At CultWine we are committed to maintaining your privacy and security. We will not share your information or email address with any other party, unless required under a court order or to comply with legal or other regulatory laws. This privacy policy discloses our practices regarding information collection and usage solely for the website located at CultWine.com, and the CultWine mobile app that can be downloaded from app stores. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Terms and Conditions.
This privacy policy explains how we protect your information gathered via (1) the web pages of CultWine.com’s website (the “Website”), (2) downloadable applications accessed from mobile devices with respect to which this privacy policy is posted or linked (“Mobile App or Mobile Apps”) or (3) any other mode of interacting with you relating to CultWine communications, such as emails that reference this privacy policy (“Communications”). By using the Website, Mobile Apps, or continuing to receive Communications, you agree to the use of such information in accordance with this privacy policy.
COLLECTION OF INFORMATION Our Website's registration requires you to give us contact information, including your name, mailing address, your email address, and a valid payment method. We also collect your IP address to ensure legitimate usage of our Website. We use this information to provide the services requested by you, including the purchasing of products and/or services.
When using our Mobile App, in addition to contact information, we may also collect information relating to your device, including your device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, location, and the way you are using the Mobile App. The information collected will depend on the functionality of the specific Mobile App you are using. If any other information is collected relating to your use of a Mobile App, such information will be specified in the Mobile App.
We collect certain types of information that may be considered and specifically named “personal data” in certain jurisdictions, included in the European Union (“EU”) such as:
Identity Data, which includes name and username.
Contact Data, which includes address, email address and telephone numbers.
Financial Data, which includes partial credit card data and expiration date. We do NOT maintain or store credit card information on our Website.
Transaction Data, which includes details about the payments to and from you.
Technical Data, which includes internet protocol (IP) address, your login data, and device and browser information.
Profile Data, which includes your username and password.
Marketing and Communications Data, which includes your preferences in receiving marketing material from us.
EMAIL PREFERENCES If you choose to receive emails from us, we will use this data to send you information about our auctions, special offers and other CultWine news. We also use this information to bill you if you participate in our auctions and acquire wines.
COOKIES & DATA Our Website and Mobile App use cookies, technology that installs a small amount of text information on a user’s device (to permit a website to recognize future visits using that device.) We use cookies to record your acceptance of our Website’s use of cookies, to preserve your authentication status, to deliver content specific to your interests, and to gather anonymous usage data for analysis. Also, we offer PayPal as a payment method that may use cookies to complete registration. See PayPal’s privacy information at paypal.com.
The Website and Mobile App collects standard Internet log information including your IP address, browser type, access times and referring website addresses. To ensure that the Website, Mobile App and Communications are well managed and to facilitate improved navigation, we may also use cookies to collect aggregated data.
If you want to restrict placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available online on various sites (i.e., www.allaboutcookies.org, etc.). By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website and some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personal identifiable information from your device without your knowledge.
ANALYTICS We use Google Analytics to track anonymous usage data and to perform analysis on the information collected to help us improve the website. Google Analytics uses cookies to collect information in an anonymous form, including the number of visitors to the website, the User IDs of the visitors, where visitors have come to the site from, and the pages they visit and actions they take while using the site. For further information please visit the Google Analytics privacy information page. Users may opt out of Google’s anonymous usage tracking by visiting the Google Analytics opt-out page.
Third party vendors, including Facebook and Google, show CultWine ads on sites on the internet and use cookies, web beacons, and other storage technologies to serve ads based on a user’s prior visits to the CultWine website. Users may opt out of the use of Google tracking cookies by visiting the Google advertising opt-out page. For more information on opting out of other forms of interest-based advertising, visit the Network Advertising Initiative opt out page. Facebook users should review the privacy information page at https://www.facebook.com/policy.php
The information we collect is for statistical, communication and customer service purposes only. We may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our Website, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For Website security purposes and to ensure that this service remains available to all users, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
For information used in our analytics, we anonymize the information about you (so that it can no longer be associated with you) for statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
LINKS TO OTHER WEBSITES This Website sometimes contains links to other sites. CultWine is not responsible for the privacy practices or the content of such sites and expressly disclaims all responsibility and liability for them.
