WEBSITE TERMS & CONDITIONS OF USE

Savage Wine LLC, DBA WineSavage, its subsidiaries, affiliates and associates (“WineSavage”, “us”, “we”, or “our”) operates the winesavage.com website, the robbreport.winesavage.com website, mobile applications, and other services where these Website Terms & Conditions of Use are posted (collectively, the “Site”). Any use by you of the Site is conditional upon your acceptance of these Website Terms & Conditions of Use, including our Privacy Policy  (collectively, “Terms & Conditions”). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. These Terms & Conditions represent a binding contract between WineSavage and you. By accessing the Site, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms & Conditions. If you do not agree to be bound by the Terms & Conditions, you may not use the Site. Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.

The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such additional rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such additional rules may conflict with these Terms & Conditions. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms & Conditions” in this agreement includes the Additional Rules.

1. Rights and Intellectual Property – All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions. Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited. Without our prior written permission, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, WineSavage or any of its licensors into another website or other service.
   
2. License – We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Site for personal, non-commercial use, and subject to these Terms & Conditions. This license is available to you as long as you are not barred from the Site by applicable law and your access is not terminated by us. If these Terms & Conditions are not enforceable where you are located, you may not use the Site. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
   
   

   Under this license, you may download information from the Site and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Any unauthorized use of the Intellectual Property may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

3. Restrictions on Use – Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, copy, display, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, in whole or in part, including any text, images, audio, and video in any manner or to use it for commercial purposes.
   
4. Terms of Use and Acceptable Usage Policy; Public Forums – The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites (as described in Section 5 below) (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including but not limited to reviews, writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
   
   We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules.
   
   

   We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse. The following examples constitute misuse of the Site:

   • using the Site for, or encouraging anyone to use the Site for, any improper, unlawful, or immoral purpose,
   • causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardized or impaired;
   • using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
   • using the Site to harm or attempt to harm minors in any way;
   • using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
   • using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
   • using the Site to create, host, or transmit unsolicited advertising material to other users;
   • using the Site to create, host, or transmit any material that harasses another;
   • using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
   • using the Site to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Site or any portion thereof;
   • adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
   • using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
   • using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
   • using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
   • reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorized to use;
   • encouraging, condoning, or glamorizing under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
   • disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived); and
   • violation of the terms of use associated with an Interfacing Site.
     

     This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information that you post on our Public Forums. You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, unlimited, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose. We are not responsible for maintaining your Postings and we may delete or destroy them at any time. CONTENT, INFORMATION, AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

5. Interfacing Sites – You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.
   
   

   We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites. We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Terms & Conditions or the applicable terms of use on the Interfacing Site. To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site. In addition to these Terms & Conditions, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Sites.

6. Materials submitted by you – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that we receive a non-exclusive license to use any information or materials you submit to the Site, whether ideas, creative concepts, Postings or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings, and video recordings), and they may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
   
7. Accounts and Security – We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
   
8. NO WARRANTIES – THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, PERFORMANCE, TITLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR A REPRESENTATIVE SHALL CREATE A WARRANTY. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.
   

   FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. THIRD PARTY GOODS AND SERVICES – THE SITE MAY DISPLAY PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES. YOU UNDERSTAND THAT WE DO NOT ENDORSE ANY SUCH PRODUCTS OR SERVICES AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH PRODUCTS OR SERVICES. WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES, AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
   
10. Your responsibility – You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
    
    

    In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

11. NO LIABILITY – TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY LOSS, COST OR DAMAGE (DIRECT, INCIDENTAL INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, THIRD PARTY CONTENT OR INTERFACING SITES MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
    

    In addition, when using the Site, information will be transmitted over a medium which is beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy.
    
    

    You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

13. Indemnity – You hereby agree to indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms & Conditions, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.
    
14. Restriction, Suspension and Termination – We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.
    
15. Entire Agreement – These Terms & Conditions, including our Privacy Policy and Member Agreement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.
    
