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Vintner’s Daughter
Terms
TERMS OVERVIEW
This website (the “website” or “site”) is operated by Vintner's Daughter. Throughout the site, the terms “we”, “us,” and “our” refer to Vintner's Daughter and the terms “you” or “your” refer to all visitors and users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Vintner's Daughter offers this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting or using our site, using any other website or social media page or account operated by Vintner’s Daughter , or purchasing or using our products, you engage in our “Services” and agree to be bound these terms and conditions (the “Terms of Service”, “Terms”, or the “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement constitutes a legally binding contract between you and Vintner’s Daughter. If you do not understand this Agreement, or do not agree to be bound by it, our Privacy Policy, and other additional policies, you may not access or use the site or Services.
Any new features or tools added to the site or Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide our Services to you.
PLEASE NOTE THAT THE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS.
SECTION 1 – ELIGIBILITY; YOUR USE OF THE SITE AND SERVICES
By accessing and/or using the site or Services, including by doing so after accessing this Agreement, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Subject to your compliance with these Terms, Vintner’s Daughter grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the site and/or Services. No part of the site or Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted or otherwise exploited for any commercial purpose without the prior express written consent of Vintner’s Daughter. All rights not expressly granted in this Agreement are reserved by Vintner’s Daughter. Without limitation, this Agreement grants you no rights to the intellectual property of Vintner’s Daughter or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Vintner’s Daughter, you have breached any provision of this Agreement.
The products and Services on the site are intended for personal, non-commercial purposes only. You agree to use the site only for lawful, noncommercial purposes and in compliance with all international federal, state, and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the site. A breach or violation of any of the Terms may result in an immediate termination of your access to the Services.
SECTION 2 - USER ACCOUNT, ACCURACY, AND SECURITY
To access and use certain parts of the site or Services, or to place an order or enter into a subscription, you may be asked to create a user account, and to provide information that personally identifies you.
You represent and warrant that all user information you provide in connection with your account and your use of the website or Services is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any account, username, likeness, or profile) to impersonate another person, whether actual or fictitious. If Vintner’s Daughter believes in its sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the website or Services, or to terminate or suspend your access at any time, or both. For additional information on your ability and rights to access, update, and correct your personal information, see our Privacy Policy.
When you create an account, you may be asked to provide a username, password, email address, and possibly other information to secure your account. You are entirely responsible for maintaining the confidentiality of your password and other login credentials. You may not use the username or password of any other person, nor may you share your username and password. You agree to notify us immediately of any unauthorized use of your account. Vintner’s Daughter shall not be liable for any loss that you incur because of someone else using your account, either with or without your knowledge. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of Vintner’s Daughter to do so.
SECTION 3 – USER CONTENT
From time to time, you and other users of the site may have an opportunity to post content on the site. When you post, upload, transmit, email, share, distribute or otherwise make available any comments, suggestions, ideas, inquiries, data, text, graphics, images, messages, music, sound, videos, suggestions or other materials (“User Content”) on or to the site, you are entirely responsible for such User Content. You understand that, subject to our Privacy Policy, any User Content that you post on the site will be treated as non-confidential and non-proprietary to you and may be viewed by us and/or other users of the site. Vintner’s Daughter does not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein and expressly disclaims any and all liability in connection with User Content submissions.
You agree not to post any of the following types of User Content: (i) infringing User Content, i.e., User Content that does not belong to you and for which you have not obtained permission to post from the owner; (ii) any User Content that is false, defamatory, obscene or misleading; (iii) any User Content that violates any right of any other person or entity, or any applicable law or ordinance; (iv) any User Content that contains computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the site; (v) any User Content that contains unauthorized advertising or that constitutes spam; (vi) any User Content that would reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
When you post prohibited User Content, it creates legal problems for you and Vintner’s Daughter. If a third-party asserts any legal claims against us regarding your User Content, you agree that you will indemnify, defend, and hold us harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your User Content. We reserve the right to remove or edit your User Content, but we have no obligation to do so, and we do not conduct such reviews as a matter of practice.
You are the owner of your User Content, but you agree to grant Vintner’s Daughter a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.
If your User Content contains any reviews or comments—including reviews of the site, Services, and our products, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted to your User Content, we will have the right to republish all or part of your reviews and comments on the site, our social media accounts, advertising, and other media as we deem fit.
SECTION 4 – PRODUCTS AND PRODUCT INFORMATION
The products and Services available on the site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell, resell, or make any other commercial use of the products or Services that you purchase from us.
Certain products or Services may be available exclusively online through the website. Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The availability of the products and Services, and the descriptions of such products and Services, may vary based on location and timing. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. All of the site’s material and information is offered solely for personal, educational, or informational purposes. The information, materials, statements, products, and Services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings, and guidelines. Please always check each product’s ingredients to avoid potential allergic reactions. Any statements offered about products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. Our products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the product’s failure could create a situation where personal injury or death may occur.
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products.
SECTION 5 – PAYMENTS; SUBSCRIPTION PROGRAM
You agree to pay Vintner’s Daughter all fees associated with any purchase of product or Services made by you through the site, including for any enrollment in our Subscription Program. All transmissions of payment information through the site are secured with Internet-standard encryption. You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Vintner’s Daughter.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Some products and Services may be offered or provided as part of our Subscription Program, which is paid for on a subscription basis. Examples include the ability to receive product samples, skincare concierge services, free priority U.S. shipping, and so forth. The details of your subscription to our Subscription Program, such as timing and amount of each payment, the services included, and any restrictions or limitations thereon, will be conveyed to you when you first enroll. By enrolling in our Subscription Program, you understand and agree that your credit or debit card on file will continue to be charged for additional billing periods (e.g., monthly, bi-monthly) until you change or cancel your subscription.