THIRD PARTY REQUESTS FOR INFORMATION We will not provide any information concerning our users to unaffiliated third parties, unless we are required to provide access to personal information to comply with valid legal processes, such as search warrants, subpoenas, or court orders; or to process and protect our rights and property. We may also make user information available or trace IP addresses in special circumstances, such as where physical safety may be at risk.
SECURITY This Website has security measures in place to protect the loss, misuse and alteration of the information under our control. These measures include firewall protection, password encryption, and restricted server access. However, none of these measures is absolutely safe or unconditionally guaranteed and these measures may not prevent the loss, misuse or alteration of information. Therefore, we urge all users to exercise caution while using our Website.
All confidential information entered on this Website is secured from access by unauthorized parties through multiple levels of password protection, encryption and other internal processes designed to prevent unauthorized parties from coming into contact with our users' personal information. We support the industry standard SSL mechanism for securing sensitive data traffic. Data is backed up on a regular basis.
While we strive to protect our users' information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations, including but not limited to: (1) the limitation of security, privacy and authentication measures and features in this system; and (2) that data or information on the Website or server may be subject to hacking, password theft, electronic fraud and contamination by viruses.
OUR POLICY REGARDING MINORS None of our products or services is intended for use by anyone under the age of 21 years. Users of our Website are required to verify that they are 21 or older when they register. Therefore, we do not knowingly collect or distribute any information, on anyone under 21.
Our Communications, the Website and Mobile Apps are not designed for or intentionally targeted at children under the age of 13 or anyone under the age of 21. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. If we are made aware that we have received such information in violation of our policy, we will use reasonable efforts to remove that information from our records.
OPT-IN AND OPT-OUT - EMAIL PREFERENCES CultWine is an Opt-in Website. This means that it is up to you to choose whether you want to receive promotional emails from us, including weekly auction emails and emails alerting you to special offers that may be of interest to you. You choose which categories of emails you’d like to receive from us when you register. You may change your email preferences at any time by going to your Account and updating your account. You may also have us change your email preferences by contacting our Customer Service department.
CultWine will never intentionally send Unsolicited Commercial Email (UCE) or SPAM. If you suspect a problem or have any questions about this policy, please contact us.
Use of your personal data for marketing purposes.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing. We do not share your information with outside parties. We do use your information to do the following:
Promotional offers from us: We may use your personal data to form a view on what we think may be of interest to you. You will receive marketing communication from us if you have requested information from us, and if you have not opted out of receiving that marketing.
To Opt-out of any future promotional messages from us, you can update your preferences by going to your Account and Update Email Notifications. Please note that if you opt-out in this manner, certain aspects of the Website may no longer to available to you.
HOW LONG WE RETAIN YOUR DATA We retain your information for as long as necessary to fulfill the purposes we collected it for. Notwithstanding the duration of the purpose, we may retain your information if necessary to comply with our legal or professional obligations, enforce our agreements, or resolve disputes.
If you email us to schedule a shipment, inquire about your order or other inventory issues, we may retain this email indefinitely. This is so we can recognize and approve any follow-up emails to resolve the issue.
RIGHTS TO YOUR DATA If you choose to register for a Communication or with the Website or a Mobile App, you may access your user profile, correct and update your details, or unsubscribe at any time. If you have any problem accessing your profile or would like to request a copy of your profile, please contact us.
Under applicable law, you may have the right to:
access or obtain a copy of the personal information that we have collected about you, or to review, modify, delete personal information,
This enables you to check your information and to request corrections or fix incomplete data, though we may need to verify the accuracy of the new data you provide to us.
You may also request to have certain personal information deleted. Note, however that we may not always be able to comply with your request to delete information for specific legal or accounting reasons. We will notify you of exceptions when you make your request To request deletion of your data, see contact information below.
We will need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We try to respond to all legitimate requests within 30 days. Depending on your request, it may take us longer if your request is complex or if you have made a number of requests. To exercise your rights, please contact us.