16. Copyright And IP Agent for the United States – We respect the intellectual property rights of others, and require that the people who use the Site do the same. We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Site, please contact our agent designated for responding to reports of copyright infringement. The contact information for our copyright agent is David Shefferman, 938 Horn Ave, Glen Ellen, CA 95442 (dave at winesavage.com). In the subject line of your message, please include “Re: Claim of Copyright Infringement.”
    
    

    To be effective, the notification must be a written communication that includes the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. 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;
    4. 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;
    5. 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;
    6. 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.
       

       When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Site, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
       

       In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers. We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

    17. Export Controls – To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export, and/or import controls imposed by the United States or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the U.S. Treasury Department‘s Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department‘s Table of Denial Orders.
        
    18. Law and Jurisdiction – These Terms & Conditions shall be governed by California law without regard to its conflict of law rules.
        
    19. Dispute Resolution and Agreement to Arbitrate – By using the Site, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms & Conditions or any part of them, except for disputes that qualify for small claims court or those related to your or our intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
        • Us, at 938 Horn Ave, Glen Ellen, CA 95442 or
        • You, at the address we have on file for you.
          
          

          Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties, in Sonoma, California. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms & Conditions, including any claim that all or any part of these Terms & Conditions are void or voidable. Notwithstanding anything to the contrary in these Terms, the arbitration shall be conducted in compliance with JAMS’ Consumer Arbitration Minimum Standards (www.jamsadr.com/consumer-minimum-standards) (“Minimum Standards”) if the Minimum Standards are deemed by JAMS or the arbitrator to be applicable to the Dispute.

    20. Modification and Termination – We reserve the right to modify these Terms & Conditions at any time. When we do so, we will update the “Effective Date” below. By continuing to use the Site, or any portion thereof, after we post any such changes, you accept these Terms & Conditions, as modified.
        
        

        We shall have the right to immediately terminate these Terms & Conditions with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms & Conditions. More generally, we may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time and at our sole discretion.

    21. Miscellaneous
        
    1. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If we do not exercise or enforce any legal right or remedy which is contained in these Terms & Conditions (or which we have the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of our rights, and all such rights or remedies shall still be available to us.
       
    2. Severability. If any provision of these Terms & Conditions are held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
       
    3. Entire Agreement. These Terms & Conditions and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Site.
       
    4. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms & Conditions without restriction.
       
    5. No Relationship. These Terms & Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.
       
    6. Notice to California Residents. You may reach us at the contact information provided below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
       

       Void where prohibited by law.

       CUSTOMER/MEMBER AGREEMENT

I am 21 years or older.

There is no fee to join the Robb Report 672 Wine Club, powered by WineSavage. I may join now and I will not be charged until wine is shipped to me

As a member, I will receive shipments of the Robb Report 672 Wine Club from WineSavage throughout the year. Our quarterly shipments are typically sent in the following cadence:

• Mid-February
• Mid-May
• Mid/late September
• Early December

I agree that WineSavage will charge my credit card for each shipment, including shipping and handling, which may be charged by WineSavage or by an outside shipper acting as my agent. I agree that I have read and understand WineSavage’s privacy policy.

As a new member, I will automatically receive the most recent wine club shipment–supply permitting–up until 4 weeks prior to the next shipment’s release. If I sign up within 4 weeks of a scheduled ship date, I will have the option of receiving both shipments, or just the pending one.

It is my obligation to notify WineSavage in writing of any address changes before packages are shipped. WineSavage will not be responsible for shipping charges incurred due to misdirected packages.

I acknowledge that Wine shipments require a signature, at the time of delivery, from someone 21 years or older. No wine will be delivered to a visibly intoxicated person, and any person unable to produce age verification forfeits his or her right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot until appropriate identification is produced, or it may be shipped back to WineSavage. Missed delivery attempts, re-routes or returned shipments may adversely affect wine quality. It is highly recommended to ship wine to business addresses, rather than home addresses.

Common carriers: UPS, Fed Ex, and GSO will attempt delivery 2-3 times before returning packages to the sender. Because of the adult signature requirement, wine cannot be delivered to a PO Box address.

