TERMS OF USE

Welcome to Vinepair

The use of invino's web site ("Site") indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.


Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us, and in order to remain a member of our site, you must agree to receive email from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of invino or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

  • Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
  • Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
  • Obtain unauthorized access to any computer system.
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
  • Impersonate any other person including but not limited to, a registered user of this Site or an employee of invino.
  • Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
  • Misrepresent the identity of a user or use a false e-mail address.
  • Tamper with or obtain access to this Site or any component of this Site.
  • Conduct fraudulent activities
  • Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
  • Abuse the "Invite a Friend" benefit in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.
  • Abuse special discounts, awards or incentives offered by invino. Unless otherwise specified, only one offer is valid per person, maximum two per household.

Membership Eligibility: The Site is available to members who are 21 years and older, residents of the United States, and who have not been suspended or removed by invino for any reason. By becoming a member you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site's registration form, and you agree to use the Site for your own personal use and not for commercial purposes.

Members may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.


Additional Terms and Conditions: Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.


Shipping and Returns:  Orders are shipped using ground service unless upgraded by the customer. Order processing time is contingent upon credit card authorization, and does not include weekends or holidays. If you are dissatisfied in any way with your purchase, please contact us within 30 days of your purchase date via email at MemberServices@invino.com; we would like the opportunity to correct the situation. Following wine-trade traditions, all bottles seven years or older are purchased at the buyer's risk.

The member is responsible for having an adult available to accept the shipment.  All common carriers (FedEx and UPS) require an adult signature to accept the wines no exceptions.  Each carrier will make three attempts to deliver the wine and it is the responsibility of the Member to make alternate arrangements if necessary.  Each carrier allows for a multitude of ways for you to get your wine, if you have any questions about your options, please contact us at MemberServices@invino.com

All wine returned to invino because of non deliverability will be credited back to the Member as Insider Credits minus the actual cost of shipping and handling.  We strongly recommend you send your wine to a business address where an adult will be available to sign during business hours.  We are sorry we cannot make exceptions to this policy.  You can always place your order on hold with us for an unlimited amount of, time free of charge.  We will be happy to ship your wine for you when convenient.

All returns are for Insider Credits only and will be processed less the original shipping and handling charges, and return shipping and handling charges.


Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of invino and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site.

invino relies upon a network of independent vendors who supply some of the goods advertised on the Site. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right on the part of invino or any supplier with respect to any such image, logo or name.


User Content: You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Site. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content. By posting your User Content, you do not lose any ownership rights you may have to it.

However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Site and under these Terms of Use.

If we allow you to upload User Content, you may not:

  • provide User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
  • forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
  • provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
  • provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
  • use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
  • provide User Content which disparage us or our partners, vendor or affiliates.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.


Your User Content Becomes Public:You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't post it on the Site. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of invino, its users or the public as required or permitted by law.


We Are Not Responsible for User Content:We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.


Purchasing: invino works with outside providers for maintenance of the invino website. invino and its partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. invino has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, invino will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

invino displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers or web based reserach, and we make no promises about the reliability or accuracy of any such information listed on the Site.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will invino or its suppliers be held liable for any damages due to such interruptions or lack of availability.


LINKS TO THIRD-PARTY WEBSITES: No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.


Indemnification: By using this Site, you agree to indemnify, hold harmless and defend invino their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. invino reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.


Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION,invino DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Limitation of Liability: IN NO EVENT SHALL invino OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF invino HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF invino OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO invino IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL invino OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF invino.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.


International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.


Risk of Loss: The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.


Affiliates: invino is not affiliated with websites or third parties that sell or advertise our products or the Site without a written agreement with us. invino reserves the right to void all service, return, and other policies for orders and invino products that were purchased through unauthorized sellers or sellers that violate invino policies. invino is not responsible for any representations by unauthorized sellers.


Unavailability of Site; Termination; Fraud: We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.


Copyright Infringement: Notice and Take Down Procedures: Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: invino, 19698B 8th Street East, Sonoma, CA 95476; info@invino.com.


Choice of Law and Forum: Terms of Use and any dispute of any sort that might arise between you and invino or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in Sonoma County, California, provided, however, that notwithstanding anything contained in these Terms of Use to the contrary we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.


Miscellaneous: Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and invino with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and invino with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of invino to act with respect to a breach by you or others does not waive invino's right to act with respect to subsequent or similar breaches. invino's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Posted on November 24th, 2010