To change or cancel your enrollment in our Subscription Program, you may either log into your subscription account or contact your Subscriber Concierge for assistance.
We may find it necessary from time to time, and out our exclusive discretion, to change the fees associated with the Subscription Program and we reserve the right to do so. We will not increase rates for the Subscription Program without giving you advanced notice and an opportunity to cancel your subscription before incurring the increased fees. If you fail to cancel your subscription during this window, you will be charged the increased fees.
Vintner’s Daughter accepts returns and offers refunds in limited cases. For complete details regarding returns, refunds, and shipping, including important deadlines please review our Shipping & Returns Policy or contact customercare@vintnersdaughter.com for assistance. The Shipping & Returns Policy is incorporated herein by reference.
SECTION 6 – DISPUTE
Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE, PRODUCTS AND SERVICES, THIS AGREEMENT, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this arbitration agreement, you would have the right to sue in court with a jury trial.
The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home, or if both parties agree, via videoconference. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The laws of California govern this Agreement. The arbitrator will apply California law to the claims in the arbitration.
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.
The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.
There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either party can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts located in or nearest to San Francisco, California. This exception for equitable relief does not waive our arbitration agreement.
You and Vintner’s Daughter agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
SECTION 7 – INTELLECTUAL PROPERTY RIGHTS
Our name, logo, product names, website, the website domain, and all product design, content and other intellectual property associated with the products, Services and website other than your User Content (collectively, the “Company IP”) are trademarks, copyrights, trade dress, patents, and other intellectual property that are owned by Vintner’s Daughter and our third-party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in, or the validity of, the Company IP
Vintner’s Daughter respects the intellectual property rights of others.
If you are a copyright owner or an agent thereof and believe that any User Content or other content on the site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C § 512I(3) for further detail):
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective. You may send your notice to customercare@vintnersdaughter.com. After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request. This notification process does not limit our ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights.
SECTION 8 – NO RELIANCE ON THIRD-PARTY CONTENT, LINKS, OR TOOLS
The site or Services may contain or be linked with the content, mobile apps or websites of other users and third parties, some of whom may have established relationships with Vintner’s Daughter and some of whom may not.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Opinions, advice, statements, or other information made available through the site or Services by third parties are those of their respective authors and should not necessarily be relied upon. Those third-party authors are solely responsible for their content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any third-party content accessible on or through the site or Services, or (ii) adopt, endorse, or accept responsibility for such third party content.
We may also provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 9 – PRIVACY
We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information. You can find our Privacy Policy, which is incorporated into these Terms, here. By using our site, you agree to the terms of the Privacy Policy.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right, at any time in our sole discretion, to modify suspend or discontinue the site, Services, or any services, content, feature or product offered through the site, with or without notice, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes and that we shall not be liable to you or to any third party for any modification, suspension, discontinuance of the site, Services or any services, content, feature or product offered through the site.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to delete your account and/or terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the site or our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
THE SITE, ITS CONTENT, THE SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE SITE, ITS CONTENT, THE SERVICES, AND PRODUCTS. YOU AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, THE SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK.
YOU AGREE THAT VINTNER’S DAUGHTER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, ANY INACCURACIES OR OMISSIONS IN CONTENT AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL VINTNER'S DAUGHTER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 13 - INDEMNIFICATION
In addition to any other indemnification obligations expressly stated in this Agreement, you agree to indemnify, defend and hold harmless Vintner's Daughter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any third party (including your insurance company) claim for property damage, personal injury (including serious bodily harm and death), economic losses, attorneys’ fees, expenses, or any other damages or loss (in each instance, a “Claim”) arising out of or relating to: (i) your breach of this Agreement, (2) your use of the site or Services, (3) your User Content, (4) your violation of applicable laws, and/or (4) your violation of the privacy, intellectual property, or other right of any third party. The foregoing indemnification obligations may not be enforceable in some jurisdictions, so such obligations may not apply to you.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By registering for an account and/or providing your name, email, postal or residential address, and/or phone number through the site or Services, you expressly consent to receive electronic and other communications from Vintner’s Daughter periodically, including email and mail. Vintner’s Daughter may also obtain your separate express consent to receive communications from us, including marketing, by text message to the mobile number you provide to us, where messaging and data rates may apply, dependent on your cellular plan. These communications will be about the Services, our products, new offers, your subscription, promotions, and other matters. You may opt out of electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to customercare@vintnersdaughter.com.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. Message frequency varies. To opt out of receiving text messages, text the single keyword command STOP to +1 (844) 917-4403 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 917-4403 or email customercare@vintnersdaughter.com. We may change any short code or telephone number we use to operate the Services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Services or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Services, any errors in such information, and/or any action you may or may not take in reliance on the information or Services.
You agree that these electronic communications, whether via email or text, satisfy any legal requirements that communications or notices to you be in writing.
SECTION 18 - CHANGES TO THE TERMS OF SERVICE AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service or our Privacy Policy at any time upon notice to you (including by posting updates and changes to our website or sending you a change notice). It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service or our Privacy Policy constitutes acceptance of those changes. Unless Vintner’s Daughter obtains your express consent, any revised Privacy Policy will apply only to information collected by Vintner’s Daughter after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customercare@vintnersdaughter.com.