Terms & Conditions Effective as of the Following Date: May 15, 2016
This agreement (the “Terms & Conditions”) is a legally binding agreement between you and Gourmet Investment Group, LLC, a Texas limited liability company, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and persons (individuals or corporate entities – the “Family Members” ) that join purchasing benefits program known as “Family Membership” in Monsterville’s Wines as further described on the attached brochure or at https://www.monstervilleswines.com. You are deemed to accept these Terms & Conditions by placing your first order with the Company or attending a Company Event. These Terms & Conditions also apply to persons who choose not to become Family Members but do purchase wine or other products from the Company through an event or through a Company Site as a guest (“Guest”). This Agreement governs all commercial transactions by and between Family Member or Guest and the Company either by email, telephone, or via the website referenced above or any other websites, social media pages and accounts owned by the Company (individually and collectively, the “Websites”), all mobile applications owned by the Company (together with the Websites, collectively, the “Company Sites”). Through the use of the Company Sites and Wine Events (defined below), the Company markets wines and related products directly to consumers who are Family Members or Guests and offers Family Members the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products including travel, dining, education, and other food and wine events (collectively, the “Wine Services”). By using the Company Sites or purchasing products via telephone, at events, or by other means, you hereby agree to the following terms contained in the Terms & Conditions below. If at any time you do not agree to these Terms & Conditions, you shall be deemed to forfeit your Family Membership and future rights to purchase any Wine Services or wines from the Company as a Family Member or Guest.
- Eligibility. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites, utilize the Wine Services, or register as a Family Member. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Sites to minors but the Company is under no obligation to install such protections on the Company Sites. Please contact us for details. We may refuse to register any person or service any order at any time, at our sole discretion.
- Sale of Alcoholic Beverages. The Company’s role in the transactions contemplated by these Terms & Conditions is that of a service provider that enables you, the consumer, to purchase wine and related products directly from the Company or its designated agents and to participate in the services and/or any other product offers offered on the Company Sites. Any wine you purchase through the use of the Company Sites or otherwise from the Company must be for personal consumption only and not for resale.
- Registration; Account; Guest Log-In. To utilize the Wine Services, you will be asked to register for a personal account with the Company as a Family Member (an “Account”), or log in to the Company Sites as a guest (a “Guest Log-In”), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, phone number, email address, date of birth, and method of payment information) (collectively, the “PII”). You represent and warrant that all PII you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide (e.g. credit card, personal check, PayPal account, etc.) in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current PII. If you are a Family Member, you may also utilize the “My Account” feature of your Account, which tracks your order history, status of pending orders, preferences, favorites, credits, and similar personal preferences. If you are not a Family Member with an Account but to instead place orders by using a Guest Log-In, you may contact the Company to review or update the PII you have provided by using the telephone numbers and/or addresses listed below under the heading entitled “Contact Information.”
- Orders. All offers made pursuant to these Terms & Conditions are subject to availability. In the unlikely event that a particular wine selection is currently unavailable, either as part of an individual order or as part of a wine case shipped pursuant to a Family Membership, the Company may choose to substitute of similar style and of equal or greater value will be supplied in your shipment. The Company have the right to refuse orders should they not comply with your state laws or for any other reason and your payment will not be processed for such orders. The Company reserve the right to change product pricing and discounts offered at any time subject to the base level of discounts applicable to each level of Family Membership in effect at the time a Family Member enrolls. In the event product pricing changes with respect to Monsterville’s Wine shipments, the Company will notify you in advance of such price modification and you will have the opportunity to cancel your membership to the Monsterville’s Wine in question prior to being charged for your next shipment.
- Billing; Cancellations.
• Individual Orders. You may cancel pending orders at any time prior to shipment by contacting us, and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your purchase, it will generally be charged by the end of the business day on which you place your order. Once an order has been shipped and your payment has been processed, you may request a refund by following the instruction provided in Section 8 (headed “Replacement Orders; Refunds”) below.
• Family Memberships. You acknowledge and agree that the Company uses a recurring payment system solely in connection with Family Memberships in which the method of payment linked to your Account will be automatically charged for wine ordered in accordance with the shipping schedule set out at the time of the order. Annual Family Memberships will renew automatically unless be cancelled by written notice (email is sufficient if sent to [email protected]) within 30 days of the expiration of your annual renewal date.
Shipping & Deliveries. As we described above, all shipments of orders placed pursuant to these Terms & Conditions are shipped by the Company. Title to such wine and related products and risk of loss passes from the Company to you upon the shipment of your order. The terms of shipment may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you will be responsible for paying, that are applied to your particular individual order of wine or related. The remittance of any and all federal, state, sales use and excise taxes will be paid by the Company related to such wine orders. The Company does not ship to states, counties or cities where shipping wine is prohibited by law. Please inquire before ordering for shipment outside of Texas. Details of delivery rules and exceptions by state can be found here: https://www.monstervilleswines.com. Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.
- Replacement Orders; Refunds. The Company strives to ensure the satisfaction of their customers and provide for a 100% satisfaction guarantee to customers with non-terminated Accounts pursuant to Section 16. In the event of late or non-delivery of your order, if your order is damaged in transit or is incorrect, or you are not satisfied with your order for any other reason, please contact us by using the contact information provided in Section 22 (headed “Contact Information”) below, and we will use our good faith efforts to rectify the issue, subject to all applicable laws. The sole remedy for a Guest or Family Member is refund or replacement of the product plus shipping costs at the price agreed when the order is placed. The Guest or Family Member hereby waive their rights to sue the Company for consequential, punitive, or other damages related to the sale of Wine Services or wines.
