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Wine By Keg LLC (D/B/A Wine By Keg)

General Terms and Conditions

Last updated: July 29, 2022

Wine by Keg LLC, d/b/a Wine by Keg provides direct-to-consumer (DTC) wine and beer sales and subscriptions through the website and associated domains of www.winebykeg.com, any Mobile Apps and other related software, content and services, including all versions and upgrades (“Service”)
Please read our Wine by Keg LLC General Terms and Conditions (“Terms and Conditions”) carefully before using the website. These Terms and Conditions govern your access, use and orders placed at https://www.winebykeg.com, its mobile sites and applications (collectively, the “Site”) and/or its fulfillment providers. By placing an order with Wine by Keg LLC you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.

If you do not agree with any Terms and Conditions, you may not access or use this site or any information or materials found on the site.

Wine by Keg reserves the right to modify, update, upgrade the Terms and Conditions at any time with or without notice to you. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting and are bound by any such changes to the Terms and Conditions. Wine by Keg reserves the right to revoke any or all access and use authorizations granted to you regarding this Site.

You represent and warrant that you are of legal age to form a binding contract, have the right, authority and capacity to agree to and abide by this Terms and Conditions and are not a person barred from using the Services under the laws of any applicable jurisdiction.

SALES OF ALCOHOLIC BEVERAGES

Wine by Keg does not sell alcohol to persons under the age of 21 or anyone outside the United States (or even in the U.S. if prohibited by law). By using the Services you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using the Services you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.

RIGHTS

Subject to and conditioned on your compliance with this Terms and Conditions, Wine by Keg hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use to purchase beverages offered through the Services. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Wine by Keg.

YOUR ACCOUNT

Before you can place an order online and wish to continue to use some of our services or features, you must register a Wine by Keg account. You furthermore must keep your account and other information accurate, including your email address and credit card numbers and expiration dates in order to enable us to complete your order and contact you as needed.

You acknowledge and agree that by accessing or using the Services, Wine by Keg may receive certain information about you, including personal data, as set forth in the Privacy Policy and Wine by Keg may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.

Wine by Keg may enable you to access and browse the Services without registering, but some features may not be accessible unless you register. In registering for the Services, you agree to: provide true, accurate, current and complete information about yourself as prompted by the Services registration form; and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Wine by Keg reasonably suspects that you have done so, Wine by Keg may suspend or terminate your account.

You acknowledge and agree that you are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Services; and if your account remains inactive for an extended period of time, Wine by Keg may suspend or terminate your account, with or without notice to you and without liability to you.

The customer will at all times be responsible for each and every use of its Wine by Keg account. You agree to protect your log-in credentials such as your password and control any access to your Wine by Keg account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your Wine by Keg account.

US SALES TAX AND PRICING

Wine by Keg collects US state sales and use taxes for products ordered on this website. Note that in some states, shipping fees are also subject to tax.

Customers are responsible for all sales taxes, use taxes, and any other taxes and duties imposed by any state or jurisdiction associated with their order.

All prices displayed on the Wine by Keg website are not final until the Billing Page. Unless otherwise noted, prices do not include shipping, handling and processing charges and applicable local and state taxes. During our checkout process, you will see on the Billing Page our estimated tax to be collected that may be updated after you place your order depending on the type of item of your order and the ship-to address.The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.

SALES AND DELIVERY TERMS

All our offers and promotions are without any obligation and subject to availability and confirmation of the order. Wine by Keg reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Wine by Keg is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.

All purchases of physical items from Wine by Keg are made FOB Carrier. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Wine by Keg does not take title to returned items until the item arrives at our fulfillment center.

Wine by Keg attempts to be as accurate as possible; however; Wine by Keg does not warrant that product descriptions or any other content made available through the Services is accurate, complete, reliable, current, or error-free.

