TERMS OF USE

This Website, www.millerfamilywineclub.com, is operated by Miller Family Wine Brands, LLC, a California bonded winery. All references to “our”, “us”, “we” or “Company” refer to Miller Family Wine Brands, LLC, its subsidiaries, affiliates and/or associates, as appropriate.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, and use of, www.millerfamilywineclub.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. Please read the Terms of Use, Privacy Policy and Shipping Policy carefully before you use the Website. When accessing and using this Website, you agree to the terms and conditions that follow.

Permitted Users

This Website is intended to be used and accessed only by people who are of legal age to purchase and consume wine. If you are of legal age in your country of residence and the country from which you are accessing this Website, please continue. If you are not, please exit this Website immediately. By continuing, you affirm that you are of legal age to purchase and consume wine in your country of residence and the country from which you are accessing this Website.

Links

This Website may include links to other websites, some of them operated by third-parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites or references to unaffiliated products should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You should review the site policies and terms of use of any linked sites.

Accuracy and Completeness

We are not responsible if information that we make available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this Website shall be at your own risk. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

Use of Material From This Website

This Website (including all its contents) is the property of the Company or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. We authorize you to browse through the Website and print and download copies of material on the Website for your personal, noncommercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the Website in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the Website in any manner or medium, including by uploading the material or otherwise making the material available on-line.

Trademarks

This Website features logos and other trademarks and service marks that are the property of, or are licensed to the Company. The Website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Privacy and Security

Login Required

In order to access some of the offerings on this Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

Passwords & Security

If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

Disclosure to Third Party Affiliates

You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS PARENT, SUBSIDIARY, JOINT VENTURE, PARTNERSHIP OR AFFILIATED COMPANIES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction

The laws of the State of California govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the State of California for any action to enforce these Terms of Use, the Privacy Policy and the Shipping Policy. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms

We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Website. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this Website following the posting of changes to these terms or other policies means you accept the changes.

Privacy Policy

Effective Date: April 13th, 2018

Miller Family Wine Brands, LLC (“Company”) Privacy Policy covers Company’s treatment of personal or personally identifiable information (“Personal Information”) that may be collected when you are on the Company’s web site and when you use the Company’s services. This policy does not apply to the practices of companies that Company does not own or control, or to individuals that are not under Company’s supervisory control.

Collection and Use of Personal Information

We may collect Personal Information ((such as your name, address, telephone number and e-mail address) when you use certain services on our Website or when you visit cookie-enabled web pages. We may also log your IP address when you use our Website. We use this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on our website. We may also use “cookie” files to better serve your needs by creating a customized Website which fits your needs.

Contact Us

If you communicate with us through the “Contact Us” link on our Website, we may ask you for information such as your name, email address and telephone number so we can respond to your questions and comments. We also may use the information you provide to evaluate the quality of our products and to communicate with you about our products and services.

Join Our Mailing List

On our Website, you may sign up to receive newsletters, exclusive offers and promotions, notice of special events, and product news. To sign up, we ask you for contact details such as your name and e-mail address. We use your contact details to send you the information you request and communicate with you about our products and services. You may also stop the delivery of future e-mail from us by clicking on a link provided in every e-mail. It may take up to 15 days to honor your request. By providing your personal information in signing up, you consent to our transferring and processing it in the United States.

Wine Club Memberships and On-Line Purchases

If you choose to make a purchase or join a wine club, we may collect information such as your name, address, phone number, date of birth, and credit or debit card information. We use this information to process your order, communicate with you about our products and promotions, and collect feedback on your experience on this Website. By entering personal information to make a purchase, you consent to our transferring and processing it in the United States.

User Accounts

We allow users to set up personal accounts to shop in our online store. You have the ability to edit your User Information at any time and may delete your account at your convenience.

Sharing and Disclosure of Personal Information

We do not sell or otherwise disclose information about our Website visitors, except as described here. We may share the information with service providers we have retained to perform services on our behalf, including common carriers who deliver wine on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

Encryption

We maintain administrative, technical and physical safeguards on this Website to help protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on the Website. We use secure socket layer (SSL) technology to help protect your credit card information as it is transmitted to us.

Links To Third-Party Websites

From time to time, we may provide links to third-party websites. These websites may operate independently from us and may have their own privacy statements in place, which we strongly suggest you review if you visit any linked website. To the extent any linked website you visit is unrelated to the Company, we are not responsible for its content or any use of the website.

Your California Privacy Rights

California Do Not Track Notice

Because there are not yet common, industry accepted “do not track” standards and systems, our Website does not respond to Do Not Track signals. In addition, we may allow third parties to collect personal data from your activity on our Website, as described in the “Information We Share” section above.

California Disclosure Information

If you are a resident of California, you may ask us to refrain from sharing your information (whether collected online or offline) with our affiliates and other third-parties for direct marketing purposes. Please tell us your preference by contacting us as indicated in the “How to Contact Us” section of this Privacy Policy.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use information you have provided through our websites in a manner that is consistent with this Privacy Policy.

Updates To Our Privacy Policy

This Privacy Statement may be updated periodically and without prior notice to you to reflect changes in our information practices. If there are material changes to our Privacy Policy, we will post a prominent notice on our Website and indicate at the top of the statement when it was most recently updated and provide other appropriate notice to you.

How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you, please contact us by emailing us at [email protected]

Shipping, Returns, & Cancellations

SHIPPING POLICY

Deliveries can only be made to physical addresses. We cannot ship to Post Office boxes or APR/FPO addresses. Some states restrict the amount a consumer can have shipped from us. The information below is a summary of the quantities we can ship.

Alcoholic beverages may be sold and delivered only to persons who are at least 21 years old. By placing an order, the buyer represents that the buyer is at least 21 years old and the person to whom delivery will be made is at least 21 years old. When the wine is delivered, the person receiving the delivery may be required to show identification proving that he or she is at least 21 years old. We cannot guarantee the condition of your wine if we are not able to deliver on the first delivery attempt. We will not be able to refund any shipping charges if your package is returned to us due to the inability to secure an adult signature for your wine delivery.

Orders are deemed consummated in California regardless of where shipped or the location of the purchasing party. Title to all wine passes to the buyer at the time of purchase in the state of California. If you require that your wine be shipped, you authorize Turn Key Wine Brands as an agent to engage a common carrier to deliver the wine on your behalf.

Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Turn Key Wine Brands is not responsible for and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser. Turn Key Wine Brands is not responsible for the mishandling of product by any common carrier. All costs associated with the return to Turn Key Wine Brands due to unsuccessful delivery attempts will be charged to the customer. In the unlikely event of damages in transit, customers are responsible for filing claims directly with the respective third-party transit carrier.

RETURNS & CANCELLATIONS

We may replace or refund you for any bottle of wine that is damaged, flawed or that the customer finds unsatisfactory. We may ask the customer to return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please send an email to [email protected] to arrange for the return of corked or flawed product.
Once the wine is received we can refund your credit card account for the cost of the wine less shipping and handling. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges.