These terms and conditions (“Terms and Conditions”) are between you and Rising Wines Collective, Inc. and its affiliates (collectively, “Rising Wines Collective,” “we,” “our,” or “us”). The Terms and Conditions govern your access to and use of any of our online services, including the Rising Wines Collective website at www.RisingWinesCollective.com and any goods and services offered on or through the website (the “Platform”).
By using the Platform, you agree to be bound by these Terms and Conditions. Rising Wines Collective may terminate your ability to use the Platform without notice if you do not comply with the Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Platform.
Rising Wines Collective reserves the right to make changes to the Platform and to the Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms and Conditions means that you accept and agree to the changes.
All Information (as defined in our Privacy Notice) that Rising Wines Collective collects on this Platform is subject to our Privacy Notice posted at the Platform here. By using the Platform, you consent to all actions we take regarding your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms and Conditions. To the extent there is a conflict, the Terms and Conditions supersede the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is posted on the Platform to the best of Rising Wines Collective’s knowledge.
The Platform is intended to be used and accessed only by people who are of legal age to purchase and consume alcohol. By using this Platform, you represent that you are of legal age in your country of residence and the country from which you are accessing this Platform. In the United States, you must be at least 21 years old when you use the Platform. You represent that you have the legal authority and necessary licenses to use the Platform and conduct transactions as described in these Terms and Conditions. This Platform is not intended for users under the legal age. Rising Wines Collective reserves our right to restrict any user’s access who we believe is ineligible due to age because they have violated our Terms and Conditions or at our own discretion for no reason at all.
The Platform and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Rising Wines Collective or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.
The Rising Wines Collective name and related logos are trademarks and service marks (“Marks”) of Rising Wines Collective Marks may not be used without advance written permission of Rising Wines Collective, including in connection with any product or service that is not provided by Rising Wines Collective, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Rising Wines Collective. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.
If you believe that any content on the Platform violates your intellectual property rights, please notify Rising Wines Collective as described in Section 17.
Rising Wines Collective grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource while using the Platform and to engage in transactions on the Platform. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Rising Wines Collective, is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will not:
- Use the Platform in any way that violates any applicable law or regulation.
- Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions.
- Transmit, or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Rising Wines Collective, a Rising Wines Collective employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or which, as determined by Rising Wines Collective, may harm Rising Wines Collective or users of the Platform or expose them to liability.
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
- Use any robot, spider, or other automatic devices, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Rising Wines Collective’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Make a purchase or attempt to make a purchase using any robot, spider, or other automatic devices, software, process, or application.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
For more information, please see our Privacy Notice.
Rising Wines Collective takes fraudulent purchases very seriously. We reserve the right to deny any purchase we determine as a high risk of fraud, including but not limited to any orders or attempted orders made by or through the use of any robot or other automatic device or software.
Products purchased at Rising Wines Collective are for personal use only. By placing an order, you certify that you are purchasing products for personal use only and not for resale of any kind. We reserve the right to refuse orders for any reason and without explanation.
The price for all products is as quoted on the Platform. Availability is subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering. Rising Wines Collective reserves the right to charge a service fees or additional fees.
Some state laws may regulate product availability, set product purchase limitations, or otherwise restrict purchases, which may affect our ability to fulfill order requests. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order.
Order Confirmation and Delivery
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason.
Alcohol may only be sold and delivered to a person who is of legal drinking age. By placing an order on the website, you represent to us that you are of legal drinking age and the person who will be receiving the alcoholic beverage upon delivery is also of legal drinking age. You agree and consent to our comprehensive age verification process, including proof of age at delivery. We comply with all federal, state, and local laws regarding the sale of alcohol to minors.
Find more information about our shipping and order policies here.
This Platform may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Rising Wines Collective. Rising Wines Collective is not responsible for the content or accuracy of any materials provided by any third parties.
Links to Other Web Sites
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE RISING WINES COLLECTIVE ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE PLATFORM, THIS PLATFORM AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS. RISING WINES COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED OR REGARDING THE PRODUCTS SOLD ON THE SITE. RISING WINES COLLECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE FOREGOING DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY LAW.
YOU UNDERSTAND THAT RISING WINES COLLECTIVE CAN NOT GUARANTEE THE ACCURACY OR AVAILABILITY OF PRODUCTS OR PRODUCT DESCRIPTIONS ON THE SITE (I.E., PRICING, PRODUCT IMAGES, AND INDICATIONS OF AVAILABILITY) AS AVAILABILITY AND PRICE MAY VARY, AND THE PARTICULAR TECHNICAL SPECIFICATIONS AND SETTINGS OF YOUR COMPUTER AND ITS DISPLAY COULD AFFECT THE DISPLAY OF PRODUCT COLORS.
Limitation of Liability
RISING WINES COLLECTIVE, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, ANY SITE FOR WHICH IT PROVIDES LINKS, OR ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL). YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO STOP USING THE PLATFORM. RISING WINES COLLECTIVE WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
RISING WINES COLLECTIVE’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, SERVICES, OR SITE CONTENT, WILL NOT EXCEED $100. the limits in this section apply to the extent permitted by law.
You agree to defend, indemnify, and hold harmless Rising Wines Collective, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Platform, including, but not limited to, your content, any use of the Site Content, services, and products other than as expressly authorized in these Terms and Conditions.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that a breach of these Terms and Conditions will cause irreparable injury to Rising Wines Collective, for which monetary damages would not be an adequate remedy, and Rising Wines Collective shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
Waiver and Severability
No waiver by Rising Wines Collective of a term or condition set forth in these Terms and Conditions shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Rising Wines Collective to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and Rising Wines Collective with respect to the Platform and products sold on it and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.
Term and Termination
These Terms and Conditions will remain in full force and effect while you use the Platform and until terminated by Rising Wines Collective. After termination, the provisions of these Terms and Conditions that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 5-17 and the Privacy Notice.
You agree that Rising Wines Collective, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Oregon will govern these Terms and Conditions and any disputes under them without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms and Conditions shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Multnomah County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Communications and Contact Information
Rising Wines Collective may contact you regarding these Terms and Conditions or the Privacy Notice using any Information you provide or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Rising Wines Collective, you can click on the “unsubscribe link” provided in such communications or contact us at firstname.lastname@example.org.
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms and Conditions, and the Privacy Notice, please contact us at email@example.com or by mail at:
Rising Wines Collective
7683 SE 27th St. #333
Mercer Island, WA, 98040