01/26/2017

Welcome to the Internet site of Colorado Wine Company, cowineco.com. Each cowineco.com site is operated by Colorado Wine Company or cowineco.com, and its servicing affiliates (collectively referred to herein as “we,” “us,” or “our”).

PLEASE NOTE THAT YOUR USE OF THE COWINECO.COM SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE, COWINECO.COM OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF COWINECO.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY COWINECO.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE COWINECO.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations
You agree not to do any of the following while using the cowineco.com Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the cowineco.com Site or cowineco.com’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the cowineco.com Site except as permitted in writing by cowineco.com.

The Sale of Alcoholic Beverages
Cowineco.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Cowineco.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Colorado Wine Company or cowineco.com is over the age of 21. You also agree that any alcohol purchased from Colorado Wine Company or cowineco.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this or any of our services. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Colorado Wine Company or cowineco.com will prosecute you fully to the extent consistent with, allowable by, and as necessitated by the law.

Shipping / Title and Ownership
Title to, and ownership of, all wine passes from Colorado Wine Company or cowineco.com to the purchaser in the State of California. Colorado Wine Company or cowineco.com in selling a bottle, bottles, or CoWine Club (Wine Club) subscription, from its inventory to the customer and furthermore arranging for transportation of the wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Colorado Wine Company or cowineco.com, the purchaser is representing that he/she is acting in a fashion compliant with local, state, and federal laws regarding the purchase, transportation, and delivery of wine. By placing an order with Colorado Wine Co or cowineco.com, buyer authorizes said entity to act on buyer’s behalf to engage a common carrier to deliver the buyer’s order. The customer represents that he/she has obtained all required permissions, should they apply, paid all required fees, should they apply, and is placing an order consistent with the laws regarding alcohol, and specifically wine, as is legally entitled to take possession of wine. Further, is legally entitled to take quantities ordered, and authorizes that he/she is 21 years of age. Colorado Wine Company or cowineco.com has taken and will take every measure to ensure no aberration of local, state, and federal laws are observed to utmost of its ability and responsibility but makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state outside of California. Further, Colorado Wine Company or cowineco.com, until otherwise announced, restricts its sales and operations to the State of California. Colorado Wine Company or cowineco.com cannot and will not ship to PO Boxes.

Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on cowineco.com by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Colorado Wine Company or cowineco.com. Colorado Wine Company or cowineco.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this cowineco.com Site by anyone other than authorized cowineco.com employees acting in their official capacities.

Parental Control Protections
As required by the Communications Decency Act of 1996, cowineco.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Colorado Wine Company or cowineco.com does not sponsor or endorse any of these companies or their services.

Links
The cowineco.com Site may contain links to other web sites or resources. You acknowledge and agree that cowineco.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Colorado Wine Company or cowineco.com Site does not imply that Colorado Wine Company or cowineco.com endorses the linked site.

Gift Cards
Due to technological and payment process related issues, gift cards may only be redeemed on Colorado Wine Co physical premises. From this time 01/26/2017, until such a time as we will make clear on our Terms of Service, and notify users / customers, Gift Cards cannot be redeemed on our check out process online. This is not in conflagration of the California statutes regarding Gift Cards, as Colorado Wine Co will honor them. It is not within the technological makeup of the cowineco.com services to process these forms of payments which is not the responsibility of Colorado Wine Co or cowineco.com nor liability nor negligence. There are issues including but not limited to fundamental incompatibilities of software and application at this time. It is important to us to address this and when a solution has been reached the public, user, and customer will be notified. To reiterate, Gift Cards will be respected as legal tender and can be utilized in person at Colorado Wine Co, 2305 Colorado Boulevard or over the phone (323) 478-1985. We therefore respect all legal guidelines and regulatory guidelines and consumer protection guidelines regarding the issuance and redemption of Gift Cards in the State of California.

