Terms & Conditions
At Winelist NYC, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Winelist NYC, its affiliates, and its and their parent and subsidiary companies (collectively, “Winelist NYC,” “we,” or “us”) with respect to your use of this website and any other Winelist NYC owned websites, micro-sites, and social media pages and accounts (collectively, “Winelist NYC Sites”), all Winelist NYC-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Winelist NYC Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Winelist NYC Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Winelist NYC Services, specific areas of certain Winelist NYC Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Winelist NYC Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Winelist NYC Sites or Applications will be controlling with respect to those particular areas. Winelist NYC reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Winelist NYC Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Winelist NYC Sites, Applications or any other website in regards to Winelist NYC, or while contacting any of our Member Services team, will not be tolerated.
You must be at least 21 years of age to use Winelist NYC sites and purchase alcohol through Winelist NYC Services. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by a licensed winery who receives all orders. To address possible state alcoholic beverage law concerns, Winelist NYC pays for new member referrals and discount shipping through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.
Your use of the Winelist NYC Sites, Applications and Services is subject to our Privacy Notice located at winelistnyc.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Winelist NYC.
Registration. If you wish to utilize Winelist NYC Services, you agree to complete the initial registration process according to the requirements stated on the applicable Winelist NYC Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Winelist NYC Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Winelist NYC that your use of a payment card in connection with any purchase you make on or through Winelist NYC Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Winelist NYC if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Winelist NYC to charge such amount to your payment card at that time.
All alcohol listings are intended for individuals who are 21 years of age or older. Winelist NYC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
WINELIST NYC MEMBERSHIP
Membership Program. You may become a Winelist NYC Member by providing the requested registration information and submitting it to Winelist NYC through the Winelist NYC Sites or Applications. By becoming a Member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from Winelist NYC once a month until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $12.99 to $74.99 per bottle. A shipping charge of $9 may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Winelist NYC to charge your credit card (including shipping and any applicable tax) for each monthly Winelist NYC Membership wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
WINELIST NYC SELECT MEMBERSHIP
Winelist NYC Select Membership Program. To become a Winelist NYC Select Member, click on the Account Settings tab on the My Account page and opt into the program. By becoming a Winelist NYC Select Member and placing an order, you agree to receive a shipment of at least four (4) bottles of premium wine, recommended by Winelist NYC based on your palate profile, once a month until you cancel your membership. You may suspend or cancel your membership any time (see “Winelist NYC Membership”). Premium bottles are any wines listed on a Winelist NYC website with a price point greater than $12.99 per bottle. A four bottle order cost potentially range from $60-$160 A flat shipping charge of $9 may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a Winelist NYC Select Member and providing your membership and credit card information, you authorize Winelist NYC to charge your credit card (including shipping and any applicable tax) for each monthly Winelist NYC Select Member wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
WINELIST NYC À LA CARTE ORDERS
À La Carte Orders. You may order wine from Winelist NYC on an à la carte basis by providing the requested information and submitting your order to Winelist NYC through the Winelist NYC à la carte page. A shipping charge of $15 may apply based on the size of your order. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize Winelist NYC to charge your credit card (including shipping and any applicable tax) for your à la carte wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, or to cancel your order.
WINELIST NYC BRANDED MEMBERSHIPS
Winelist NYC Branded Memberships. You may join Winelist NYC Branded Memberships by submitting the requested registration information and purchasing Winelist NYC products from the unique Branded Membership Winelist NYC Sites or Applications. By enrolling in Winelist NYC Branded Memberships and placing an order, you agree to receive a shipment of wine from Winelist NYC once a month during the duration of the Winelist NYC Branded Membership. You may cancel your Winelist NYC Branded Membership any time. Prior to placing your initial order, you will have the option to prepay for your Winelist NYC Branded Membership or to agree to a monthly charge. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Winelist NYC to charge your credit card (including shipping and any applicable tax) for theWinelist NYC Branded Membership prepayment or for each monthly shipment, depending on your selction. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership. If you cancel at least 3 days prior to the shipment of your initial order, you will receive a full refund of the Winelist NYC Branded Membership purchase price. Cancellation requests received following receipt of Winelist NYC Branded Membership orders will be refunded on a pro rata basis.
WINELIST NYC INSIDER ACCESS
Winelist NYC offers members the opportunity to participate in its membership rewards program (the "Winelist NYC Insider Access"). To become a Winelist NYC Insider Access member, simply purchase any Winelist NYC item on this Site or through an applicable Winelist NYC Service, opt-in to Winelist NYC Insider Access and you will be automatically enrolled (including the monthly, automatic charge feature). Upon enrollment in the Winelist NYC Insider Access, you will receive new recommendations of wine every month. You will also receive emails, newsletters, special offers and other updates to maximize your experience. As a valued Winelist NYC Insider Access, you will enjoy exclusive Winelist NYC Insider Access member-only pricing and dedicated promotions. By enrolling in Winelist NYC Insider Access, you agree to allow Winelist NYC to charge a monthly membership fee each month on the date you enrolled (“Experience Date”) until you cancel. If you do not make a purchase and do not 'Skip the Month' at least three (3) days before your Experience Date,your credit card will be charged an automatic monthly membership fee of $59.95 redeemable for member credits. Each Winelist NYC Insider Access credit will be applied to your Account and can be redeemed toward the purchase of Winelist NYC items during any future month. You may 'Skip' as many months as you like, there is no obligation to buy. Even if you decide to 'Skip' any month, you may return to your Account at any time to make a purchase.