Customer shall pay all agreed upon fees for all products ordered through the Services as set forth in the order confirmation page in accordance with terms set forth herein and any additional terms set forth on the Services. You hereby authorize Wine by Keg to charge your credit card on file for all Fees that have become due and payable.

SUBSCRIPTIONS

You may become a Wine by Keg Subscriber by providing the requested registration information and submitting it to Wine by Keg through Wine by Keg Sites or Applications. By becoming a Subscriber and placing an order, you agree to receive a shipment of wine in 3L mini keg from Wine by Keg once a month until you cancel or pause your subscription.

If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.

Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. You must cancel your subscription or turn off auto-renewal to end recurring charges. Canceling a subscription or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based upon cancellation.

Your subscription will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least seventy two (72) hours before the conclusion of the then-current term. Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team.

You acknowledge and agree that the contents and pricing of your subscriptions may vary from time to time. Additionally, you acknowledge and agree that Wine by Keg may modify or update the contents of your subscriptions based on updates you make through the Services or information you otherwise provide Wine by Keg.

MATERIALS FOR LIMITED USE

All text, graphics, logos, icons, images, audio clips, names, brands, trademarks, service marks (“Marks”) that Wine by Keg makes available on software on the Site (“Site Content”) are copyrighted materials owned by or licensed to Wine by Keg. The Site Content may contain trademarks, service marks and trade names which are owned by Wine by Keg and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain 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 Wine by Keg, its affiliates, or third parties. Unless authorized in writing by an officer of Wine by Keg, Wine by Keg’s trademarks may not be used in connection with any product or service that is not Wine by Keg’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine by Keg.

You may not sell, remove, 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 the Site Content in any way for any public or commercial purpose without prior written consent of Wine by Keg 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 Wine by Keg Site. Nothing contained in Wine by Keg 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 Wine by Keg, its affiliates, or any third party, and, except as provided in these Terms and Conditions, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Wine by Keg, its affiliates, and/or any third party, as applicable.

YOUR OBLIGATION, CONDUCT AND RESTRICTIONS

You agree not to do any of the following while using Wine by Keg Website or any of our sites:

Intentionally or unintentionally violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
Access, use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this Terms and Conditions;
Tamper with, or use nonpublic areas of Wine by Keg Site or Wine by Keg’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution, unless permitted in writing by Wine by Keg;
Interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
Provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;
Access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
Violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
Remove or obscure any proprietary notice that appears within the Services;
Impersonate any person or entity, including Wine by Keg personnel or falsely state or otherwise misrepresent your affiliation with Wine by Keg, or any other entity or person;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
Take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or
Use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.

You will not: upload, post, email, store, transmit, or otherwise make available any content that:

is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
contains infringing, libelous, or otherwise unlawful or tortious material; or
consists of information that you know or have reason to know is false or inaccurate.

Wine by Keg’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this Terms and Conditions by Wine by Keg, and does not create a private right of action for any other party.

LIMITATION OF LIABILITY

Wine by keg parties shall not be liable for any lost profits, loss or damages of data or goodwill, or cost of cover, or for any indirect, incidental, special, exemplary, punitive, or consequential damages, including damages arising from any type or manner of commercial, business, or financial loss, arising out of or in any way connected with wine by keg site, the use or performance of Wine by Keg site, the delay or inability to use Wine by Keg site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through wine by keg site, or otherwise arising out of the use of wine by keg site, whether based on contract, tort, negligence, strict liability or otherwise, even if Wine by Keg parties had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable.

The foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.

If you are dissatisfied with any portion of the Wine by Keg site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the Wine by Keg site. This sole and exclusive remedy is separate and independent of any other provision that limits Wine by Keg wine’s liability or your remedies.

DISCLAIMER OF WARRANITES

Although Wine by Keg endeavors to provide current, accurate and reliable information on wine by keg site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on wine by keg site.

