RAW WINE CLUB Membership Terms & Conditions
Last Modified: January 24th, 2022
Please take the time to read and understand these RAW WINE CLUB Membership Terms & Conditions (these “Terms”), which govern your RAW WINE CLUB subscription and membership (together, your “Membership”, and Membership subscriber, a “Member”) and your use of the RAW WINE CLUB website www.club.rawwine.com (“Website”). Membership is curated by RAW WINE RAW WINE, a registered trademark and trading name of That Crazy French Woman Ltd. (“TCFW”), which owns and operates (among other properties) www.rawwine.com and the RAW WINE CLUB (“RAW WINE CLUB”). The RAW WINE CLUB Website is owned by TCFW and operated by Pioneer Marketing, LLC d/b/a MYSA Natural Wine (“MYSA”).
To confirm your acceptance of these Terms, please check the box on the Website before purchasing your Membership indicating you agree to be bound by these Terms. Once you check the box and purchase your Membership, you understand and agree that the Terms are a legally binding contract between you and MYSA. If you do not agree to be bound by these Terms, then you should not check the box, in which case you will not be able to activate your Membership.
Membership is restricted to individuals that are at least twenty-one years of age with a residence in the United States outside of the following locations, which are subject to change at any time: U.S. territories and possessions, Alabama, Alaska, Arkansas, Hawaii, Rhode Island, Delaware, Mississippi, and Utah (collectively, the “Excluded Locations”).TCFW and MYSA reserve the right to update the Excluded Locations in their sole discretion and at any time. Addresses within the Excluded Locations are prohibited from Membership. Delivery of Membership Packages (as defined below) will only be delivered to your registered Membership address. By agreeing to these Terms and/or using the Website, you swear and affirm that your Membership address is not in the Excluded Locations and you are over the age of 21.
As part of your Membership, you will receive a monthly wine Membership Package curated in collaboration with TCFW, information about wines you will receive in the Membership Package, opportunities to attend virtual and/or in person wine tasting events, newsletters curated by RAW WINE, and you may receive additional benefits such as other marketing and promotional newsletters from RAW WINE and its sponsors, information on upcoming events, and more (collectively, “Membership Benefits”).
You acknowledge and agree that your ability to avail yourself of certain Membership Benefits may require some additional act on your part, including but not limited to traveling at your own cost to receive a benefit (e.g., to attend an in-person event), interacting with an advertiser, sponsor, or other third party (e.g., to register for or attend an event or receive an exclusive offer, product or discount), access to the internet and a Zoom (or other) free third-party video platform (e.g., for virtual events). Membership Benefits are only for your personal, non-commercial use. You may not assign or transfer your Membership or your right to receive any Membership Benefits to any third party.
Membership Packages and Fees.
The RAW WINE CLUB offers a Membership subscription packages (each, a “Membership Package”, and together, “Membership Packages”) for the Membership Fee listed below (“Membership Fee”)
Your Membership begins upon payment of the first installment of the Membership Fee. The Membership Fees are recurring payments that occur each month at the rate specified herein (except as otherwise provided in these Terms), and you agree to be charged on the date of your initial purchase, and then automatically charged on the 10th of each month thereafter. Prior to the automatic renewal charge each month, and if you have not opted-out of receiving marketing communications, you may receive an email to the email address provided reminding you to update your Membership information, about the upcoming automatic charge, or other information, provided, however, that if you do not receive an email you will still be automatically charged on the 10th of that month unless you cancel your Membership (as provided in Section 4) prior to such date. You may be asked to provide a payment method (such as a credit, charge or debit card number) to activate your Membership, along with other payment information. Any agreement you have with your payment provider governs your use of your specified payment method. You represent and warrant that you have the legal right to use all payment method(s) that you provide. If the payment method on file becomes invalid due to an expired credit card or other similar reason, TCFW reserves the right to immediately suspend your membership until you update your payment method. If you fail to update your payment method within a reasonable amount of time, TCFW may cancel your Membership.
You agree to pay the Membership Fee specified herein for your selected Membership Package (plus any applicable taxes, bank fees, and other charges). TCFW reserves the right to change Membership Fee pricing and billing methods at any time in its sole discretion, provided that if it changes your Membership Fee (except for change in applicable taxes), and provided you have not opted out from receiving marketing communications from TCFW and/or MYSA, TCFW and/or MYSA will send a notification email to you (to your registered Membership email address) before the scheduled date of the transaction incorporating the change. Your failure to cancel and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership at the changed Membership Fee amount. Not receiving a notification email does not absolve you from the obligation to pay the increased Membership Fee if you do not cancel your Membership prior to the 10th of the applicable month.
Duration of Membership; Cancellation.
These Terms will be effective on the date you activate your Membership and will continue unless and until your Membership is cancelled in accordance with these Terms.
