The WineDirect platform is constantly evolving, with updates to the ecommerce, POS, and other software tools that WineDirect offers. When new features become available, they are often available to all of our clients for free, or at a nominal cost, depending on the scope of the new features. Some new features may be available only in a specific package offered by WineDirect. Any or all of the tools are available for a live preview by contacting our office. If you have not already, we recommend that you and your staff take a personal tour of the features with one of our platform specialists. We can answer your questions, and highlight any areas into which you'd like to take a deeper look. We can also provide you with a sandbox to test your winery’s needs (i.e. running a club or an email blast). If you would like to set up a personalized demo before you sign up, please contact email@example.com or call 800-819-0325.
Last Updated: July 1, 2020
By accessing or using the Services in any manner, whether as a subscriber or not, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein, and all other operating rules, policies and procedures that may be published from time to time on the Site by WineDirect, each of which is incorporated by reference and each of which may be updated by WineDirect from time to time without notice.
WineDirect Account Subscription and Eligibility
You may browse the Site and view Content without subscribing, but as a condition to using certain aspects of the Services, you are required to register to open a subscription account with WineDirect (“WD Account”) in accordance to the terms and conditions of the Subscriber Agreement.
During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your WD Account, including any actions taken by persons to whom you have granted access to the WD Account. We reserve the right to change the account type, suspend or terminate the WD Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your WineDirect password. You shall never use another User's WD Account without such other User's prior express permission. You will immediately notify WineDirect in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Eligibility to open a WD Account and subscribe to the Services is limited to those businesses or individuals with a direct relation to the wine or beer industry, either as a producer, distributor, retailer, marketing or sales agent.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who originated such Content. WineDirect cannot guarantee the authenticity of any Content or data which Users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
The Services contain Content specifically provided by WineDirect, its partners, and/or affiliates, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
By submitting User Submissions on the Site or otherwise through the Services, you hereby do and shall grant WineDirect a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Services and WineDirect's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to WineDirect does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with WineDirect.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that WineDirect will not be liable for any errors or omissions in any Content; and that WineDirect cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services. When you delete your User Submissions, they will be removed from the Services, however, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with Users who have previously accessed or downloaded your User Submissions.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any use of the Services, that:
WineDirect has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography. You shall abide by all applicable local, state, national and international laws and regulations.
We follow generally accepted industry standards and take appropriate commercially reasonable measures, including administrative, technical, and physical safeguards, to protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Despite our efforts, no transmission of data over the internet is guaranteed to be completely secure, and we cannot guarantee the security of any information you provide to us. Therefore, WineDirect does not promise or guarantee, and you should not expect, that your personally identifiable information or communications with us will always remain private. You are responsible for protecting your username and password from third party access, and for selecting passwords that are secure. If there is ever a dispute about who owns your WD Account, we are the decider in our sole discretion.
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. WINEDIRECT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Services and Links to Other Websites
You agree that we may provide notices to you via banners on the Service, or to an email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn't up to date, you may miss out on these notices. Please review your settings regularly to control and limit what kind of messages you receive from us.
WineDirect may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your subscription. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable.
Effect of Termination
Upon termination, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.
Except to the extent required by law, WineDirect has no special relationship with or fiduciary duty to you. You acknowledge that WineDirect has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release WineDirect from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WineDirect makes no representations concerning any Content contained in or accessed through the Services, and WineDirect will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SITE, SERVICES, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
WINEDIRECT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR ACCESS AND/OR USE OF THE SITE, SERVICES, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711)
WineDirect makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. WineDirect will not be liable for the privacy of email addresses, subscription and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on WineDirect's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
You shall defend, indemnify, and hold harmless WineDirect, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site or otherwise from your User Submissions: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any third-party claims made by your customer regarding WineDirect’s processing of your customer’s Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code. WineDirect reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WineDirect in asserting any available defenses.
ALL LIABILITY OF WINEDIRECT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF WINEDIRECT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE MONTH’S FEES INCURRED BY USER COMMENSURATE TO THE FEES FOR THE MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CLAIM AROSE.
IN NO EVENT SHALL WINEDIRECT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT WINEDIRECT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.