Welcome to the Internet site “www.drinkwell.wine” by Drinkwell, LLC.
PLEASE NOTE THAT YOUR USE OF THE WWW.DRINKWELL.WINE SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY DRINKWELL.WINE
FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the Drinkwell Site:
• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of the site or Drinkwell computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• Frame or link to the Drinkwell Site except as permitted in writing by Drinkwell, LLC.
The Sale of Alcoholic Beverages
Drinkwell does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Drinkwell makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from www.drinkwell.wine is over the age of 21. You also agree that any alcohol purchased from www.drinkwell.wine is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Drinkwell, LLC will prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from producer to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, the producer is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Drinkwell, LLC, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Drinkwell. Drinkwell neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Drinkwell Site by anyone other than authorized Drinkwell employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Drinkwell hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Drinkwell does not sponsor or endorse any of these companies or their services.
The Drinkwell Site may contain links to other web sites or resources. You acknowledge and agree that Drinkwell is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Drinkwell Site does not imply that Drinkwell endorses the linked site.
Producer agrees to ship all wine directly to the customer. FOB location may be the Producer’s official address of business, or a surrounding storage house/logistics operator. Consumer agrees to pay $4 per bottle. Shipping is included on all case purchases FROM THE SAME PRODUCER. All orders will be processed within 1 business day, and all shipments FOB within three working days. Shipping times are subject to distance of customer from producer.
Protection of Content Provided by Drinkwell, LLC and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Drinkwell Site (“Site Content”) are copyrighted materials owned by or licensed to Drinkwell. The Site Content may contain trademarks, service marks and trade names which are owned by Drinkwell and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Drinkwell, its affiliates, or third parties. www.drinkwell.wine is a trademark of Drinkwell, LLC. Unless authorized in writing by an officer of Drinkwell, Drinkwell’s trademarks may not be used in connection with any product or service that is not Drinkwell’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Drinkwell. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Drinkwell or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Drinkwell Site. Nothing contained in the Drinkwell Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Drinkwell, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Drinkwell, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Drinkwell, LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Drinkwell’s Designated Agent the following information:
1. Drinkwell’s Policy Concerning Claims of Infringement a. Written Notice of Copyright Claims. Claims of infringement should be in writing and should be directed to Drinkwell’s designated agent as specified below. Please include the following information:
2. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
3. A description of the copyrighted work that you claim has been infringed;
4. A description of where the material that you claim is infringing is located on the site;
5. Your address, telephone number, and email address;
6. 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;
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Return Policy: All sales to the customer are final. In any of the following events, Drinkwell, LLC will be the sole party that communicates/remedies any customer issues. The following is a list of possible issues and who will be responsible:
1. Wine damaged in transit will be the responsibility of the Producer in conjunction with the chosen logistics company.
2. Incorrect wine sent will be the sole responsibility of the Producer.
3. Flawed wine will be the responsibility of the Producer.
4. Customer dissatisfaction will be the responsibility of Drinkwell, LLC.
Drinkwell, LLC will give you any necessary notices by posting them on the Drinkwell Site. You authorize Drinkwell to send notices via electronic mail as well if Drinkwell decides, in its sole discretion, to do so. You agree to check the Drinkwell Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Drinkwell Site.
Disclaimer of Warranties
ALTHOUGHDRINKWELL ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE DRINKWELL SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE DRINKEWLL SITE. DRINKWELL DOES NOT WARRANT THAT YOUR USE OF THE DRINKWELL SITE, OR THE OPERATION OR FUNCTION OF THE DRINKWELL SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE DRINKWELL SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. DRINKWELL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE DRINKWELL SITE. THE DRINKWELL SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL DRINKWELL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DRINKWELL SITE, THE USE OR PERFORMANCE OF THE DRINKWELL SITE, THE DELAY OR INABILITY TO USE THE DRINKWELL SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DRINKWELL SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
DRINKWELL SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRINKWELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DRINKWELL SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DRINKWELL SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS DRINKWELL’S LIABILITY OR YOUR REMEDIES.
Effective date: October 1, 2016
HOW WE COLLECT AND USE INFORMATION
Personally Identifiable Information (“PII”)
We may collect personally identifiable information (“PII”) such as your name, your contact information, your shipping information, and your billing information (such as credit card account data). We collect PII when you provide it to us through your use of the Drinkwell Services, for example when you interact with our websites, place an order, or sign up for our mailing list. We also receive limited PII when you choose to download or request the App. We may combine the PII we collect with additional information from other third-party sources.
We use the PII that we collect to provide the Drinkwell Services (such as to process and ship your orders or respond to customer service requests), to analyze and improve the Drinkwell Services, and to conduct marketing. If you register for email or if you provide your email address to us, we will send you emails about a variety of topics such as store events, new products, special sales, promotional offers from our affiliates or other selected business partners, environmental issues, and employment opportunities. Please see below for your choices regarding how we collect, use, and share your PII.
We share email activity data with our marketing email provider to help them better target email deployments to consumers. While our marketing email provider has access to email address and email activity and may share bulk/non-specific activity data, no Email addresses or specific email actions are ever shared with other third parties. Should a consumer wish to opt out of this sharing, that consumer simply needs to opt out of marketing email from us.
Our App uses the GPS feature of your mobile device to determine the location of the device. We and our third-party vendors or partners may collect and use this geographic location data for purposes such as the functioning of the App, to make our advertising more relevant, and to improve Drinkwell Services. For example, we use the location information to provide the address and directions for the nearest Drinkwell retail location. We do not store geographic location data in combination with PII. If you do not want us or third parties to collect and use your device’s geographic location, you can control this function in your application settings (if your device offers this type of control), by disabling location services for your device, or by uninstalling the App, but these choices will affect your ability to use the App.
We automatically collect certain non-personal information when you use Drinkwell Services. For example, we collect information about the devices you use to connect to our services (such as the IP address of your computer or numeric identifier of your mobile device) and about how you use Drinkwell Services (such as what time you visit our websites). We, and our advertisers and ad servers, may also collect non-personal information outside the Drinkwell Services to measure the success of our advertising campaigns. We use the non-personal information that we collect for a variety of purposes such as to provide and improve the Drinkwell Services, and to analyze and offer our advertising.
Our website also uses third-party analytics vendors such as Google Analytics. Please click here for more information about how data is collected and processed in connection with the Google Analytics service: www.google.com/policies/privacy/partners/. We and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our websites, to help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns.
Information You Post
All information that you share about yourself, whether PII or not, in a public open forum – such as on a social network – will be considered public information for the purposes of this policy. If you don’t want it to be public, please don’t post it.
HOW WE SHARE INFORMATION
We do not disclose your PII to third parties, except as follows:
• After giving you notice and an opportunity to choose not to share the information
• To companies that provide services to us or perform functions on our behalf (such as processing credit card payments or taking orders) and have agreed to use your information only for the purposes we request
• For us to send offers to Drinkwell customers on behalf of our affiliated companies and on behalf of other non-affiliated partners (such as environmental groups that we support)
• To producers (wineries) that sell wine through Drinkwell Services, we may disclose your name, postal address and email (but not credit card information) so that they can email/mail you information that may interest you
• When we believe disclosure is appropriate to comply with applicable law, legal process, and/or governmental authorities
• If we are involved in a merger, acquisition, bankruptcy, partial or total sale of assets, or other corporate change
We may disclose de-identified, aggregated, or other non-personal information to third parties in our discretion. The Drinkwell Services or our offerings on social media platforms may include commenting, forums, sharing, or other similar features. Information that you provide using these features may be available to other users or the general public.
With your PII – like the information you give us to fulfill an order – you have the option to change or correct your information and the choice of not hearing from us again. There are several ways you can control our use of your PII in connection with marketing and promotions.
To remove your name from our lists. You can choose to decline communications from us at the point that we request your PII. After we have collected your PII, you can choose to stop our communications or our service, or stop us from sharing your information with other companies for their marketing purposes. To exercise any of these options, please contact us by mail, email, or telephone using the contact information below.
To stop email communications. If you receive email communications from us and want to opt out of receiving such communications in the future, you can click the “Unsubscribe” link at the bottom of the promotional email.
To stop collection of geographic location. If you do not want us to collect your device’s geographic location through our App, you can disable that function when you first use the App or in your device settings. This will prevent you from using some features of the App.
CORRECTING OR UPDATING YOUR INFORMATION
If you would like to request changes to the PII that you have previously provided to us, please contact us by mail, email, or telephone using the contact information below.
Most browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. For instructions, check your browser’s technical information. However, if you reject or delete cookies then this may disable or interfere with features of the Drinkwell Services or other websites you visit. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our sites.
We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are using the Drinkwell Services and elsewhere on the Internet. This practice is known as interest-based advertising. You may visit www.aboutads.info to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. We do not operate or control this site, and are not responsible for the opt-out choices available there. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.
The online Drinkwell Services are not intended for the use of individuals under the age of 13, and we do not knowingly collect information online from individuals under the age of 13.
LINKS TO THIRD PARTIES AND SOCIAL MEDIA
Our websites and App may contain links to third-party online properties. Such third parties have their own policies that govern their collection, use, and disclosure of information. We suggest that you read their privacy policies to learn about their practices.
Social media provides tools that many of our customers use and enjoy, and we include links to various social media platforms on our websites. If you interact with these social media tools through our websites, your experience on those social media sites will be governed by the privacy and other policies of those sites. So, the privacy settings you have chosen on those sites will determine the degree to which your information is made public. We encourage you to choose your privacy settings on those sites accordingly.
SAFEGUARDING YOUR PII
We have reasonable and appropriate physical, electronic, and administrative measures in place to safeguard the security of your personal information. However, when you communicate with customer service via email or chat on our websites, these communications may not be encrypted. For that reason, we ask that you do not share sensitive information via these communication channels.
1451 Belmont Street Northwest
Washington, DC 20009