You may cancel your Membership at any time by logging in to the account portal section of the Website, and the cancellation will take effect on the next billing period. You will continue to receive Membership Benefits until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period (for example, if you cancel on the 11th of a month, your Membership will continue, and you will receive that month’s Membership Package, and then your Membership will officially cancel, and you will not be billed, on the 10th day of the next month). UNLESS YOU CANCEL YOUR MEMBERSHIP BEFORE YOUR MONTHLY RENEWAL DATE, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE THE COLLECTION OF THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD YOU PROVIDED. MEMBERSHIP FEES PAID ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY TCFW OR AS OTHERWISE SET OUT IN THESE TERMS. You understand and agree that you will still receive marketing communications (as provided in Section 8 below) after cancelling your Membership. If you would like to stop receiving such communications, you may opt-out by following the opt-out instructions in the applicable email communication.
Notwithstanding anything to the contrary in these Terms, TCFW reserves the right to cancel your Membership at any time, for any reason or no reason (including if you violate these Terms or if TCFW in its sole discretion discontinues the RAW WINE CLUB) immediately upon notice to you.
TCFW reserves the right to cancel, modify, or terminate the RAW WINE CLUB at any time for any reason.
Sale, Purchase, and Delivery of Alcoholic Beverages.
You understand that neither TCFW nor MYSA sell or deliver alcoholic beverages, and you are purchasing alcohol each month via your Membership Fee directly from a MYSA third-party alcohol beverage retailer that conducts the sale and facilitates delivery. By becoming a Member and agreeing to the Terms, you are acknowledging that you are over the age of 21 and the person receiving the Membership Package is over the age of 21 and legally entitled to take possession of alcohol/wine. You also agree that the alcohol purchased in the Membership Package is intended for personal consumption and not for resale. If you do not agree to be bound by these Terms, then you should not check the box, and you may not become a Member.
You may always change your account information, including, name, email address, address, and other information in your account portal on the Website.
Any customer service questions related to the RAW WINE CLUB and your Membership may be directed to firstname.lastname@example.org.
Missed Delivery Policy.
Delivery of a Membership Package must be made directly to you (or someone over the age of 21). The Membership Package will not be left if no one over the age of 21 is available to receive the package. Delivery will be attempted at least three (3) times, after which the Membership Package will be returned to sender. If your Membership Package is returned due to missed delivery in good condition, you will be refunded your Membership Fee for that month, minus a twenty-five dollar ($25.00) processing and restocking fee.
Personal Information/Marketing Communications.
You agree that any email addresses and other personal information that you may provide in connection with your Membership are provided voluntarily and may be used by MYSA and TCFW to provide you with Membership Benefits and Membership Packages. In addition, by agreeing to these Terms and purchasing a Membership, you agree to receive news, updates, event invitations, and special promotions from TCFW and its marketing partners, sponsors or affiliates. You may opt out of receiving marketing/promotional communications at any time by following the opt-out instructions in the applicable email.
You are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify MYSA immediately if you suspect unauthorized access to your account. You agree that the TCFW Parties (as defined below) shall not be liable for any loss or damage arising from unauthorized use of your credentials.
In consideration of the Membership Benefits you agree to be photographed, interviewed, filmed, audio-recorded, or otherwise recorded (the “Recordings”) by TCFW and/or its agents or representatives during any virtual or other RAW WINE CLUB events you participant in or attend. TCFW shall own all rights in and to the Recordings, including, without limitation, the perpetual, exclusive, irrevocable, and unencumbered right to use, edit, reproduce, display, perform, create derivative works based upon, distribute, sublicense, assign, publish, promote, market, and otherwise exploit the Recordings, for any non-commercial, commercial, promotional, and/or any other purpose, in whole or in part, in any manner or media now known or hereafter devised, throughout the universe. You hereby grant TCFW the right to use your name, likeness, voice, social media handles, biography, and other identifying information in and in connection with these rights, and in and in connection with the RAW WINE CLUB and the Recordings, including without limitation in the promotion, marketing, or advertising of the RAW WINE CLUB and/or the Recordings. You waive the right to inspect or approve any uses of the Recordings. You further waive, and agree not to bring at any time in the future, any claims against TCFW, MYSA, their respective successors and affiliates, and any of their respective officers, directors, employees, consultants, members, agents, licensees, and assigns (the “TCFW Parties”) that may arise out of the use of the Recordings, including, without limitation, invasion of privacy, rights of publicity, misappropriation, intrusion, false light, and/or defamation.
All text, prices, graphics, logos, icons, images, audio clips, video clips, and software on the Website ("Site Content") are copyrighted materials owned by or licensed to either TCFW or MYSA. The Site Content may contain trademarks, service marks, and trade names which are owned by TCFW and its affiliates or Sponsors, 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 TCFW, its affiliates, or third parties. 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 the Site Content in any way for any public or commercial purpose without prior written consent of TCFW or the rights holder. You may not use the Site Content on any other website or in a networked computer environment for any purpose. If you violate any of these terms, TCFW may immediately terminate your Membership and you must immediately destroy any copies you have made of the Site Content. Nothing contained in the these Terms or the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of TCFW, MYSA, their affiliates, or any third party, and, except as provided in these Terms, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to TCFW, MYSA, their affiliates, and/or any third party, as applicable.