WINELIST NYC SMS ALERT AND NOTIFICATION SERVICE
If you enroll in Winelist NYC’s SMS Alert and Notification Services, you will be subscribed to receive text messages from Winelist NYC containing shipment status details about your Winelist NYC orders. Message frequency depends upon your account activity and number of purchases. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. Winelist NYC and the mobile carriers are not liable for delayed or undelivered messages.
Winelist NYC does not charge a separate fee for this service; however standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participate in this service, you approve any charges imposed by your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
To stop receiving text messages, text STOP, STOP ALL, UNSUBSCRIBE, CANCEL, END or QUIT to 25829. You may also unsubscribe from the Winelist NYC SMS Alert and Notification Service by texting 212-787-2274 or under your account Experience Preferences at winelistnyc.com.
For help or information on the Winelist NYC SMS Alert and Notification Service, send “HELP” to 25829 or text 212-787-2274.
WINELIST NYC'S' COMMITMENT TO QUALITY
If you are dissatisfied with your Winelist NYC purchase for any reason, please contact Winelist NYC Member Services at (855) 282-5829 or via live chat available at winelistnyc.com between 6:00 a.m. and 5:00 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Winelist NYC. Subject to the conditions set forth here, Winelist NYC will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Winelist NYC Gifts are nonrefundable.
WINELIST NYC REFERRAL CREDIT PROGRAM
Winelist NYC may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases from Winelist NYC when they invite friends to become members of Winelist NYC and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Winelist NYC invitation channel (e.g. an invitation sent through Winelist NYC's website, Facebook or another social media channel supported by Winelist NYC). You may only earn Referral Credits via Winelist NYC’s authorized member invite mechanisms. Referrals outside of Winelist NYC authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first and second completed purchase(s) made by a friend who makes his or her first purchase with Winelist NYC as a result of an invite from you via a Winelist NYC authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you will not receive Referral Credit, and Winelist NYC will have no liability to you for your friend’s failure to follow directions. Total Referral Credits for referring a friend may be divided across up to two (2) completed purchases and deposited after each such purchase. If your friend only makes one (1) purchase, no additional Referral Credits will be deposited in your account for that referral.
Registering multiple Winelist NYC accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Winelist NYC's referral credit program may, without limiting any other Winelist NYC rights or remedies, result in forfeiture of your Winelist NYC Membership, Winelist NYC Select Membership, Winelist NYC Branded Membership, Winelist NYC Insider Access and/or all Referral Credits in your account. Winelist NYC reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Winelist NYC. You may not conduct your own promotion in connection with our Referral Credit Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Winelist NYC, and you may not use any trademarks of Winelist NYC without obtaining written permission from Winelist NYC.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees completes a purchase and that purchase is shipped. Referral Credits are not awarded for Winelist NYC Gift Card purchases. Referral Credits earned via Winelist NYC may only be used on the Winelist NYC Sites and Applications and may not be used toward the purchase of a Gift Card or on any other website not affiliated with Winelist NYC.
The Referral Credit Program is void where prohibited by law. Winelist NYC reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Winelist NYC will have no liability for any errors displayed in your account.
WINELIST NYC MEMBER CREDITS
Winelist NYC Member Credits (collectively “Member Credits”) are credits purchased by the customer. Member Credits do not include credits earned via referral, Give a Box, gifts, promotions, or other discounts.
Member Credits and their use are subject to these Terms. In order to purchase Member Credits, you will need to provide certain information, including but not limited to, name, email address, and a valid credit card number. The value of Member Credits will show up in your account as an account credit. The purchase of Member Credits is non-refundable and not cancellable.
Use. In order to redeem Member Credits, the order recipient must be a resident of the United States in a state where it is legal to directly ship wine. Member Credits must be redeemed toward the purchase of eligible products on winelistnyc.com. Purchases are deducted from the Member Credit balance. If an order exceeds the amount of outstanding Member Credits, the balance must be paid with a credit card or other available payment method. To view your redeemed Member Credit balance, visit "My Account" on winelistnyc.com.
Cancellation and Expiration. After delivery of an email confirmation of the purchase of Member Credits, the Member Credits cannot be cancelled and the purchase is final and non-refundable. Member Credits do not have an expiration date.
Limitations. Member Credits may only be used on Winelist NYC Sites and Applications, toward the purchase of eligible products. Existing Member Credits cannot be used towards the purchase of additional Member Credits. Member Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Void where prohibited by law.
