Terms of Use
 

1. Your relationship with I Know the Winemaker

1.1 Your use of I Know The Winemaker’s services and web site (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and I Know The Winemaker. “I Know The Winemaker” means I Know The Winemaker LLC., a New York corporation, whose principal place of business is at 79 Madison Avenue, New York. This document sets out the terms of that agreement.

1.2 At a minimum your agreement with I Know The Winemaker will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms”.

1.3 Your agreement with I Know The Winemaker will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and I Know The Winemaker in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by I Know The Winemaker in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that I Know The Winemaker will treat your use of the Services as acceptance of the Terms from that point onward.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with I Know The Winemaker, or (b) you are a person barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Transactions

3.1 I Know The Winemaker relies upon a network of independent wineries (“Vendors”) who sell the goods advertised through the Services and ships them directly to you. If you wish to purchase any product or service made available by a Vendor through the Services (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to I Know The Winemaker and Vendor the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by your or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.

3.2 I Know The Winemaker displays suggested retail prices for goods advertised through the Services based on pricing information provided by Vendors and I Know The Winemaker makes no promises about the reliability or accuracy of any such information.

4. Return Policy for Damaged Product

In the event that you should have a broken bottle or damaged delivery issue, please email I Know The Winemaker within 10 days of delivery at info@iknowthewinemaker.com. We will work with you to resolve the problem to your complete satisfaction, which may include replacement or a full credit.

5. Provision of the Services by I Know The Winemaker

5.1 I Know The Winemaker has affiliated legal entities (“Affiliates”). Sometimes, these Affiliates will provide the Services to you on behalf of I Know The Winemaker. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.

5.2 I Know The Winemaker is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which I Know The Winemaker provides may change from time to time without prior notice to you.

5.3 As part of this continuing innovation, you acknowledge and agree that I Know The Winemaker may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at I Know The Winemaker’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform I Know The Winemaker when you stop using the Services.

5.4 You acknowledge and agree that if I Know The Winemaker disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.

6. Membership Eligibility; Use of the Services by you

6.1 Membership in I Know The Winemaker is available to members who are 21 years and older, residents of the United States and who have not been suspended or removed by I Know The Winemaker. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if I Know The Winemaker suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.

6.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to I Know The Winemaker will always be accurate, correct and up to date.

6.3 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation.

6.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by I Know The Winemaker, unless you have been specifically allowed to do so in a separate agreement with I Know The Winemaker.

6.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

6.6 Unless you have been specifically permitted to do so in a separate agreement with I Know The Winemaker, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

6.7 You agree that you are solely responsible for (and that I Know The Winemaker has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which I Know The Winemaker may suffer) of any such breach.

7. Your passwords and account security

7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2 Accordingly, you agree that you will be solely responsible to I Know The Winemaker for all activities that occur under your account.

7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify I Know The Winemaker immediately at info@iknowthewinemaker.com.

9. Privacy and your personal information

9.1 For information about I Know The Winemaker’s data protection practices, please read I Know The Winemaker’s privacy policy. This policy explains how I Know The Winemaker treats your personal information, and protects your privacy, when you use the Services.

9.2 You agree to the use of your data in accordance with I Know The Winemaker’s privacy policies.

10. Content in the Services

10.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

10.2 You should be aware that all information which you have access to as part of, or through your use of, the Services (“Content”) may be protected by intellectual property rights which are owned by third parties who provide that Content to I Know The Winemaker (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by I Know The Winemaker or by the owners of that Content, in a separate agreement.

11. Proprietary rights

11.1 You acknowledge and agree that I Know The Winemaker (or I Know The Winemaker’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

11.2 Unless you have agreed otherwise in writing with I Know The Winemaker, nothing in the Terms gives you a right to use any of I Know The Winemaker’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

11.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with I Know The Winemaker, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.

12. License from I Know The Winemaker

12.1 I Know The Winemaker gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by I Know The Winemaker. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by I Know The Winemaker, in the manner permitted by the Terms.

13. Content license from you

13.1 By submitting, posting or displaying any content on or through the Services, you give I Know The Winemaker a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. I Know The Winemaker reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.

13.2 You confirm and warrant to I Know The Winemaker that you have all the rights, power and authority necessary to grant the above license.

