Effective Date: January 24, 2016. Last Updated: January 24, 2016.
These TOU apply to both those who access the Site but do not have accounts (“Visitors”) as well as those who register to make purchases through the Site (“Consumers”) collectively (“User(s),” “Parties,” “You,” or “Your(s)”). In order to use the Services, you must first agree to the TOU. You may not use the Services if you do not accept the TOU.
You can accept the TOU by clicking to accept or agree to the TOU, where this option is made available to you by Taylored Wines in the user interface of the Services, or by accessing or using the Site you signify that you have read, understand and agree to be bound by these TOU. If you do not agree to these TOU, please do not use this Site.
You may not use the Services and may not accept the TOU if you are not of legal age to form a binding contract with Taylored Wines, or you are a person barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are a resident or from which you use the Services.
is an Illinois Corporation with its principal office in Chicago, IL. References in these TOU, the Site or Software to “Taylored Wines” “Company,” or “Taylored” refers to that Illinois Corporation, or as appropriate in the historical context, to a predecessor entity if applicable.
Taylored Wines is a marketplace for boutique wines. It’s primary and intended purpose is to facilitate the marketing of boutique wines to consumers, providing an easy way for consumers to buy wine directly from multiple wineries. No inventory is kept, and all orders are fulfilled by individual wineries, not Taylored Wines.
Our Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. If you do not qualify, please, do not use the Services. Because the Services are launching within the United States, Users must be at least 21 years of age. Taylored Wines may in it’s sole discretion refuse to offer the Services to any person or entity and change any eligibility criteria at any time. You are solely responsible for ensuring that these TOU are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these TOU or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Our Services act only as the marketplace for Wineries to conduct sales with Consumers and Taylored Wines is not involved in the actual transaction between the Parties. As a result, Taylored Wines has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the Wineries to sell the items or the ability of the Consumers to buy items. We cannot and do not control whether or not Wineries will complete the sale of the items they offer or if Consumers will complete the purchase of items they have selected to their cart. In addition, there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. Because User identification on the internet is difficult, Taylored Wines cannot and does not confirm that each user is who they claim to be.
To use certain Services or access certain areas and features of the Site or other information as it may be provided from time to time through the Services, you may be required to register for Services. Taylored Wines will require at a minimum that you provide an electronic mail address and zip code. You shall not: (i) input a name of another person with the intent to impersonate that person; (ii) use a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a name, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Selling wine in the United States is a highly regulated activity. In addition to federal rules, there are state and local laws that vary by jurisdiction. You must comply with all relevant laws when using Taylored Wines because nothing about the internet or Taylored Wines makes an activity legal that is otherwise illegal. Taylored Wines does not represent that you are legally able to sell wine or ship wine. You are responsible for investigating and complying with the laws of your jurisdiction with respect to your listings. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Listings are text descriptions, graphics and pictures on the Site supplied by you that either textually describe the item you are listing for sale, or link to the text, graphics and picture(s) describing the item listed for sale.
By submitting, posting or displaying any content on or through the Services, you give Taylored Wines a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you submit, post or display on or through the Services. Taylored Wines reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services. You confirm and warrant to Taylored Wines that you have all rights, power and authority necessary to grant the above license.
Wineries who receives orders or sales leads through the Services must receive payment through the Services relating to those Consumers. Taylored Wines will terminate a Wineries access to and use of the Services if such Winery is found to be accepting payment outside the Site for Consumers found through the Services. Similarly, without limiting any other remedies, Taylored Wines may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site. Furthermore, you may not manipulate the price of any item or use bait and switch methods, nor may you interfere with other User’s listings or transactions.
By adding item(s) to your cart and creating an account to check out, you agree to be bound by the conditions of sale included in the item(s) description so long as those conditions of sale are not in violation of this Agreement of unlawful. As a Consumer, if you purchase an item, the sale is final subject with respect to Taylored Wines once your product has been shipped or is delivered, a Winery may handle refunds separate and apart from the Site.
You may even order from multiple Wineries in a single order. Although one order may include items from multiple Wineries, the terms of sale for each item are subject to the particular Winery. Accordingly, in a single order You may be able to complete your order for a particular item but rejected on additional items. The rejection of an order or portion of an order can be for various reasons including, the product being out of stock, or if the Winery the item You have chosen does not ship to the State you live, but the other item(s) you are purchasing are from a Winery that may do so. When a Winery rejects your order, your money will be refunded by the Winery through the Site. You must also be aware that when you order from more than one Winery, your shipments may arrive at different times, different means and/or packaging.
Furthermore, Taylored Wines may from time to time allow Users to refer others to the Site in exchange for referral program “credits” towards their next purchase on the Site. Any referral credits provided to a User would in no instance be redeemable for cash, and may not be sold, transferred, mortgaged, assigned, and/or pledged by any User. Should you choose to share a referral code, your use signifies your agreement to be bound by these TOU in their entirety.
For purposes of these TOU, the term “Services” and “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services by Taylored Wines and does not included any “User Content” of which is any content not included under the definition of Services.
The Services may contain content specifically provided by us, our partners or our other Users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these TOU, Each User is granted a worldwide, non-exclusive, non-sublicensable and non- transferable license to use (i.e., display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from Taylored Wines. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Taylored Wines does not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to Users and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that Users may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
© 2014-2016 Taylored Wines, Inc., Chicago, Illinois. All rights reserved. Taylored WinesTM
The trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Taylored Wines or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. Taylored Wines is the trademark of Taylored Wines, Inc.
