RESTRICTION: TO USE THIS SITE, YOU MUST BE 21 YEARS OF AGE OR OLDER, THE LEGAL DRINKING AGE IN THE UNITED STATES. IF YOU ARE NOT OF LEGAL DRINKING AGE, PLEASE EXIT THIS SITE IMMEDIATELY.
REFUND POLICY: We will gladly replace any bottle of wine purchased from McClain Cellars that is damaged, flawed, or otherwise deemed to be unsatisfactory. We ask that the customer return the unfinished portion of the original bottle. To return an item, please contact us within 30 days of purchase. There are no refunds for any bottle of wine that is taking away from the lounge or shipped. Exchanges for defects or damage are allowed within 30 days. No refunds are permitted outside of the 30 days.
WINE CLUB MEMBERSHIPS: By signing up for the wine club on our website or using our app or written form, you certify that you are 21 years of age or older and agree to the terms of the McClain Cellars wine club membership. You understand that, if wine is shipped, upon delivery, an adult signature is required. Packages will not be left at the door. You are agreeing to 4 wine club shipments. Your credit card will be charged for the price of each shipment plus sales tax and applicable shipping. You understand that you may cancel your membership after receipt of three (3) additional wine club shipments after the one you are taking with you on the day you signed up provided written notice is received within 15 days prior to the next shipment. If you want to cancel before taking all 4 shipments, you may cancel by paying back the discounts you have received as a member. You understand that you can upgrade or downgrade your membership at any time. Wine Club allocations are March, June, September, and December of each year. You have 14 days from the opening of a wine club allocation to pick different wines. After 14 days, if you have not made a selection on the mobile app or the website, you agree to accept the winemaker’s selections. If after allocation closes you want to make a change, there may be a 10% restocking fee. Should you choose to pick up your wine, you agree to collect the bottles within 30 days of an allocation date. If the wine is not picked up within 30 days, you understand that you will need to select new wines of equal or greater value and a credit will be stored at McClain Cellars for the amount of the charge.
SHIPMENT & DELIVERY: You may select to have your wine delivered or picked up. The choice is yours. If you choose to have it delivered to a state that we do business in, please know that we only deliver during weekdays and that all wine must be signed for by someone over the age of 21. We will use a wine carrier wine carrier such as FED EX or GSO for all shipments.
Be sure to check out our common questions should you want clarity on the above.
2. DESCRIPTION OF SERVICE
The Site contains information about McClain Family Cellars and its products and services. The Site and the information, features and services available through the Site, including, but not limited to, the purchase of our products, may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, audio and video clips, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information.
You may be required to register for and create an account with the Service in order to access certain information and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information, if applicable. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. THIRD PARTY WEBSITES
The Service may provide links to websites or resources outside of the Site. Because we have no control over external sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.
5. CONNECTING TO SOCIAL MEDIA WEBSITES
If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish information on the interactive parts of our Site outside of these privacy settings, or in any way other than through a social media website, that information will not be protected by us. It is information in the public domain, which may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of our Site in this manner, you do so at your own risk.
In addition, you acknowledge and agree that we are not responsible for the availability of these websites, or any other social media websites that we may add to the connect function, and do not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such websites or resources.
While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary.
You shall be solely responsible for your own submissions, the emailing or posting of any content including, without limitations, photographs, illustrations, audio and video clips and the consequences thereof. You or a third party licensor, as appropriate, shall retain all patent, trademark and copyright to any Content you submit, email, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By emailing or posting any submission and Content to the Site or to us, you hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable, transferable, royalty free and perpetual license to use or publish such submission and Content for any purpose, including, without limitations, reproduction, modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast and posting in any form, medium or technology throughout the world and in perpetuity without restriction or compensation to you. We are free to use, at our sole discretion, any ideas, concepts, know-how, or techniques contained in any Content or communication you send or submit to the Site or to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Any URLS with “http://” submitted or posted with any comments and/or Content on the Site, or any blog, forum or public place made available on the Site, will automatically be made hotlinked. If any such posted links appear to have been included solely for the purpose of increasing SEO, we reserve the right to delete them from the Site at our sole discretion. Any comment and/or content posted on the Site with more than four (4) links posted will risk being marked as comment spam. In addition, all trackbacks will be treated in accordance with these TOU.