I will be charged for all costs associated with the return of wine or other products to WineSavage due to unsuccessful delivery attempts to me. In the unlikely event of damage in transit, I am responsible for filing a claim directly with the appropriate third party transit carrier (e.g. FedEx or UPS.). Reshipped packages will be at my own expense. Additional information can be found under shipping & return policies.

Membership Billing Procedures – I will receive an email notifications in advance of every wine shipment, giving me the opportunity to update account preferences including payment method and delivery address, or make special arrangements should I be traveling or unable to receive delivery.

If no changes are requested, WineSavage will proceed with billing the authorized credit card on file, and the wine order will be shipped within one week unless another delivery date has been arranged.

Modifying or Canceling a Membership – I may cancel my membership by doing so in writing at any time.  Cancellations must be submitted in writing to clubs@winesavage.com.  Cancellations received before the collection of payment for a specific wine shipment will be made effective immediately. Cancellation requests received after payment (regardless of shipment status) will be effective following delivery of the paid order. If a club shipment has been shipped but not received prior to our receipt of my written cancellation, I will be responsible to pay for that final shipment. Returned orders as a result of membership cancellation are subject to return shipping and handling fees. For more information, please refer to our Shipping & return policies.

Placing a Membership on Hold – As a Robb Report 672 Wine Club member, I may place my membership on hold for a maximum of 6 months or skip two consecutive shipments (whichever comes first). Once the holding period has concluded, my membership will automatically reinstate, and deliveries will resume in accordance with the shipping schedule [see above]. Memberships placed on reoccurring holds/skips will be subject to cancellation and my allocation may be released to a new member. If I wish to re-join, I may be waitlisted until a membership slot opens for me.

Shipping & Return Policies – WineSavage uses direct to consumer shipping permits and ships in accordance with direct shipping laws. ALL ALCOHOLIC BEVERAGES PURCHASED FROM ROBB REPORT 672 WINE CLUB ARE SOLD IN THE STATE OF CALIFORNIA AND TITLE PASSES TO THE BUYER IN CALIFORNIA.  Robb Report 672 Wine Club, Robb Report and Savage Wine, LLC DBA WineSavage make no representation to the legal rights of anyone to ship or import alcoholic beverages into any state outside of California. The buyer is solely responsible for the shipment of alcoholic beverage products. By placing an order, buyer authorizes Savage Wine, LLC DBA WineSavage to act on buyer’s behalf to engage a common carrier to deliver buyer’s order.

All in-stock wines will be processed and shipped within five business days. WineSavage ships Monday through Wednesday, and shipping schedules vary depending on the destination of the order and the service selected. Temperature-controlled ground shipments depart our fulfillment center once a week on a climate-controlled truck to a local UPS/FedEx hub. From there, the wine arrives via standard ground service; please expect delivery 5-14 days from the date you placed your order. Should delivery by a specific date be required, please contact us to make special arrangements.

Wine is a perishable commodity. It is intolerant of temperature extremes: hot humid summer and cold winter weather may adversely affect the condition of the wine during shipment. WineSavage will make every effort to ensure a safe delivery of my wine to my home or business. WineSavage is not responsible for, and will not replace, wine that is damaged by extreme weather conditions during shipment. When the common carrier takes possession of my wine order, responsibility for the wine transfers to me as the purchaser.

We allow products to be returned only if the product is defective. We reserve the right at our sole discretion to determine whether or not products are defective.   Empty bottles of wine are never considered defective product. By California State Law return of alcohol products can only be for exchange of the identical product or for store credit.  There is no cash, check or credit card refunds under any circumstances.

While shipping is included in the price of the Robb Report 672 Wine Club shipments, should my club shipment be returned for any reason, the fee to reship would be the full rate charged by the common carrier to WineSavage.

• A $25 return fee will be assessed for: eligible returns, missed deliveries
• A $20 handling fee will be assessed for: address corrections and carrier redirects (after shipment has been initiated)
• Reshipping will be billed at current shipping rates (they are not flat-rate eligible)

Void where prohibited by law.

Contact Us – If you have any questions, comments or concerns about these Terms & Conditions, please contact us at: clubs@winesavage.com

©2021 Savage Wine, LLC. All rights reserved.

Version 1.1, Effective Date: October 1, 2021