Representations and Warranties.
You represent, warrant, and agree that (a) you are not legally incapacitated and are competent to agree to these Terms; (b) you are a resident of the United States of America; (c) you knowingly and freely assume and accept full responsibility for any and all risks, whether known or unknown to you, arising out of your Membership; (d) you will comply with all stated instructions, terms and conditions governing your Membership, including those governing your receipt of any Membership Benefit and/or Membership Package; (e) you will abide by all applicable laws, rules, and regulations, (including without limitation those related to the purchase, consumption, transportation, and delivery of alcohol/wine); (f) the Membership address you provide as your official Membership address is for a residence not in an Excluded Location; and (g) you are over the age of 21 and the person receiving any Membership Packages is over the age of 21 and legally entitled to take possession of alcohol/wine; and the alcohol purchased in the Membership Package is intended for personal consumption and not for resale.
You shall indemnify, release and hold harmless the TCFW Parties from and against any liabilities, losses, damages, expenses, costs or judgments, including reasonable attorneys’ fees, incurred as a result of any demand, action, suit or similar proceeding, claim or arbitration arising out of or attributable to, directly or indirectly: (a) your negligent or willful misconduct; (b) your consumption of any wine from a Membership Package; (c) your breach or alleged breach of your representations and warranties herein, or any of these Terms, or the terms of any other agreement into which you enter in connection with your Membership; and/or (d) the Recordings and/or the use of the Recordings in accordance with these Terms. TCFW reserves the right to take over the exclusive defense of any claim for which TCFW is entitled to indemnification under these Terms.
Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE TCFW PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT ANY OF THE TCFW PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY.
IF YOU ARE DISSATISFIED WITH YOUR MEMBERSHIP OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE TCFW PARTIES LIABILITY OR YOUR REMEDIES.
In the event you do not agree to any changes in these Terms, your sole remedy is to cancel your Membership pursuant to Section 4 of these Terms. If you do not so cancel, you will be bound to the modified Terms when they become effective. Your continued Membership after the Terms have been modified constitutes your acceptance of the modified Terms.
In the event TCFW or MYSA is hampered, interrupted, delayed, or prevented from providing, continuing, or running as planned, the RAW WINE CLUB or any elements thereof (including, but not limited to, Membership Benefits, Membership Packages (and the delivery of Membership packages), virtual events, or events) due to events beyond their reasonable control, including but not limited to, fire epidemics, pandemics, outbreaks, COVID-19, the actions, restrictions, regulations, or decrees of any governmental body (including, but not limited to, any federal, state, or local governmental or administrative body) (collectively, “Governmental Bodies”), travel restrictions being implemented by Governmental Bodies or the World Health Organization, curtailment or interruption of transportation facilities, weather, labor dispute, strike, war, insurrection, terrorism, acts of God, or other similar or dissimilar event or circumstance (each, a “Force Majeure Event”), TCFW reserves the, and has the, right, in its sole discretion, to terminate, modify, extend, or suspend your Membership and/or the RAW WINE CLUB and/or any affected elements thereof. In the event your Membership, the RAW WINE CLUB and/or any affected elements thereof are terminated, modified, extended, or suspended due to a Force Majeure Event in accordance with this Section, you are not entitled to a refund or reimbursement.
17.1 Notices. Any notice to you under these Terms shall be provided as a post on the Website and/or e-mail to the e-mail address that you provide when you activate your Membership or that you later modify in your Website account settings. Any notice to TCFW or MYSA under these Terms shall be provided by e-mail to email@example.com.
17.2 Governing Law, Jurisdiction and Class Action Waiver. These Terms and all matters arising out of or relating to these Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in the County of New York. Each party hereby agrees to submit to the jurisdiction of, and agrees that venue is proper in, those courts in any such legal action or proceeding.
To the fullest extent permitted by applicable law, no claim under these Terms may be joined to any other claim and no class action proceedings will be permitted, and you and TCFW agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and TCFW agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
17.3 Entire Agreement. These Terms constitute the sole and entire agreement between you and TCFW with respect to your Membership and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your Membership and all other matters contained herein.
17.4 Survival. Sections 3, 4, 6, 8-14, and 17, and any other provision that by its nature should survive cancellation, will survive cancellation of your Membership.
17.5 Miscellaneous. The headings in these Terms are for convenience of reference only and shall have no legal effect. All uses in these Terms of the word “including” or “include” will be deemed to be “without limitation.” The waiver by TCFW of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach. If any provision of these Terms is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions of these Terms shall remain in full force and effect.