Uncorked Terms & Conditions

Effective date: July 1, 2021

This Agreement is by and between UncorkedWines, LLC (" Uncorked", " we" or " our" or “us”) and you. By accessing, using, registering for, or purchasing products or services through Uncorkedand its related websites and applications owned or operated by or on behalf of Uncorked, including through the secure order process (collectively, the “Users,” “Products,” “Services,” and together with all other websites and applications, the “Websites”), you agree to be bound by these Terms and Conditions.

By using the Websites, you are agreeing to be bound by the terms and conditions of the agreement (“Terms”) as they are stated at the time of your use of the Websites. Uncorked reserves the right to modify these Terms at any time, and therefore, we recommend that you read these Terms carefully each time you use the Websites. If you do not agree with these Terms, you should not access, use, register for, or purchase Products from the Websites.

You must be at least 21 years of age to access and purchase Product through the Websites. All content, offers and promotions on the Websites are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use.

User Account Registration

In the course of your use of our Websites, we may collect your personal information when you access or use the Services (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy. Our Privacy Policy contains information about how we use and disclose the personal information we collect about you. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information you provide to us. To access certain features of the our Websites, you may be required to register and to select a user name and password (a “User ID”) during the secure order process. When you register, you agree to provide us with accurate and complete registration information. You are responsible for maintaining the security and confidentiality of your password. You are not authorized to share your user ID with any other person and agree to immediately notify us of any unauthorized use of your user ID of which you become aware. Uncorkedis not responsible for any losses arising out of the unauthorized use of your account. Uncorkedhas the right to refuse registration of, or cancel, your user ID in its sole discretion.

In order to purchase any Products, you must supply certain information, including your full name, date of birth, billing and shipping address, telephone number, and payment card information.

By providing this information, you authorize Uncorkedto charge any of your purchases to the payment card provided and retain your billing information for future transactions on your account. You represent that all information you provide will be accurate, complete, and current and that you will comply with the terms of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. Your right to use the service or a specific product is conditional upon our receipt of payment. If any charge is declined by your payment card, we reserve the right to immediately either suspend or terminate your account and access to the Websites.

Website Purchases

Uncorked may allow third parties to offer goods or services on the Website. The Uncorked undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions, pricing and images. However, Uncorked does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.

We do not sell, offer to sell or solicit sales of alcohol. Our Website enables you to search online for alcohol and other products available for sale by alcohol beverage licensees including retailers and other parties permitted to sell alcohol directly to consumers ("Licensees"). The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location. Our service may be limited or not available at all in some places due to local law or other restrictions.

When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.

Title to, and ownership of, all alcohol beverages passes from a Licensee to the purchaser at the Licensee’s location or warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, the applicable Licensee is providing a service to and acting on behalf of the purchaser. By utilizing this service from Uncorked.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcohol beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Website (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders, if applicable. Uncorked shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.

The risk of loss and title for all products ordered on the Uncorked Website passes from the Licensee to you when the product is delivered to the shipping carrier. Uncorked is not liable for any delays in shipments. Any shipments that are refused or returned are subject to a re-shipping or re-stocking fee. Upon receipt, proof of legal age using a valid government identification may be required. You should contact our Websites’ customer service directly via the contact information provided below for any inquiries or customer service issues related to products purchased through the Website. To ensure that you are able to order wine for direct shipment from the Website, please consult the specific state requirements for your state.

Product Shipping

Uncorked may allow third parties to offer goods or services on the Website. Uncorked undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions, pricing and images. However, Uncorked does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.

Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Website (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders, if applicable. Uncorked shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.

The risk of loss and title for all products ordered on the Uncorked Website passes from the Licensee to you when the product is delivered to the shipping carrier. Uncorked is not liable for any delays in shipments. Any shipments that are refused or returned are subject to a re-shipping or re-stocking fee. Upon receipt, proof of legal age using a valid government identification may be required. You should contact our Websites’ customer service directly via the contact information provided below for any inquiries or customer service issues related to products purchased through the Website. To ensure that you are able to order wine for direct shipment from the Website, please consult the specific state requirements for your state.

License

We grant you a non-exclusive, non-assignable and non-transferable license to access the Websites onlyin accordance with these Terms. Copying, displaying, publishing, reprinting, distributing, or modifying any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You agree not to modify, amend, reduce the size of or in any way obliterate any warnings, liability limitations, disclosures or notices (including any copyright or trademark notice) associated with the information. You may not sell or modify, reproduce, display, publicly perform, distribute or otherwise use Website material in any way for any public or commercial purpose. You may not copy or adapt the HTML code that Uncorked creates to generate the pages of the Websites, which code is also protected by Uncorked’s copyright. If you violate any of these Terms, your permission to use Website material automatically terminates and you must immediately destroy any copies you have made of Website material. The contents of the Websites, including the text, graphics, images, logos, editorial content, notices, software (including HTML-based computer programs) and other Website material are protected under both United States and foreign copyright, trademark, and other laws.

