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Terms of Use

Terms of Use for Cal Wine Cellars

The following terms and conditions (the “Agreement”) govern all use of the www.calwinecellars.com website (the “Site”) and the products and services available at the Site (taken together with the Site, the “Service”). The “Terms” consist of these Conditions of Use, the Cal Wine Cellars Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by Cal Wine Cellars www.calwinecellars.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections, and all products or services accessed through the Site. These Terms constitute a binding legal agreement between you (“the customer using Cal Wine Cellars website”) and Cal Wine Cellars, Inc. and its successors, subsidiaries, affiliates and merchant partners. By using the Sites and/or Services, you agree to these Terms.

Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Certain services available at the Site may be subject to additional terms and conditions. To the extent such terms and conditions conflict with this Agreement, such additional terms and conditions shall control.

IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THESE TERMS.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. Company’s current privacy policy is available at Cal Wine Cellars website (“Privacy Policy”). Company strongly recommends that you review the Privacy Policy closely, company reserves the right to make and publish changes at any time.

Use of the Site and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • are 21 years of age or older

  • will comply with these Terms

  • will not attempt to use a prepaid voucher more than one time at any merchant’s business

  • will not make copies or in any way attempt to recreate and/or redeem a voucher or unique voucher code to be used falsely at any place of business

  • are not prohibited by law from accessing our Site and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;

  • are not acting on behalf of a person whose access to our Site and/or Services has been previously terminated or otherwise denied by us

  • will not impersonate another user of the Site and/or Services

  • will not impersonate that they are over the age of 21 if they are underage

Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal use. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.

User certifies to Company that User is at least 21 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. Any User that is not 21 years of age is not allowed to purchase or redeem any such services from the Cal Wine Cellars website. Sale is null and void for anyone under the age of 21, no refunds will be made to underage persons. Merchants are NOT required to honor any such vouchers to these person(s) at any time.

Restrictions

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement. User shall not engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive or otherwise deemed by Company, in its sole discretion, to be inappropriate for distribution; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Service for, as a part of, or in connection with any illegal purpose whatsoever.

Alcohol-Related Activities

Cal Wine Cellars provides Users with the option to engage in activities related to wine tasting, wine tours, wine adventures, and other wine-related or alcohol-related experiences. Our Users need to use caution when engaging in these activities and be responsible with the use of alcohol. The Merchants we partner with are independent contractors and not agents or employees of the company. Our Merchants and our Company (Cal Wine Cellars, Inc.)  are NOT liable for any acts by the USER related to personal injuries, death, property damage, or other damages or expenses resulting therefrom the use of alcohol or any other related activities in relation to the use of the purchase of a voucher on Cal Wine Cellars website.

Registration

In order to make any purchases you will need to register by creating an account with Cal Wine Cellars. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to Cal Wine Cellars and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Cal Wine Cellars may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

You are solely responsible for any and all access to the Site and/or purchases made by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Customer to Provide Merchant with Identification

When booking a Wine Tasting Experience with our merchants, User will have to provide certain identifying information (such as name, telephone number, drivers license or email address) that will be used by the Merchant to confirm User’s identity prior to participation in the Experience. For security purposes, a Merchant may require that User present a valid Photo ID, such as a passport or driver’s license. This is for identification purposes and helps Company, and Merchants, prevent fraud. You must present a valid voucher (proof of purchase) to the Merchant for redemption or be able to present confirmation of purchase at time of redemption, or Merchant does not have to honor the “promotion” at that time. Cal Wine Cellars is not responsible for misplaced vouchers, please contact us if you are not able to access your account to retrieve your voucher.

Deals

Cal Wine Cellars provides consumers with opportunities to purchase certain products and services (each a “Deal,” and collectively “Experiences”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”). The promotion of each Deal works as a form of advertisement for the Merchant by Cal Wine Cellars.

By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.