Wine by Keg does not warrant that your use of wine by keg site, or the operation or function of wine by keg 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; or the services or any products made available through the services will meet your requirements; access to the services will be uninterrupted, timely, secure, virus-free, or error-free; or the information and any results that may be obtained from access to or use of the services will be accurate, reliable, current, or complete.

Your use of the services and any products made available through the services is at your sole risk. the services and any products made available through the services are provided on an “as is” and “as available” basis, with all faults. to the maximum extent permitted by applicable law, wine by keg parties expressly disclaim all warranties of any kind, whether express or implied or arising from statute, course of dealing, usage of trade or otherwise, including the implied warranties of merchantability, quality, fitness for a particular purpose, title, and non-infringement.

All content made available through the services is made available for informational purposes only. you are solely responsible for confirming the accuracy of all content before taking or omitting any action.

TERMINATION AND SUSPENSION

Either party may terminate this Terms and Conditions at any time.

If you violate this Terms and Conditions, Wine by Keg may, with or without cause immediately suspend or terminate your access and use of the Services with or without notice to you.

Upon termination of this Terms and Conditions for any reason Wine by Keg, in its sole discretion, may remove and discard your content and information; you will immediate cease your use of the Services; and any provision that, by its terms, is intended to survive the expiration or termination of this Terms and Conditions shall survive such expiration or termination. Further, you agree that that Wine by Keg shall not be liable to you or any third party for any termination of your account or access to the Services.

Wine by Keg reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice and Wine by Keg shall not be liable to you or any third party for any such modification or discontinuance.

Wine by Keg may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services.

Wine by Keg may develop updates that require installation by you before you continue to access or use the Services or related services. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which updates may be automatically downloaded and installed is determined by settings on your device and its operating system.

MODIFICATION TO SERVICE

Wine by Keg reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Wine by Keg shall not be liable to you or any third party for any such modification or discontinuance.

Wine by Keg may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services.

Wine by keg 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.

THIRD PARTIES CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Wine by Keg.

Wine by Keg neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Wine by Keg’s employees acting in their official capacities.

You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that Wine by Keg does not endorse and is not responsible or liable for any issues related to Third Party Services.

INDEMNIFICATION

The following provisions shall survive any termination of these Terms and Conditions: No Warranty from Wine by Keg, Limitation of Liability, Indemnity and General Provisions.

You shall indemnify and hold Wine by Keg and its affiliates, and each of their officers, directors, employees, agents, partners and licensors harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to content you provide to Wine by Keg; your violation of this Terms and Conditions, any law or regulation, or any rights (including intellectual property rights) of another party; or your use of the Services, except as expressly permitted in this Terms and Conditions.

This Terms and Conditions shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Florida, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Terms and Conditions , regardless of the states in which the parties do business or are incorporated.

LEGAL COMPLIANCE

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Licensed Material is delivered or used and you are not: located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, Wine by Keg 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. Wine by Keg does not sponsor or endorse any of these companies or their services.

SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Wine by Keg in connection with the operation of this Site including its content or any of our supplied Products, shall be provided by the submitter and received by Wine by Keg on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Wine by Keg. By submitting any such information to Wine by Keg, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Wine by Keg shall be free to use such information on an unrestricted basis.

PRIVACY AND OUR USE OF COOKIES
Wine by Keg has set out in its Privacy Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

TERMS OF SALE
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. Wine by Keg reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Wine by Keg is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.

APPLICABLE LAW

The party you are contracting with and the seller of the products offered and sold on this Site is Wine by Keg, a private company with limited liability incorporated under the laws of United States of America.

By using any Wine by Keg, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Wine by Keg.

YOUR COMMENTS AND CONCERNS

This website is operated by Wine by Keg LLC located at 3370 East Bay Drive, Largo, FL 33771. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed: hello@winebykeg.com.

Thank You.

Shipping Policy

Terms & Conditions

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Do Not Sell My Personal Information

Wine by Keg LLC

3370 East Bay Drive

Largo, FL 33771

Hello@winebykeg.com

727-364-5906

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