Special notices to California residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.
CHANGES TO OUR PRIVACY POLICY We may modify or amend this privacy policy from time to time at our discretion. When we make changes to this privacy policy, we will amend the revision date at the bottom of this page and such modified or amended privacy policy shall be effective to you and your information as of that revision date. We encourage you to periodically review this privacy policy to view any updates.
CONTACT INFORMATION If you would like to request information on your personal data or have any questions or concerns regarding your privacy while using the Website or a Mobile App, or upon receipt of a Communication, please contact us at sales@CultWine.com.
Please read the following information carefully before using the CultWine.com (CultWine) Website and Services (including any CultWine account). By using the CultWine Website and Services you (as applicable, “you,” “Buyer” and/or “Seller”) agree to these Terms & Conditions and to the CultWine Privacy Policy, which is incorporated herein by reference.
You must be at least 21 years of age to participate.
All bids/purchases are final and bids cannot be cancelled.
Buyer’s premium will be added to the winning bid of all auction purchases.
Usage of the CultWine Website, including all information and content contained therein or accessed thereby, and the CultWine Services (collectively, the “CultWine Website and Services”) is subject to the following terms and conditions:
The property described on the CultWine Website will be offered for sale by CultWine as a marketing agent on behalf of the Seller. Every attempt has been made to describe all property as accurately as possible. However, CultWine does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. All statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of CultWine.
When a lot description of a bottle includes a photo, the photo may not necessarily show the actual bottle offered in the lot. Unless the lot includes inspection, notes describing imperfections, the photo may be a CultWine stock photo of a bottle of the specified wine and vintage, though not the exact bottle offered. Stock photos may be used for bottles that are in very good general condition but have lightly depressed corks, lightly elevated corks, light capsule condition issues, or light label condition issues.
Buyer accepts all purchases “as is.” Notwithstanding any other terms of these Terms & Conditions, should CultWine receive any written claims within 10 calendar days of the auction that any property is with a shortage, or otherwise out of condition, or that any statement in the web site is without basis, then CultWine will judge such claims through inspection of the property or by any other just means, and may require the Seller to cancel the sale and may refund the purchase price. At all times the decision of CultWine in its capacity of auctioneer will be final & binding on all parties.
The wine industry estimates that between 3 and 7 percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole, or TCA within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it very rare, we cannot replace wines that have been ruined because of cork taint. We do not accept returns of corked wine nor do we refund for corked wine.
Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of price or credit be made after delivery.
The term “final bid” as used herein shall refer to the price at which any auction lot is won by the Buyer. The purchase price due from the Buyer shall be the aggregate of the final bid, a buyers premium on the final bid, and any applicable sales or use tax. The complete purchase price, including delivery will be automatically deducted from your CultWine account or provided payment method. Title to the property will not pass from Seller to Buyer until full payment is received by CultWine. No property will be released to the Buyer until CultWine receives any applicable state and local taxes or compensating use taxes of another state that CultWine may be required by law to collect. Any applicable storage or delivery charges must also be received prior to the release of the property.
All CultWine auctions are conducted in U.S. Dollars. Payment is due at the close of the auction. The CultWine account or payment method of each winning bidder will be charged in U.S. Dollars for the hammer price, buyer's premium, and applicable sales or use tax. If payment is not received within 4 days after the close of the auction, bidding will be disabled on the account. Bidding access will be restored on an account after payment is received & after review by CultWine. Shipping costs will be charged at the time an order is shipped. The actual amount to be paid in your home currency will be determined by the exchange rate used by your payment method when you are actually charged.
Buyers Outside of the U.S. Please Note: CultWine reserves the right to require payment by wire transfer for the full price of purchased wine, buyer’s premium, applicable taxes and duties and shipping charges prior to shipping. First time International buyers are required to pay their invoices by bank wire transfer in their first auction. CultWine will determine when and if it will allow International Credit Cards to be used in their auctions.
The highest acceptable bid received prior to the end of the auction date & closing time shall be from the Buyer, who will assume full risk and responsibility of the lot.