Special Offers & Rewards

Company reserves the right to not issue to Referrer or Referee and reserves the right to revoke from Referrer and Referee the special offer at Company’s discretion for any reason or for no reason whatsoever. Unless otherwise specified on the Site, all credits issued pursuant for such special offers, for both Referrer and Referee, shall automatically expire after 12 months if not used. In order to be eligible to receive special offers, promotional codes, or Cal Wine Rewards, Company may require Referrer or Referee to have a valid credit card on file in Referrer or Referee account. If Company determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms of such special offer or redemption of Cal Wine Rewards credits, Company reserves the right to (a) revoke any credits issued to either Referrer or Referee and/or (b) charge the Referrer’s or Referee’s credit card for any credits used by Referrer or Referee prior to such revocation and for any credits issued by Company to any ineligible Referrer or Referee. Company reserves the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Site or presented in connection with the special offer.

How it Works

By placing an order for a given Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Any terms and conditions set forth by the Merchant & sited in the “promotional deal” are to be honored at all times. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other paypal account will be charged for the amount of the Deal plus any applicable taxes. We will notify you by email when the Voucher for the Deal is ready to be used. You are required to create an Account with Cal Wine Cellars in order to purchase any Deal so we can collect information to allow you to pay for your Deals, and so we can provide you with easy access to print your Deals, view your past purchases and modify your account preferences.

The “Fine Print”

In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully. Reservations are required with many merchants, there may also be only certain days the voucher may be redeemed. This information with be on the “fine print” on the voucher. We suggest you call the merchant directly for additional information and/or holidays and “black out dates.”

The “Retail Value” and the “Promotional Value”

Cal Wine Cellars represents a third party marketing platform for our Merchants. We are representing our partners and marketing their products and services to you often at a discounted rate. There are two separate “values” to each deal. The “Promotional value” that you purchase on our website that will give a “discounted” rate on good and services. The “Retail Value” is the actual value that the “deal” would cost if purchased for full price for the merchants services.

If you redeem a Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for a Voucher exceeds the amount you redeemed. Continuing redemptions are the responsibility of the applicable Merchant (not Cal Wine Cellars).

Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by applicable Merchant. If you redeem your Cal Wine Cellars experience and feel that the experience was not as described on our website, let us know and we will work with you to be sure you are satisfied.

Vouchers

Voucher purchases can only be made by users with a Cal Wine Cellars account. You can create an account by either using Facebook Connect or by signing up for a Cal Wine Cellars user account at Cal Wine Cellars.com while you are making your purchase. Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:

  • Vouchers must be redeemed in their entirety in one visit to a Merchant.

  • For vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.

  • Vouchers are not redeemable for cash.

  • Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law. (valid ID required)

  • Vouchers cannot be combined with any other coupons or promotions.

  • Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.

  • Neither Cal Wine Cellars nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.

  • Duplicate use, sale or trade of a Voucher is prohibited.

  • Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

  • Merchant refunds are at the applicable Merchant’s sole discretion.

Expired Vouchers

The expiration date of your voucher is listed on the “fine print” terms on your promotion. Most vouchers are good for (180) days unless otherwise stated. Once your voucher reaches the expiration date, it loses its value and we will not be able to issue a refund. Redemption of a Voucher beyond its expiration date is at the sole discretion of the applicable Merchant. Merchants may honor the “purchase value” of the deal (the amount paid) and are NOT required to honor the “promotional” or discounted value after the expiration date. Neither Cal Wine Cellars nor the Merchants are responsible for lost or stolen Vouchers or Voucher reference numbers.

Date-Specific Deals

Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event. Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Deal for another date or time for any reason.

No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Voucher. If for some reason the Date-Specific Deal is cancelled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancellation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If, however, the Date-Specific Deal is cancelled and will not be rescheduled, we will automatically refund you the Paid Portion.

