines Site.
United States Only
Unless otherwise specified, the Vida Wines Services are presented solely for the purpose of promoting products and services available in the United States; provided, however, that Vida Wines does not ship to the following states: Alabama, Alaska, Arkansas, Delaware, Hawaii, Kentucky, Mississippi, North Dakota, Oklahoma, South Dakota, Utah. Vida Wines makes no representation that the Vida Wines Services are appropriate or available for use in other locations. If you access Vida Wines Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Shipping Dates
Vida Wines reserves the right to modify the shipping dates for any order(s) in its sole and absolute discretion.
Vida Wine’s Quality Commitment
If you are dissatisfied with your Vida Wines purchase for any reason, please contact support@vida-wines.com so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Vida Wines. Orders returned to Vida Wines may be subject to a reasonable restocking fee. Vida Wines reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
Disclaimer of Warranties
ALTHOUGH VIDA WINES ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VIDA WINES SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VIDA WINES SITE. VIDA WINES DOES NOT WARRANT THAT YOUR USE OF THE VIDA WINES SITE, OR THE OPERATION OR FUNCTION OF THE VIDA WINES SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE VIDA WINES SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. VIDA WINES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VIDA WINES SITE. THE VIDA WINES SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL VIDA WINES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VIDA WINES SITE, THE USE OR PERFORMANCE OF THE VIDA WINES SITE, THE DELAY OR INABILITY TO USE THE VIDA WINES SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VIDA WINES SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VIDA WINES SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIDA WINES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VIDA WINES SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIDA WINES SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VIDA WINES’ LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the Vida Wines Site is governed by the Vida Wines Privacy Policy.
Termination of your Vida Wines Account
Vida Wines may terminate your Vida Wines Account with or without cause at any time effective immediately. Fraudulent behavior, creating multiple accounts, falsifying information, spamming, flaming, excessive use of profanity or abusive language, on Vida Wines Sites, or any other website in regards to Vida Wines or while contacting any of our Support team, will not be tolerated.
No Responsibility to Sell Mispriced Products or Services
While Vida Wines makes reasonable efforts to ensure all information on the website is accurate, mistakes may happen. Vida Wines shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Vida Wines shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Vida Wines shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
VIDA WINES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Force Majeure
Vida Wines shall be excused from performance under this Terms of Use if Vida Wines is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Vida Wines.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Vida Wines, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Vida Wines and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Vida Wines Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Vida Wines to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vida Wines in writing. The Terms of Service, along with the Vida Wines Privacy Policy, comprises the entire agreement between you and Vida Wines and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Vida Wines. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Vida Wines shall be null and void. These Terms of Service will inure to the benefit of Vida Wines’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Applicable Law
By using any Vida Wines Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vida Wines.
Agreement to Arbitrate
You and Vida Wines agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Vida Wines Terms of Use, your use of Vida Wines Sites, or to any products sold or distributed by Vida Wines or through Vida Wines Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Vida Wines may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Vida Wines subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Vida Wines customers, but is bound by rulings in prior arbitrations involving the same Vida Wines customer to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Vida Wines agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Vida Wines agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Vida Wines members.
If for any reason a claim proceeds in court rather than in arbitration both you and Vida Wines each waive any right to a jury trial. You and Vida Wines also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of any Vida Wines Sites or any products sold or distributed by Vida Wines or through Vida Wines Sites shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Vida Wines agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of any Vida Wines Sites or any products sold or distributed by Vida Wines or through Vida Wines Sites shall be instituted exclusively in the federal or state courts located in California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions about these Terms of Use, please contact us.