14. Ending your relationship with I Know The Winemaker

14.1 The Terms will continue to apply until terminated by either you or I Know The Winemaker as set out below.

14.2 If you want to terminate your legal agreement with I Know The Winemaker, you may do so by (a) notifying I Know The Winemaker at any time and (b) closing your account for all of the Services, where I Know The Winemaker has made this option available to you. Your notice should be sent, in writing, to I Know The Winemaker’s address which is set out at the beginning of these Terms.

14.3 I Know The Winemaker may at any time, terminate its legal agreement with you for any reason, including without limitation, if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) I Know The Winemaker is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom I Know The Winemaker offered the Services to you has terminated its relationship with I Know The Winemaker or ceased to offer the Services to you; or

(D) I Know The Winemaker is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or

(E) the provision of the Services to you by I Know The Winemaker is, in I Know The Winemaker’s opinion, no longer commercially viable.

14.4 Nothing in this Section shall affect I Know The Winemaker’s rights regarding provision of Services under Section 6 of the Terms.

14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and I Know The Winemaker have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

15. EXCLUSION OF WARRANTIES

15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT I KNOW THE WINEMAKER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

15.3 IN PARTICULAR, I KNOW THE WINEMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

15.4 ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

15.5 Notwithstanding I Know The Winemaker's making such third party products available on its web site through the Services and its satisfaction guarantee for such purchases, I Know The Winemaker shall have no responsibility or liability to you for such third party products and any claims or disputes by you regarding these products shall be brought directly to and shall be the responsibility of, that third party Vendor.

15.6 I KNOW THE WINEMAKER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT I KNOW THE WINEMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH I KNOW THE WINEMAKER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) YOUR FAILURE TO PROVIDE I KNOW THE WINEMAKER WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

16.2 THE LIMITATIONS ON I KNOW THE WINEMAKER’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT I KNOW THE WINEMAKER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. Copyright and trade mark policies

17.1 It is I Know The Winemaker’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers

18. Advertisements

18.1 Some of the Services are supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

18.2 The manner, mode and extent of advertising by I Know The Winemaker on the Services are subject to change without specific notice to you.

18.3 In consideration for I Know The Winemaker granting you access to and use of the Services, you agree that I Know The Winemaker may place such advertising on the Services.

19. Other content

19.1 The Services may include hyperlinks to other web sites or content or resources. I Know The Winemaker may have no control over any web sites or resources which are provided by companies or persons other than I Know The Winemaker.

19.2 You acknowledge and agree that I Know The Winemaker is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

19.3 You acknowledge and agree that I Know The Winemaker is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

20. Changes to the Terms

20.1 I Know The Winemaker may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, I Know The Winemaker will make a new copy of the Universal Terms available at info@iknowthewinemaker.com, and any new Additional Terms will be made available to you from within, or through, the affected Services.

20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, I Know The Winemaker will treat your use as acceptance of the updated Universal Terms or Additional Terms.

21. General legal terms

21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

21.2 The Terms constitute the whole legal agreement between you and I Know The Winemaker and govern your use of the Services (but excluding any services which I Know The Winemaker may provide to you under a separate written agreement), and completely replace any prior agreements between you and I Know The Winemaker in relation to the Services.

21.3 You agree that I Know The Winemaker may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

21.4 You agree that if I Know The Winemaker does not exercise or enforce any legal right or remedy which is contained in the Terms (or which I Know The Winemaker has the benefit of under any applicable law), this will not be taken to be a formal waiver of I Know The Winemaker’s rights and that those rights or remedies will still be available to I Know The Winemaker.

21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

21.6 You acknowledge and agree that each member of the group of companies of which I Know The Winemaker is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

21.7 The Terms, and your relationship with I Know The Winemaker under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between you and us shall be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be specific to you, and as such, you agree that you shall not bring or participate in any action against I Know The Winemaker as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, You and I Know The Winemaker agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that I Know The Winemaker shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

22. Code of Conduct

22.1 At I Know The Winemaker, we continually strive to offer our members a superior experience by curating small-production, hard-to-find products that our procurement teams discover from all over the world. We also do our best to offer a first-class experience for our members, and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member’s account for any violation of the Terms & Conditions listed throughout the site. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on I Know The Winemaker or any other website in regards to I Know The Winemaker, or while contacting any of our Member Services team, will not be tolerated.

 

I HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF THIS AGREEMENT __