Bids and Buy Now orders submitted to CultWine are processed and executed as a service and convenience to bidders. Neither CultWine nor its staff shall be responsible for any failure to execute such bids or any error relating to the same.
Should any Buyer fail to fully comply with these Terms & Conditions, CultWine may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage fees, late fees or legal fees and any other related expenses or damages incurred by CultWine. In the event of non-payment by Buyer, or non-compliance by Buyer with these Terms & Conditions, CultWine reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s CultWine account or payment method for CultWine’s fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due over to a commercial collection agency and/or taking any other action permitted by law. Buyer will be subject to pay for all collection costs related to non-payment including late fees, interest, collection fees and all attorney fees. In no event shall CultWine be liable for any incidental or consequential damages to Buyer.
Title, Taxes and Delivery
Title. Title to, and ownership of, all wines passes to Buyer in California upon payment of the purchase price. Wines are deemed delivered to the Buyer in California, except wines which are being delivered pursuant to a direct shipping permit as further described below. Buyer takes all responsibility for wines being transported from California to Buyer’s selected destination.
Taxes. For wines delivered to Louisiana, Nevada, New Hampshire, Oregon and Wyoming (collectively, “Direct Shipper States”), CultWine’s permits in these states require the collection and remittance of taxes pursuant to each Direct Shipper State’s requirements. Except for these Direct Shipper States, and purchases being delivered to an international address, California sales tax will be charged on all purchases, including wines picked up by the Buyer at CultWine’s premises.
Delivery. Buyer takes all responsibility for wines being transported from California to Buyer’s selected destination. You may pick up your purchases at CultWine’s location, make independent delivery arrangements, or arrange for CultWine to facilitate delivery to you.
At Buyer’s election, Buyer may engage CultWine to facilitate deliveries of Buyer’s wine to Buyer’s selected destination. The primary means of distribution will be by common carrier. Buyer shall assume full responsibility for delivery expenses, including delivery costs, and packing. The Buyer is responsible for all duties and customs charges incurred in shipping purchases from the U.S. to the Buyer's desired shipping address. If your shipment arrives damaged, or carrier tracking shows as delivered but it wasn’t received, do not contact the carrier directly. Please contact CultWine no later than 5 days after delivery (or the stated delivery date) to report the issue and CultWine will contact the carrier on your behalf. If you scheduled your shipment with a 3rd party shipper, please contact that shipper directly for assistance.
Promotional shipping discounts may apply to CultWine's contracted common carrier rates only. Buyers who are CultWine VIP subscribers in good standing will receive a 25% discount off CultWine's contracted shipping rates for certain common carriers. To the extent that CultWine provides estimates of shipping charges, these should be treated as ESTIMATES ONLY. The Buyer is responsible for the actual charges incurred. CultWine will take all precautions to package the wine according to industry standards to minimize the possibility of damage. CultWine does not compensate for any loss or damage due to exposure to temperature variations or shipping delays.
Representations. CultWine makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination. By arranging for transportation of the alcoholic beverages, CultWine is providing a service to, and acting as your agent. By utilizing this service from CultWine you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. By placing bids in these auctions, or placing Buy Now purchase orders, Buyers acknowledge that they are at least 21 years old, and that the person to whom Buyer's wine will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old.
Climate Considerations. When the weather is too hot or too cold to safely transport wine, your wine will be stored in CultWine’s temperature-controlled warehouse. If you elect to waive CultWine’s weather policy and ship your wines regardless of the weather, you assume all liability and understand you can make no claim against the condition of the wines upon delivery. All stored wines are subject to CultWine’s terms regarding Storage Period and Fees. Shipping waivers must be signed prior to any shipping of your wine in arm weather.
Storage Terms and Fees:
Storage Terms - Buyers:
CultWine will store purchased wine without charge for no more than ninety (90) days after the purchase date. If purchased wine has not been picked up by or shipped to Buyer within 90 days after the purchase date, including without limitation because Buyer has failed to pick up or arrange for shipping, or Buyer’s payment method on file cannot be charged for shipping, Storage Fees will begin to accrue.
