By visiting our Platform and/or by accepting these Terms upon check out when purchasing something from us (the “Products”), signing up for a membership to access the Services (a “Membership”), or submitting your contact information to us, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, members, users, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing, using our Services or opting to accept these Terms. If you do not agree to all the Terms, then you may not take advantage of the Services. If these Terms are considered an offer, acceptance is expressly limited to your agreement to these Terms.
Any new features or tools which are added to the current Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Platform. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.
The Services, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Disco Wine Club, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a personal, limited, nontransferable, nonexclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Services and to change, suspend or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Services or restrict your access to part, or all, to the Services without notice or penalty. Your continued use of the Services will constitute your acceptance of any such changes.
Section 1 - Use of Services
You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of Disco Wine Club. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of Disco Wine Club. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.
We require all members to agree not to use the Services, and specifically prohibit any use of the Services, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
- Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Posting any information which is untrue, inaccurate, or not your own;
- Using or attempting to use another user’s account without authorization from such user and Disco Wine Club;
- Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site, the App, and Services in any manner;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Platform, Disco Wine Club’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
- Using the Services to drop ship merchandise to third parties;
- Purchasing in bulk for resale;
- Purchasing products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.); and
- Using the Service or shipping products outside the United States.
- Posting any pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user’s use of the Services, including without limitation, via means of overloading, “flooding, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Services within another web site. You may not resell use of or access to the Services to any third party without the prior written consent of Disco Wine Club.
Section 2 - Services Not for Minors
The Services are not targeted toward or intended for use by anyone under the age of 21. By agreeing to these Terms of Service, you represent that you (a) are 21 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Disco Wine Club account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. You may not use the Services or sign up for a Membership if you are not at least 21 years of age. If we later discover or suspect that a person is younger than 21 years of age, we reserve the right to take steps to cancel access to the Services, including cancellation of such person’s Membership.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
Section 3 - Order Requests For Alcohol Beverages
By placing your order request for alcoholic beverages (“Alcoholic Beverages”), you represent, warrant, and certify that you and the recipient of any Alcoholic Beverages are at least 21 years of age.
With respect to any order requests for Alcoholic Beverages placed through the Services, Disco Wine Club serves only as a third-party marketer and Disco Wine Club is not, nor does it represent or warrant that it is, a licensed producer, distributor, or retailer of Alcoholic Beverages. All order requests for Alcoholic Beverages are made to, accepted by, processed by, and fulfilled by a third-party alcoholic beverage licensed vendor or supplier (“Licensed Vendor”) of such Alcoholic Beverages. The Alcoholic Beverage portion of any order request is subject to review by such Licensed Vendor(s) and may be rejected upon further review. Each applicable Licensed Vendor will be responsible for fulfilling its order requests, including without limitation receipt of the purchase price, shipping, returns, refunds, and the payment of any applicable marketing fees.
Shipments of Alcoholic Beverages are delivered by FedEx®, UPS, USPS, or other carriers separately from other Disco Wine Club products sold through the Services or on the Sites and the App. Shipments of Alcoholic Beverages may be delivered on a different day or time from packages containing other Disco Wine Club products. Shipments of Alcoholic Beverages may also be delayed by the Licensed Vendor, in its sole discretion, due to weather conditions, such as excessive heat.
THE SIGNATURE OF AN ADULT AT LEAST 21 YEARS OF AGE IS REQUIRED AT THE TIME OF DELIVERY OF ANY PACKAGE CONTAINING AN ALCOHOLIC BEVERAGE. IF AN ADULT AT LEAST 21 YEARS OF AGE WITH A VALID GOVERNMENT IDENTIFICATION IS NOT PRESENT AT THE DELIVERY ADDRESS DURING BUSINESS HOURS, THE DELIVERY CARRIER WILL NOT DELIVER ANY ALCOHOLIC BEVERAGES. PRODUCTS CAN BE SHIPPED TO A PLACE OF BUSINESS OR RESIDENCE. WE CANNOT SHIP TO P.O. BOX OR APO BOXES.
Offer is only valid while supply lasts. Disco Wine Club and/or the Licensed Vendor(s) may restrict the application of any Promotions or Promo Codes to any order requests for Alcoholic Beverages placed through the Services. If an Alcoholic Beverage becomes unavailable from the applicable Licensed Vendor, the Licensed Vendor reserves the right to, in its sole discretion, to replace the product with an equivalent or similar product or refund you for the item.
Please note that, by placing an order request with a delivery address in Texas, New Hampshire, or Florida, you represent and warrant that any such delivery address is in an area that allows delivery of Alcoholic Beverages to a resident. Certain states, counties, cities, and towns expressly prohibit the direct shipment of Alcoholic Beverages to consumers and violation of such laws, rules, and/or regulations can be punishable as a misdemeanor or felony. Additionally, some states, counties, cities, and towns limit the quantity and type of Alcoholic Beverages permitted to be shipped to an individual address or individual consumer, and Licensed Vendors may cancel any order requests that exceed such limitations. If you have any questions about such local laws, rules, and/or regulations, please contact your local agency for further information.