- Promotional Offers. By purchasing a Family Membership, you may be eligible to receive various supplemental benefits provided from time to time by the Company and its Brand Partners, including, without limitation, receiving discounts, vouchers, and promotional offers with respect to wine, and related products. You will be notified of these special offers through various channels of communication, including, without limitation, email communications and/or direct mailings. Each such discount, voucher and promotion offered to you will apply only to those specific wines, related products advertised, and will be governed by these Terms & Conditions and the applicable terms of such promotions as communicated to you. You will be required to input the applicable reference code included in the advertisement of the promotional offer prior to purchase, which the Company uses solely for internal marketing purposes to track the manner in which you learned of the promotional offer in question. A particular reference code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable. Again, all offers are subject to availability and the Company reserves the right to change product pricing and discounts offered at any time. There are certain states that do not permit us to honor discounts or vouchers, and such offers are void where prohibited by law. You will be notified prior to purchase if you are located in any such state.
- Customer Conduct. You, as a Guest or Family Member, hereby agree that you are solely responsible for your conduct in connection with your use of the Company Sites. In connection with your use of the Company Sites, you further agree not to engage in any of the following prohibited activities: (i) interfere with or inhibit the use of the Company Sites by other users; (ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others, etc.); (iii) create an account using an alter-ego or by impersonating a third party, or create any other false account; (iv) create an account if you are under twenty-one (21) years of age; (v) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites; (vi) post any comment or product review on the Company Sites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vii) use the Company Sites in a manner that would violate any of the terms and conditions contained in these Terms & Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms & Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
- Intellectual Property
The Company grants you the limited right to access and make use of the Company Sites as a user. The Company Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Sites (the “Content”) are owned by or licensed to the Company. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms & Conditions shall be construed to convey any property right or license to the Content unless expressly provided to the contrary.
- Third Party Servicers; Release. You may have contact or other interaction with third parties in connection with clicking third party links on the Company Sites and being directed to third party websites (the “Third Party Servicers”). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Servicers (“Third Party Claims”). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS.
• THE COMPANY SITES AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITES IS SOLELY AT YOUR OWN RISK.
• YOU ALSO HEREBY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, IF APPLICABLE, OR ANY OTHER SIMILAR LAW OF ANY JURISDICTION, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS FOR WHICH THE “CREDITOR” DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM AT SUCH TIME, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE “DEBTOR”.
- Termination. The Company reserves the right to terminate your Account and/or any Family Memberships at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in Section 22 (headed “Contact Information”) below. You acknowledge and agree that any orders placed and received hereunder before such termination are non-refundable. Sections 13-24 of these Terms & Conditions shall survive any such termination.
- Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Any such changes to these Terms & Conditions will become effective immediately and your continued use of the Company Sites and your Account following such notification will be deemed as confirmation of your acceptance of such changes. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites.
- Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers and members harmless from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) (“Loss”) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity (“Claim”) made or brought against us, and caused by, arising out of, resulting from, or in any way attributable to: (i) your use of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using your computer or Internet access account.
- Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY SITES, YOUR PLACEMENT AND DELIVERY OF ORDERS OF WINE, OR YOUR REGISTRATION AS A FAMILY MEMBER, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
- Governing Law. These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of Texas pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles
- Dispute Resolution and Limitation of Damages
The Company and each Family Member and Guest hereby waive the right to a trial by jury and agree to participate in mediation in Houston, Texas prior to filing any cause of action. Such mediation shall be conducted by a mediator chosen by mutual agreement of the counsel to the parties to the dispute and shall take place no more than thirty (30) days following the receipt of written notice of a dispute delivered by certified mail or personal delivery. Damages to Guests or Family Members are limited to replacement or refund or amounts owed and expressly exclude consequential, punitive, and other damages. The Guests and Family Members expressly acknowledge that the consumption of alcohol is an inherently dangerous activity with various known and unknown adverse health consequences. The Company shall not be held liable for any damages related to the consumption of the wines or other products delivered.
- Contact Information. If you have any questions or comments about your orders made in connection with the Wine Services, Family Membership registration, your Account, your PII, the Company Sites, or any other questions or comments relating to our products and services, please contact us at:Email: [email protected]
Attention: Customer Service
13655 Bissonnet St. Suite 201
Houston, Texas 77083If you send us an email that asks for a response or for which there is a deadline, and you do not receive confirmation or a response within ten (10) business days, please send another email as we may not have received your previous email. When you send an e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.
- Notice for California Users. Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at [email protected].
• Severability. In the event that any provision of these Terms & Conditions (other than Subsection 21(e)) is declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
• Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices shall be sent to the following email address provided in Section 23 (headed “Contact Information”) above.
• Assignment. These Terms & Conditions are personal to you as a Guest or Family Member and your Account. You may not assign these Terms & Conditions without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will inure to the benefit of the Company’s successors, assigns and licensors.
• Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
• Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest, or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.
• Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.
• Errors and Inaccuracies. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites.
Monsterville’s Wines owns and operates this website. We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:
- Your personal information is not required to visit https://www.mymonsterwines.com
- Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on https://www.mymonsterwines.com and during the ordering process
- Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
- Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
- System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
- Your information is maintained on a secure web server in what we believe to be a well protected environment.
- Monsterville’s Wines only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
- Monsterville’s Wines makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.
https://www.mymonsterwines.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, Monsterville’s Wines, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on https://www.mymonsterwines.com, feel free to contact Customer Service.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting our Customer Service.
Notification of Changes
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.