CultWine reserves the right to claim a lien for all lawful charges for storage of Buyer’s purchased wine, as well as interest, insurance, transportation, labor, and other charges and expenses in relation to such goods. CultWine reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Buyer and CultWine, including without limitation under these Terms of Service. At any time after purchase, CultWine may, upon written notice to Buyer and any other person known to claim an interest in such goods, require the removal of any purchased wines from CultWine’s facility, upon payment of all charges attributable to such goods, within a stated period, not less than 30 days after such notice. If Buyer does not timely comply with CultWine’s request, CultWine may sell Buyer’s purchased wine in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if CultWine believes, in good faith, that the purchased wines are about to deteriorate or decline in value to less than the amount of CultWine’s lien in a shorter period than 30 days, CultWine may specify in the notification any reasonable time, less than 30 days after such notice, for removal of the purchased wines and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law. CultWine may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law.
Storage Terms - Sellers:
Unsold Property: Seller’s wines in CultWine’s possession that do not sell in any auctions or that have been refused or withdrawn during the inspection process for any reason (“Unsold Property”), will be returned to Seller at Seller’s expense, following notice from CultWine. CultWine will store Unsold Property without charge for no more than thirty (30) days. Beginning on the 31st day after notice to Seller that Unsold Property is available for shipping or pick up, Storage Fees will begin to accrue.
CultWine reserves the right to claim a lien for all lawful charges for storage of Seller’s Unsold Property, as well as interest, insurance, transportation, labor, and other charges and expenses in relation to such goods. CultWine reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Seller and CultWine, including without limitation under these Terms and Conditions or the applicable Seller’s Agreement. At any time after wines are consigned to CultWine, CultWine may, upon written notice to Seller and any other person known to claim an interest in such goods, require the removal of any Unsold Property from CultWine’s facility, upon payment of all charges attributable to such goods, within a stated period, not less than 30 days after such notice. If Seller does not timely comply with CultWine’s request, CultWine may sell Unsold Property in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if CultWine believes, in good faith, that the subject wines are about to deteriorate or decline in value to less than the amount of CultWine’s lien in a shorter period than 30 days, CultWine may specify in the notification any reasonable time, less than 30 days after such notice, for removal of the Unsold Property and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law. CultWine may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law.
Storage Fees:
For CultWine clients in good standing: Storage Fee is $0.25 per bottle for each month or part thereof. Storage fees are waived for the first three months for purchases.
For Buyers/Sellers who are not CultWine Clients: Storage Fee is $0.50 per bottle for each month or part thereof. Storage fees are waived for the first three months for purchases.
Storage Fees are charged on a per month basis for each month or part thereof and are not prorated or refunded. All Storage Fees are due and payable on the first day of storage for the initial month and thereafter on the first day of each succeeding calendar month. Wines will not be released or shipped until all Storage Fees are paid.
Unless otherwise stated by CultWine, wines will be stored in CultWine’s warehouse in Santa Ana, California.
The laws of the state where the auction is held shall govern the rights and obligations of all parties. CultWine is fully licensed in the State of California to perform wine auctions. All other claims arising out of or relating to the CultWine Website and Services shall be governed by the laws of the State of California without regard to conflict of law principles.
By accessing or using the CultWine Website and Services, you agree not to do any of the following in connection with your use of the CultWine Website and Services:
Breach these Terms & Conditions.
Use the CultWine Website and Services in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, to provide false information, or to impersonate other users.
Modify our copyright/trademark or other proprietary rights notices or interfere with the security-related features of the CultWine Website.
Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property, personal or proprietary right.
Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity.
Post or transmit information or content that is false, hateful, abusive, threatening, libelous, defamatory, harmful to minors, discriminatory, obscene, pornographic or otherwise inappropriate, offensive, illegal, improper or disorderly, or contains or constitutes excessive messages or information.
Post or transmit any unauthorized commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions.
Upload viruses or other malicious code.