WINELIST NYC GIFTS CARDS
Purchase. E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. The value of a Gift Card will show up in the recipient's account as an account credit or the Gift Card may be submitted as payment at the time of a Winelist NYC product purchase. The purchase of a Gift Card is non-refundable and not cancellable.
Use. In order to redeem a Gift Card, the recipient must be a member of Winelist NYC and a resident of the United States in a state where Winelist NYC is legally able to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on Winelist NYC sites and applications. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Winelist NYC account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view your Gift Card balances, visit "My Account" on winelistnyc.com and go to "Account Credits."
Priority of Credit Use. When making a purchase with a Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your account credits. Priority of account credit use shall be as follows: first, credits that have an expiration date (for example, referral credits), and second, credits that do not have an expiration date (for example, Gift Cards). Within a specific class of credits, credits will be used according to their age (oldest being used first).
Referral Credits. If a purchaser buys an E-Gift Card for a non-member of Winelist NYC and the recipient then becomes a member of Winelist NYC, the purchaser will not receive any referral fee if the recipient's first purchase is with a Gift Card.
Cancellation and Expiration. After delivery of an email confirmation of the purchase a Gift Card, the Gift Card cannot be cancelled and the purchase is final and non-refundable. Gift Cards do not have an expiration date.
Limitations. (1) Gift Cards may only be used on Winelist NYC sites and applications, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (2) Gift Cards cannot be used to purchase additional Gift Cards; (3) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (4) unused Gift Card account credits may not be transferred.
RISK OF LOSS
All items purchased from Winelist NYC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Winelist NYC (in its sole discretion) may issue a replacement for the balance shown in its records. Winelist NYC is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
RESTOCKING AND RESHIPMENT FEES
Orders returned to Winelist NYC may be subject to a reasonable restocking fee. Winelist NYC reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
DISCLAIMER OF WARRANTIES
THE WINELIST NYC SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE WINELIST NYC SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WINELIST NYC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER WINELIST NYC NOR ANY PERSON ASSOCIATED WITH WINELIST NYC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WINELIST NYC SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WINELIST NYC NOR ANYONE ASSOCIATED WITH WINELIST NYC REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WINELIST NYC SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WINELIST NYC, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WINELIST NYC SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND WINELIST NYC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
You agree to defend, indemnify and hold harmless Winelist NYC and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Winelist NYC Sites, Applications or Services.
The trademarks and service marks displayed on the Winelist NYC Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Winelist NYC and its licensors. For a list of Winelist NYC trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Winelist NYC Sites, Applications and Services are trademarks, service marks or trade dress of Winelist NYC in the U.S. and other countries. Winelist NYC’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Winelist NYC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Winelist NYC. All other trademarks not owned by Winelist NYC that appear in any Winelist NYC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Winelist NYC.
All content included on or made available through any Winelist NYC Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Winelist NYC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Winelist NYC Sites, Applications and Services is the exclusive property of Winelist NYC and protected by U.S. and international copyright laws.
SUBMITTED MATERIALS AND IDEAS
While we appreciate your interest in Winelist NYC and our business, Winelist NYC does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Winelist NYC might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Winelist NYC Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
LINKS TO THIRD-PARTY WEBSITES
Winelist NYC Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Winelist NYC has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Winelist NYC Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND WINELIST NYC MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Winelist NYC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Winelist NYC Terms, your use of Winelist NYC Sites, Applications or Services, or to any products sold or distributed by Winelist NYC or through Winelist NYC Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies 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 these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by texting 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Winelist NYC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Winelist NYC subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Winelist NYC members, but is bound by rulings in prior arbitrations involving the same Winelist NYC member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Winelist NYC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Winelist NYC agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Winelist NYC members.
If for any reason a claim proceeds in court rather than in arbitration both you and Winelist NYC each waive any right to a jury trial. You and Winelist NYC also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Winelist NYC Sites, Applications or Services, or any products sold or distributed by Winelist NYC or through Winelist NYC Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Winelist NYC agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Winelist NYC Sites, Applications or Services, or any products sold or distributed by Winelist NYC or through Winelist NYC Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of these Terms by Winelist NYC shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Winelist NYC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court 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 these Terms will continue in full force and effect.
UNITED STATES ONLY
Unless otherwise specified, the Winelist NYC Services are presented solely for the purpose of promoting products and services available in the United States. Winelist NYC makes no representation that the Winelist NYC Services are appropriate or available for use in other locations. If you access Winelist NYC Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Winelist NYC with respect to the Winelist NYC Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Winelist NYC reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Winelist NYC Referral Program, at any time. If Winelist NYC makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at winelistnyc.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at (855) 282-5829 or via live chat available at winelistnyc.com between 6:00 a.m. and 5:00 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday. If you choose to continue using the Winelist NYC Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
The date these Terms were last updated is set forth at the top of this page.
If you have questions or comments about these Terms or the Winelist NYC Sites, Applications or Services, please write, phone or email us via the contact information below:
1123 Broadway, Suite 1007
New York, NY 10010
©2020 Winelist NYC. All Rights Reserved.