If any communication from the Services is not in conformity with any jurisdiction rules and regulations governing solicitation, advertising, shipping and/or transacting business for the sale of Alcoholic Beverages in such jurisdiction, then such communication and any offers made herein in connection therewith, shall be void to the extent prohibited by law.
AS A THIRD-PARTY MARKETER OF ALCOHOLIC BEVERAGES, Disco Wine Club SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE PERTAINING TO THE ALCOHOLIC BEVERAGES.
Section 4 - Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our members or users and ourselves from fraud or other unauthorized or illegal activity.
If you use a password to access the Services or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Services, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will change your Disco Wine Club account password or notify Disco Wine Club immediately. Disco Wine Club reserves the right to take any and all action it deems necessary or reasonable to maintain the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting information to authorize transactions on your account. While Disco Wine Club takes prudent steps to protect your account and the Services, it cannot protect your information outside of the Services. Disco Wine Club may rely on the authority of anyone accessing your account or using your password and in no event will Disco Wine Club be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Disco Wine Club under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
Section 5 - Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Disco Wine Club or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Disco Wine Club’s sole discretion. You understand that Disco Wine Club may treat Feedback as nonconfidential.
Section 6 - Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Disco Wine Club does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Section 7 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under twenty-one (21) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of twenty-one (21) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Disco Wine Club’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Section 8 - Ordering, Delivery, Payments, and Billing
Paid Services and Terms of Sale
Certain of our Services, including the purchase of any products or subscriptions (such as monthly Disco Wine Club plans) offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals and Recurring Billing for Monthly Disco Wine Club Plans and Other Subscription Services” section below). Please see our Help / FAQ for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Please note that any additional payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
We reserve the right to change the prices and available Paid Services at any time. Quantities of some products may be limited and stock cannot always be guaranteed. Products offered for sale by us are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices, and we reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Paid Services information at any time without notice.
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us, and we reserve the right to refuse or limit any orders or limit any quantities. We will not be liable if a product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.
Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received. By purchasing products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.
We do not allow returns or substitutions of products. All sales are final.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account or through the guest checkout feature upon demand.
Auto-Renewals and Recurring Billing for Monthly Disco Wine Club Plans and Other Subscription Services
Some of the Paid Services, such as the purchase of Disco Wine Club products, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, go to your account or email us at firstname.lastname@example.org. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS LISTED ABOVE.
Current Information Required
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on your Account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the Trial Offer. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at email@example.com. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms.
Section 9 - Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Disco Wine Club and our officers, directors, agents, partners and employees (individually and collectively, the “Disco Wine Club Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services and (e) your violation of any law or rights of a third-party. You agree to promptly notify Disco Wine Club Parties of any third-party Claims, cooperate with Disco Wine Club Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Disco Wine Club Parties will have control of the defense or settlement, at Disco Wine Club's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Disco Wine Club or the other Disco Wine Club Parties.
Section 10 - Disclaimers
Your use of our Services and any products is at your sole risk. Except as otherwise provided in a writing by us, our Services, any product provided thereunder, and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Disco Wine Club does not represent or warrant that our Services, products, or any results therefrom are or will be accurate, complete, reliable, current or error-free. Without limiting the foregoing, we and our officers, directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services or products will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. You assume the entire risk as to the quality and performance of the Services. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.
Section 11 - Limitation of Liability
To the fullest extent permitted by applicable law, Disco Wine Club and the other Disco Wine Club Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability (where not prohibited by law), warranty, or otherwise—for any indirect, consequential, exemplary (where not prohibited by law), incidental, punitive (where not prohibited by law), or special damages or lost profits, even if Disco Wine Club or the other Disco Wine Club Parties have been advised of the possibility of such damages.
The total liability of Disco Wine Club and the other Disco Wine Club Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of [$100] or the amount paid by you to use our Services.
The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Disco Wine Club or the other Disco Wine Club Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Section 12 - Release
To the fullest extent permitted by applicable law, you release Disco Wine Club and the other Disco Wine Club Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Section 13 - Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Section 14 - Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Disco Wine Club and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Disco Wine Club agree that any dispute arising out of or related to these Terms or our Services is personal to you and Disco Wine Club and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Disco Wine Club seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Disco Wine Club seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Disco Wine Club waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Disco Wine Club or relating in any way to the Services, you agree to first contact Disco Wine Club and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Disco Wine Club by email at Disco Wine Club, Inc. or by certified mail addressed to ATTN: Legal, 932 Vernon Ave, Venice CA. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Disco Wine Club cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles, CA or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Disco Wine Club agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Disco Wine Club, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Both parties will be responsible for their respective JAMS fees and costs. You and Disco Wine Club agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Disco Wine Club will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
Section 15 - Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California.
Section 16 - Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your which account. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Section 17 - Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Section 18 - Miscellaneous
These Terms constitute the entire agreement between you and Disco Wine Club relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, the Sections survive any expiration or termination of these Terms. The failure of Disco Wine Club to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.