Use any scripts, crawlers, bots, or other automated means to access the CultWine Website for any purpose without the express written permission of CultWine or use software to determine architecture of or extract usage data from the CultWine Website.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that may interfere or attempt to interfere with the proper working of the CultWine Website; or
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
CultWine reserves the right to set and enforce limits on the amount of data and other content that may be accessed by users of the CultWine Website and Services. CultWine may change, limit, suspend, or discontinue any aspect of the CultWine Website and Services at any time without prior notice, including the availability of any feature, account, database or content. By using the CultWine Website and Services, including without limitation the “CultWine Cellar” feature, all users represent and agree that they are using the CultWine Website and Services solely for their personal, non-commercial use.
The CultWine Website and all content, including, without limitation, design, text, graphics, pictures, videos, logo, data, pricing, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the sole proprietary property of CultWine and are protected by copyright, patent and trademark laws. These Site Materials may not be used by anyone without CultWine’s express, written permission.
We reserve the right at any time to charge fees for access to features of the CultWine Website and Services. However, in no event will you be charged for access to fee-bearing features unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for features of the account services that are now free, we will give you advance notice of such fees. You may cancel your access to fee-bearing features at any time; however, CultWine will not prorate the applicable fees. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the fee-bearing features through your account.
If you post or submit any content or materials to or through the CultWine Website and Services (User Content), you represent and warrant that (1) you own all necessary rights and permissions in such User Content; and (2) said User Content does not violate the intellectual property, proprietary, or personal rights of any person or entity (e.g., the User Content does not infringe any third party’s trademark, copyright, patent or trade secrets, and is not libelous or defamatory) and does not violate any law. You grant CultWine a perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to your User Content, which includes without limitation the right for CultWine or any third party it designates to use, copy, transmit, excerpt, modify, publish, translate, create derivative works from, perform, store and display the User Content, in any format or media whether now known or hereinafter developed. You are solely responsible for your User Content and any claims relating to same. However, while CultWine does not and cannot review all User Content and is not responsible for User Content, CultWine reserves the right to delete, move, or edit User Content that CultWine, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Your CultWine Gift Card cannot be redeemed for cash, resold or transferred for value (except where permitted by law). In addition, it may not be used to purchase other CultWine Gift Cards. Any unused balance on your CultWine Gift Card may not be transferred.
CultWine is not responsible if your CultWine Gift Card is lost, stolen, destroyed or used without your permission. In the event a CultWine Gift Card is obtained through illegal or fraudulent means, CultWine reserves the right to freeze, void or close the customer’s account and cancel any purchase order or charge any purchase using another payment method. Please contact CultWine immediately if your CultWine Gift Card is lost, stolen, or used without your permission.
LIMITATION OF LIABILITY. CULTWINE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CULTWINE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT YOUR CULTWINE GIFT CARD IS NOT FUNCTIONAL, PLEASE LET US KNOW. YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH CULTWINE GIFT CARD. CULTWINE SHALL NOT BE LIABLE FOR ANY AMOUNT BEYOND THE VALUE OF YOUR CULTWINE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The balance of any accounts with CultWine, including any CultWine Wallet or Gift Card balance, represents an unsecured claim against CultWine and is not insured by any third party. If you have an amount owed to CultWine and the amount is not the subject of a dispute, CultWine may debit any of your CultWine accounts, including any CultWine Wallet or Gift Card to offset any amount you owe to CultWine.