CoWine Club
Welcome to the Terms and Conditions for Colorado Wine Company’s “CoWine Club” or “Wine Club”. These Terms are between you and Colorado Wine Company or cowineco.com, and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with Colorado Wine Company or cowineco.com, constitute the entire agreement between you and Colorado Wine Company or cowineco.com related to receiving your monthly package, as stipulated by Plan selected. Please note that your use of the cowineco.com and CoWine Club membership are governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Colorado Wine Company or cowineco.com Site, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.
Agreement Changes: 
Colorado Wine Company or cowineco.com may at its discretion change these Terms, Colorado Wine Company or cowineco.com’s general Terms of Service and Privacy Policy, or any aspect, without notice to you. However, any increase in the membership fee will not apply until the member / customer is notified and has consented. If CoWine Club Member terminates their membership (15) DAYS before the automatic charge and distribution date (routinely the 1st of every month), Member will not be charged and will have their account terminated. If CoWine Club Member elects to terminate within the (15) DAY window leading up to the distribution of their respective plan package, they will be charged and have their package made available to them for in store free in store pickup, unless they would like it shipped to them, at which point they will be responsible for the shipping and handling charges incurred. Following this, this they will have their Membership terminated.
Packages for CoWine Club may be picked up in store free of charge, or shipped at Members expense (covering Shipping and Handling). We do not accept returns on CoWine Club packages and refunds are conditional, and are consistent with our posted Policy regarding returns and refunds. Which is to say, unless the bottle is materially and conformably “corked”, turned, or defective, then we will not issue a refund. It is not sufficient nor substantial that a bottle is subjectively experienced different from our account of it, or one’s expectation. In instances where we have mistakenly, though clearly and distinctly misrepresented a product, provisional forms of expiation and/or Good Will gestures, to the end of rectifying the Member’s or Customer’s confidence may be possible but are in no way guaranteed nor necessitated.
If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER COWINECLUB.COM CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

(Termination by Colorado Wine Company or cowineco.com)
 Colorado Wine Company or cowineco.com may terminate your membership to cowineclub.com at its discretion without notice. If we do so, we will give you a refund, should one be necessary as stipulated by above terms, and remove you from the month-to-month charge and distribution cycle of CoWine Club. However, we will not give any refund for termination related to conduct that Colorado Wine Company or cowineco.com determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. Colorado Wine Company or cowineco.com’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Protection of Content Provided by cowineco.com
All text, graphics, logos, icons, images, and software on the cowineco.com Site are copyrighted materials owned by or licensed to cowineco.com. The Site Content may contain trademarks, service marks and trade names which are owned by Colorado Wine Company or cowineco.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by particular third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Colorado Wine Company or cowineco.com, its affiliates, or third parties. Unless authorized in writing by an agent of Colorado Wine Company or cowineco.com, or the retaining LLC, Colorado Wine Company or cowineco.com’s trademarks may not be used in connection with any product or service that is not Colorado Wine Company or cowineco.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Colorado Wine Company or cowineco.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of Colorado Wine Company or cowineco.com in any way for any public or commercial purpose without prior written consent of Colorado Wine Company or cowineco.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the cowineco.com Site. Nothing contained in the cowineco.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Colorado Wine Company or cowineco.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Colorado Wine Company or cowineco.com, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement
Colorado Wine Company or cowineco.com respects the intellectual property of others, and we require users and customers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Colorado Wine Company or cowineco.com the following information:
Colorado Wine Company or cowineco.com’s Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Colorado Wine Company at 2305 Colorado Blvd, Los Angeles CA, 90041, including information as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices
Colorado Wine Company or cowineco.com will give you any necessary notices by posting them on the cowineco.com Site. You authorize Colorado Wine Company or cowineco.com to send notices via electronic mail as well if cowineco.com decides, in its sole discretion, to do so. You agree to check the cowineco.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the cowineco.com Site.
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Disclaimer of Warranties
ALTHOUGH COLORADO WINE COMPANY OR COWINECO.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE COWINECO.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE COWINECO.COM SITE. COWINECO.COM DOES NOT WARRANT THAT YOUR USE OF THE COWINECO.COM SITE, OR THE OPERATION OR FUNCTION OF THE COWINECO.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE COWINECO.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. COWINECO.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE COWINECO.COM SITE. THE COWINECO.COM SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT SHALL COLORADO WINE COMPANY OR COWINECO.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE COWINECO.COM SITE, THE USE OR PERFORMANCE OF THE COWINECO.COM SITE, THE DELAY OR INABILITY TO USE THE COLORADO WINE COMPANY OR COWINECO.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COWINECO.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE COWINECO.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLORADO WINE COMPANY OR COWINECO.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COWINECO.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COLORADO WINE COMPANY OR COWINECO.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS COLORADO WINE COMPANY OR COWINECO.COM’S LIABILITY OR YOUR REMEDIES.