You agree that you will use the Service in compliance with all applicable laws, rules and regulations. In addition, by submitting or posting any Content, you represent and warrant that you own or otherwise control all of the rights to the Content that you submit, email or post; that all “moral rights” that you may have in such Content have been voluntarily waived by you; that the Content is accurate; and that use of the Content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us and our affiliates for all claims of every kind and nature, known or unknown, resulting from (a) a breach of your representations, warranties or obligations set forth herein, (b) your actions or Content you supply, or (c) violation of any law or the rights of a third party, and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claims. Furthermore, we reserve the right to refuse, accept, post, display, change, condense, delete or transmit any Content in our sole discretion.
We do not guarantee that you will have any recourse through us or our affiliates to edit or delete any Content you have submitted. We reserve the right to remove or to refuse to post any submission or Content for any reason. You acknowledge that you, not McClain Family Cellars, are responsible for the contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of McClain Family Cellars, its agents, parent, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your submission or posting of any content, you agree that McClain Family Cellars and its third party service providers may use your email address to contact you about the status of your submission and other administrative purposes.
7. POSTINGS/USER CONDUCT
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing, intimidating to any person or entity that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.
You may not use the Service or the Site to:
- interfere with any other user’s use of the Service;
- conduct any unlawful activity;
- intentionally solicit or harm minors in any way;
- misrepresent your own identity or any affiliation that you may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, Site or Content;
- alter or remove any copyright, trademark or other proprietary rights notices;
- “frame,” “mirror,” or “deep link” any part of the Site or Content;
- link to any page within the Site or Content from any website or webpage that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
We will not take responsibility or be liable for the conduct of any person who uses the Site, or for any loss or damage suffered by person as a result of the use of the Site.
8. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of these TOU or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post any images or Content to the Site that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account.
10. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part. In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way or manner without our prior written permission.
SACRED LOVE, SUMMER BREEZE, KISS OF LIFE, FAITHFUL FRIEND, HOPE AND FAITH, FAMILY VALUES, PAINTED DREAMS, PURPOSE ROADaccompanying logos, trade dresses and all other intellectual property on the Site are owned by McClain Family Cellars, Inc.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM OR THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. NO PERSONAL ADVICE OR ENDORSEMENTS
The Site and its Content (including any postings, comments, emails or information provided by users) are for informational and entertainment purposes only, and is not intended to replace or substitute for any professional financial, medical, legal or other advice. In addition to the disclaimers and limitations of liability set forth in Sections 11, 12 and 13 above, we and our affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any health claims or information offered or provided by users of the Site. Any such health claims or information offered or provided by users are not tested, substantiated or endorsed by us and individual results may vary and may not be typical for individual consumers.
15. COMPLIANCE WITH LAWS, INCLUDING FOR SALE, SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES
It is our policy to comply with all applicable laws, including, but not limited to, state laws with respect to the sale, shipment and delivery of alcoholic beverages. You agree that you will comply with all such applicable laws.
ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD. IF YOU PLACE AN ORDER, YOU REPRESENT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD. All alcoholic beverage shipments require a signature of someone at least 21 years old upon delivery.
The Service may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices or links to such notices to you generally on the Service.
17. DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to:
McClain Family Cellars, Inc.
22431 Antonio Parkway, Suite B160-603
Rancho Santa Margarita, CA 92688
18. DISPUTE RESOLUTION
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to the TOU or the Service, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in Los Angeles County, California. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Site and the Service, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under this TOU, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
19. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOU and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. DRINK RESPONSIBLY
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
21. CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed above. Please report any violations of these TOU to [email protected]
© 2020 McClain Family Cellars, Inc.. ALL RIGHTS RESERVED.