Refunds

Except as explicitly stated otherwise in the terms of a specific Deal, if you find you will not be able to redeem your deal, just contact us within seven (7) days of your purchase and Cal Wine Cellars will refund the Paid Portion of any unredeemed Voucher to your purchasing credit/debit card or other payment mechanism. In addition, Cal Wine Cellars will always honor your request for a refund of the Paid Portion of any unredeemed Voucher if the Merchant goes out of business before the promotional period expires.

We want you to be happy with your Cal Wine Cellars experience. If You have trouble redeeming your voucher for any reason, please contact us so we can work with the Merchant to resolve Your issue. If you are under the age of 21 or cannot provide proof of ID to merchant your voucher is VOID on all conditions hereto.

Merchant is the Issuer

The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. Unless otherwise indicated in a Deal or other offer, Cal Wine Cellars is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release Cal Wine Cellars and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it. We are not liable for the experience you may encounter while redeeming your voucher with one of our “wine partners,” however If you are not satisfied with an experience advertised on the Cal Wine Cellars website please contact us.

Deal Availability – Out of State Shipping

Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. For example, some wineries do not ship their goods to all states. Cal Wine Cellars does not work with any international vendors or ship outside of the US. Cal Wine Cellars reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. Cal Wine Cellars does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination.

Pricing Information

We display discounts on our Sites in connection with each Deal. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the merchants, owners, or affiliates for the Merchant. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

Cal Wine REWARDS

“Cal Wine Rewards” are a form of Cal Wine Cellars currency that may be applied as a credit only towards the purchase of Deals on the Site. Cal Wine Rewards points do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale or of Cal Wine Rewards is strictly prohibited. Cal Wine Rewards are issued in country-specific currency and only valid for the dollar value assigned. You may apply your rewards points to any deals deemed applicable to the Cal Wine rewards, Cal Wine Rewards may not be applicable to all deals and are subject to the discretion of Cal Wine Cellars which deals may be available for purchase with Cal Wine Rewards points. You may not share or duplicate your rewards points at any time. Cal Wine rewards may expire if not applied to a purchase within ( 1) year. Cal Wine Rewards are not returnable or refundable for cash, except where required by law. Resale of Cal Wine Rewards is strictly prohibited.

You may not sell or otherwise distribute access to your Cal Wine Rewards to any other person or entity. Your Cal Wine Rewards cannot be combined, co-mingled or otherwise merged with Rewards in any other Account whether registered to you or not. Unauthorized or fraudulent use, resale, acquisition or distribution of Cal Wine Rewards is prohibited. We may cancel, revoke or otherwise prevent the issuance of Cal Wine Rewards if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with additional Cal Wine Rewards.

Share and Earn

We currently offer you (and your friends) the opportunity to obtain Promotional “Share & Earn” credits by referring your friends to Cal Wine Cellars through our Share & Earn program via Facebook, Twitter, Email,etc. Located on the ride hand side of every deal is an affiliate link that is special for you. This link can be shared via Facebook, Twitter or simply emailed to all of your friends. Your reward is applied to your account every time another friend makes a purchase from your shared link.  These rewards can be redeemed upon checkout.  For more information, please visit the Cal Wine Rewards page.

Ownership of the Sites and Services

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the “Content”) are owned, controlled or licensed by Cal Wine Cellars, its subsidiaries or affiliates.

Copyright

The entire content of the Site and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Cal Wine Cellars owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “Cal Wine Cellars,” which appear on the Site and/or in the Services are the service and trademarks of Cal Wine Cellars or affiliated entities. Without Cal Wine Cellars’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.  The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Cal Wine Cellars, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site and/or Services.

Access to the Site and Services

Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Cal Wine Cellars.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Third-Party Links and Contents

Our Site and/or Services, or communications you receive from our Site and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Site and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. Your Correspondence and business dealings with others found on or through the site and/or services, including and without limitation, the payment and delivery of products and services and any terms, conditions, warranties and representations associated with any such dealings are solely between you and the third-party. Cal Wine Cellars encourages you to review all policies, rules, TERMS AND CONDITIONS, including the privacy policies and terms of use of each and any third-party site that you visit.