No Responsibility to Sell Mispriced Products or Services
Colorado Wine Company or cowineco.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Colorado Wine Company or cowineco.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, cowineco.com shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms
COLORADO WINE COMPANY OR COWINECO.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Force Majeure
Colorado Wine Company or cowineco.com shall be excused from performance under this Terms of Service if Colorado Wine Company or cowineco.com is prevented, forbidden, or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Colorado Wine Company or cowineco.com.

Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from cowineco.com, Limitation of Liability, Indemnity and General Provisions.

General Provisions
You agree that Colorado Wine Company and cowineco.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the cowineco.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Colorado Wine Company and cowineco.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Colorado Wine Company and cowineco.com in writing. The Terms of Service, along with the cowineco.com Privacy Policy, comprises the entire agreement between you and Colorado Wine Company and cowineco.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of cowineco.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Colorado Wine Company, cowineco.com or management, shall be null and void. These Terms of Service will inure to the benefit of Colorado Wine Company and cowineco.com successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

DISPUTES
Any dispute or claim relating in any way to your use of any cowineco.com Service, or to any products or services sold or distributed by cowineco.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW
By using any cowineco.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and cowineco.com.
Pricing Adjustment / Pricing Errors
All prices are subject to change without notice. We are not responsible for typographical errors and reserve the right to change incorrect pricing. Please contact us at via email: info@cowineco.com or by phone: 323-479-1985 if you have any questions.

Receipts
Upon confirmation of payment (following Colorado Wine Company’s or cowineco.com’s acceptance of order) a receipt will be emailed to the address provided by the customer at checkout. A physical receipt is available upon request but its inclusion in the shipment should not be assumed. Please include any instructions you would like observed in the delivery, including tracking information, which will be included in payment confirmation email, with receipt.

Shipping
Title to, and ownership of, all wine passes from Colorado Wine Company or cowineco.com to the purchaser in the State of California. Colorado Wine Company or cowineco.com in selling a bottle, bottles, or CoWine Club (Wine Club) subscription, from its inventory to the customer and furthermore arranging for transportation of the wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Colorado Wine Company or cowineco.com, the purchaser is representing that he/she is acting in a fashion compliant with local, state, and federal laws regarding the purchase, transportation, and delivery of wine. By placing an order with Colorado Wine Co or cowineco.com, buyer authorizes said entity to act on buyer’s behalf to engage a common carrier to deliver the buyer’s order. The customer represents that he/she has obtained all required permissions, should they apply, paid all required fees, should they apply, and is placing an order consistent with the laws regarding alcohol, and specifically wine, as is legally entitled to take possession of wine. Further, is legally entitled to take quantities ordered, and authorizes that he/she is 21 years of age. Colorado Wine Company or cowineco.com has taken and will take every measure to ensure no aberration of local, state, and federal laws are observed to utmost of its ability and responsibility but makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state outside of California. Further, Colorado Wine Company or cowineco.com, until otherwise announced, restricts its sales and operations to the State of California. Colorado Wine Company or cowineco.com cannot and will not ship to PO Boxes.

In-Store Pickup
At checkout the customer can opt for free in-store pickup. Although the order will be packaged and waiting for the customer as soon as possible, we recommend at least one correspondence to ensure a seamless and easy experience.

Changing or Cancellation of Order
We try to process orders as quickly as possible so the best way to to cancel or change an order is by phone and NOT email.

Limitation of Quantity
Colorado Wine Co or cowineco.com reserves the right to limit quantity of sale. Whether by programmed caps, or interdicting an order or sale.

If you have any questions about these Terms of Service, please at info@cowineco.com
The Terms of Service were updated January 26, 2017.