CultWine, in its sole discretion, may suspend, limit, hold or place other limitations on your use of the CultWine Website and Services or any CultWine account or credit in any account and CultWine may release credits or funds in any CultWine account to a third party in the event CultWine receives notice of a court order or other legal process that requires such action.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
YOU AGREE THAT YOU ARE MAKING USE OF THE CULTWINE WEBSITE AND SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU BY CULTWINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CULTWINE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CULTWINE WEBSITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CULTWINE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, CULTWINE MAKES NO WARRANTY THAT THE CULTWINE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CULTWINE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES NOR THEIR RELATED COMPANIES SHALL BE LIABLE FOR:
(i) ANY DAMAGES (UNDER ANY THEORY) RESULTING DIRECTLY OR INDIRECTLY FROM (a) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE CULTWINE WEBSITE AND SERVICES, (b) DELAYS OR DISRUPTIONS IN THE CULTWINE WEBSITE AND SERVICES, (c) ERRORS OR INACCURACIES OF ANY KIND IN THE CULTWINE WEBSITE AND SERVICES, (d) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE CULTWINE WEBSITE OR SERVICES, OR (e) ANY SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT BY CULTWINE; NOR FOR
(ii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE CULTWINE WEBSITE AND SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL CULTWINE’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY NOR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF (i) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED TO TOTAL FEES YOU PAID TO CULTWINE IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (ii) $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE CULTWINE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
You agree to indemnify, defend and hold harmless CultWine and its officers, directors, employees, parents, partners, successors, agents, distribution partners, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or related to: (i) your access to or use or misuse of the CultWine Website and Services; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms & Conditions or of any representation, warranty or covenant that you have made to CultWine; (iv) your violation of the law; (v) your negligent or willful misconduct; or (vii) your violation of the rights of any third party. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Dispute Resolution.
You and CultWine each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms and Conditions, any prior version of these Terms and Conditions, or your use of or access to the CultWine Website and Services, will be resolved in accordance with the provisions of this Dispute Resolution section. Please read this section carefully as it affects your rights.
You and CultWine agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem, all relevant documents/information and the proposed resolution. CultWine will contact users of the CultWine website based on the contact information provided to us. Notice to CultWine must be sent to: CultWine, 3480 W. Warner Ave Warehouse K, Santa Ana, CA 92704.
IF AFTER 60 DAYS THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED UNDER THE PREVIOUS PROVISION, THE PARTIES AGREE THAT THE DISPUTE MUST BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS DISPUTE RESOLUTION SECTION, EXCEPT THAT YOU MAY ASSERT ELIGIBLE CLAIMS IN SMALL CLAIMS COURT. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
You and CultWine each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to these Terms & Conditions, whether related to these Terms & Conditions or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by American Arbitration Association (“AAA”) under its rules and procedures in effect, as modified by these Terms & Conditions (as permitted under such rules and procedures), when the claim is filed and the arbitration shall occur in Orange County, California. The rules and procedures and other information, including information on fees, may be obtained from AAA's website (www.adr.org) and a form for initiating arbitration proceedings is available on AAA's site at https://www.adr.org. In addition to filing this form with AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: CultWine, 3480 W. Warner Ave Warehouse K, Santa Ana, CA 92704. If the value of the relief sought is $10,000 or less, you or CultWine may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CultWine. Attendance at an in-person hearing may be made by telephone by either of us unless the arbitrator requires otherwise. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Further, each party agrees that any arbitration will be solely between CultWine and the user of the CultWine, not as part of a class wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class wide dispute must be brought in court.
Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in Orange County, California.
These Terms & Conditions, together with our Privacy Policy, both as may be amended from time to time in CultWine’s discretion, and Additional Terms (as defined below), govern your access to and use of the CultWine Website and Services.
CultWine may revise these Terms & Conditions and its Privacy Policy from time to time and will provide users of the CultWine site with notice of any such changes by posting the new Terms or Policy on the CultWine website and providing an updated effective date. By using the CultWine website subsequent to any revision of these Terms & Conditions or Privacy Policy, you agree to be bound by such changes. If you do not agree to these Terms & Conditions or to the Privacy Policy, you must immediately terminate use of the CultWine Website and Services.
CultWine may, in some instances, need to provide users with operating rules or additional terms that govern the use of parts of the CultWine website (“Additional Terms”). Unless otherwise expressly set forth as part of any such Additional Terms, any such Additional Terms are made in addition to and part of these general Terms & Conditions and are incorporated herein by reference. Users of the CultWine website agree that CultWine may provide Additional Terms at any time. To the extent any Additional Terms conflict with these Terms & Conditions, the Additional Terms will control.