All content included on or in the Services is the copyright property of Taylored Wines. All content is protected by United States and international copyright laws, including by the Berne Convention.
The compilation of all content on this site is the exclusive property of Taylored Wines and protected by copyright laws. All software used on this site is the property of Taylored Wines except as it belongs to third parties or is considered open source. If you believe any content or material herein infringes your copyright, you must give Taylored Wines notice under the Digital Millennium Copyright Act (17 U.S.C. 512, the “DMCA”), by contacting our copyright agent at IP@tayloredwines.com and following our DMCA Notification Procedure.
As a condition of use, Users must not use the Services for any purpose that is prohibited by these TOU. Users are responsible for all of their activity in connection with the Services. Taylored Wines does not claim ownership over any User Content submitted on or through the Services. Your User Content belongs to you. However, by registering for an account and uploading User Content to the Services, Users agree to the following:
a. Users shall not contact Taylored Wines in such a way through the Services that could be construed in Taylored Wines’ sole discretion as unauthorized advertising, junk or bulk e-mail (“spamming”) or in connection with information fishing for competitive purposes.
b. Users shall not permit or cause the transmission, placement, sharing or other equivalent action containing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
c. Users shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all and international laws and regulations.
d. Users hereby acknowledge that they understand such uses or behavior will cause Taylored Wines harm and under such circumstances entitles Taylored Wines to bring an action or actions against a User for damages to the extent permitted by law.
e. Taylored Wines also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or government request, (ii) enforce these TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
f. User agrees that Taylored Wines has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services. User acknowledges that Taylored Wines may establish general practices and limits concerning user of the Services and may modify such practices and limits from time to time. Taylored Wines retains the right to create limits on use and storage at it’s sole discretion at any time with or without notice. You acknowledge that they reserve the right to log off Users who are inactive for an extended period of time.
The Services may contain links to other resources, websites, or services etc. When Users access third party resources on the Internet, they do so at their own risk. These other resources are not under Taylored Wines’ control, and User acknowledges that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an endorsement or any association between Taylored Wines and third-party operators. You further acknowledge and agree that Taylored Wines shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
As stated in Section 4, the Services act only as the marketplace for Wineries to conduct sales with Consumers and Taylored Wines is not involved in the actual transaction between the Parties. As a result, Taylored Wines has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the Wineries to sell the items or the ability of the Consumers to buy items.
To process Consumer-to-Winery payments, we use a third-party payment processor (the “Payment Processor”), Stripe, to complete your transaction. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these TOU. We are not responsible for error by the Payment Processor. Users agree to make payments through the Payment Processor with all charges at the prices then in effect for any Winery listings in accordance with the applicable payment terms and authorize Taylored Wines, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). Users agrees to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
As stated in Section 6, as a Consumer, if you purchase an item, the sale is final subject with respect to Taylored Wines, however a Winery may handle refunds separate and apart from the Site. IF YOU WISH TO CHANGE YOUR PAYMENT METHOD, SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT TAYLORED WINES BY EMAIL AT firstname.lastname@example.org.
Taylored Wines reserves the right to terminate a Users account at any time to protect the best interest of the Services and it’s other Users. All provisions of these TOU which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Under the circumstances, we do not and cannot be involved in Consumer-to-Winery dealings, in the event that you have a dispute with one or more Users, you release Taylored Wines, it’s agents and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims 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 must have materially affected his settlement with the debtor.”
USER HEREBY AGREES THAT THE MATERIAL, AND ALL OTHER CONTENT PROVIDED TO YOU BY TAYLORED WINES, ARE PROVIDED ON AN”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, AND TRIBE EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY TAYLORED WINES, IS BORNE EXCLUSIVELY BY YOU. SHOULD ANY SERVICE PROVIDED BY TAYLORED WINES, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT TAYLORED WINES, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL TRIBE, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAYLORED WINES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAYLORED WINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES.
IN PARTICULAR, AND WITHOUT LIMITATION, TAYLORED WINES WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICES, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR LISTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICES; OR (4) AS OTHERWISE PROVIDED IN THESE TOU. UNDER NO CIRCUMSTANCES WILL TAYLORED WINES’ TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT PAID BY AND RETAINED BY TAYLORED WINES OR $100.
You shall defend, indemnify, and hold harmless Taylored Wines and related parties and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, Content, or otherwise from User Content (content a User has added to Taylored Wines or added by Taylored Wines on behalf of a User), violation of these Terms of Service, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will assist and cooperate with Taylored Wines in asserting any available defenses.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or it shall be barred. These TOU shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these TOU shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Illinois in it’s Northern District.
The TOU are subject to change by Taylored Wines at any time in its sole discretion and User agrees to be bound by all modifications, changes and/or revisions. If Users do not accept to be bound by any and all modifications, changes, and/or revisions of this agreement, Users may not use the Services at tayloredwines.com.
These TOU contain the entire agreement between the You as the User, and Taylored Wines regarding Users’ use of the Services, and all materials directly and indirectly related thereto. This TOU agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Taylored Wines.
If any provision of this TOU agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The parties nevertheless agree to endeavor to give effect to our intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. Failure by Taylored Wines to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.
Taylored Wines shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These TOU are personal to You as the User, and are not assignable, transferable or sub-licensable by the User except with Taylored Wines’ prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You as the User and Taylored Wines is intended or created by these TOU.
Unless otherwise specified in these TOU, all notices under these TOU will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
The section and paragraph headings in these TOU are for convenience only and shall not affect their interpretation.
Taylored Wines, Inc.
PO Box 147472 Chicago, IL 60614