Liability

You expressly agree to assume the risk regarding the performance of the Websites and the accuracy of Website material. Changes are periodically made to the Websites and to information contained in the database(s) from which information the Websites is derived. The information and services included in or available through the Websites may include inaccuracies and/or typographical errors. Use of the Websites is at your own risk, and you agree that Uncorked is not liable for any inaccurate information contained in or derived from the Websites. Uncorked may make improvements and/or changes to the Websites at any time.

THE WEBSITES, THE MATERIAL, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. UNCORKED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NONE OF UNCORKED, THIRD-PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED WITHIN THE WEBSITES; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS CONTAINED ON THE WEBSITES WILL BE CORRECTED; OR THAT THE WEBSITES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS. UNCORKED DOES NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL OR GOODS. IN ADDITION, UNCORKED OR ANY OTHER THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS, DO NOT MAKE ANY WARRANTY AS TO THE RELIABILITY OF OR RESULTS TO BE OBTAINED FROM USE OF THE WEBSITES, MATERIAL OR OTHER INFORMATION ACCESSIBLE THROUGH THE WEBSITES. IF YOUR USE OF THE WEBSITES OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UNCORKED IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WITH SUCH SERVICING OR REPLACEMENT. YOU SPECIFICALLY AGREE THAT UNCORKED SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES. YOU SPECIFICALLY AGREE THAT UNCORKED IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT UNCORKED IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE WEBSITES BY ANY THIRD PARTY.

IN NO EVENT SHALL UNCORKED AND/OR ANY THIRD PARTIES MENTIONED ON THE WEBSITES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE WEBSITES, THE MATERIAL, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR UNCORKED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNCORKED’s MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PARTICULAR ORDER THAT INCLUDED THE PRODUCTS AND SERVICES GIVING RISE TO THE LIABILITY. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE WEBSITES OR MATERIAL WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONETARY DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR OTHER DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN UNCORKED’s AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.

Restricted Use

Without limiting the generality of any other provisions in these Terms, you agree you shall not and you also agree not to allow any other individual or entity to:

  • Create user accounts by automated means or under false or fraudulent pretenses or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Websites;
  • Collect or store personal data about other users in connection with the prohibited activities described in these Terms;
  • Submit content that is indecent, pornographic or otherwise objectionable, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by Uncorked in its sole discretion
  • Submit to the Websites any content that falsely states or implies that such content is sponsored or endorsed by Uncorked;
  • Access or attempt to access data not intended for your use or log into an account that you are not authorized to access;
  • Submit content to the Websites that is unlawful or facilitates, constitutes, promotes or encourages illegal activity, or otherwise use the Websites to transfer or store illegal material, including any material deemed threatening or obscene;
  • Use the Websites’ or Uncorked’s name, logo, or brand to send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other content using the Websites’ or Uncorked’s trademarks, logos, URLs, or product names without Uncorked’s written consent;
  • Systematically download and store any materials;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Websites or the IT infrastructure used to operate and make the Websites available;
  • Attempt to probe, scan, or test the vulnerability of the Websites or its network;
  • Transmit or otherwise make available material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” data mine or otherwise gather any materials, or reproduce or circumvent the navigational structure or presentation of the Websites, without Uncorked’s express prior written consent;
  • Remove any copyright, trademark, or other proprietary rights notice contained in or on the Websites;
  • Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Websites;
  • Violate any law, rule, or regulation, or these Terms

In the event that you inadvertently obtain access to information belonging to or intended for a third party through the Websites, you will: (i) not produce a physical copy of such information; (ii) disregard such information; and (iii) immediately inform Uncorked of such inadvertent access, including all of the circumstances leading to and surrounding such access and any dissemination of such third-party information beyond the Websites and all steps taken by you or on your behalf to prevent the further dissemination of such third-party information.

Website User Content

Except for personal information as described in and collected under the guidelines established by our Privacy Policy, you agree that all submissions (e.g., reviews, comments, feedback, submissions, suggestions, questions, and photographs), in any media or medium and regardless of format, made by you or on your behalf, whether offered or disclosed to Uncorked on or through Websites, or otherwise (collectively, “User Content”) will be considered non-confidential and non-proprietary and may be used by Uncorked for any purpose. By submitting User Content to Uncorked, you irrevocably transfer and assign to Uncorked and agree to waive and never to assert any copyrights or other rights that you may have in such User Content. Uncorked will be free to copy, disclose, distribute, incorporate and otherwise use or destroy the User Content and all data, images, sounds, text and other things embodied in the User Content for any and all commercial or noncommercial purposes.

  • Uncorked will have the right, in our sole discretion, to monitor, evaluate, and analyze User Content, and any use of and access to the Uncorked Websites, including to determine compliance with these terms in these Terms and any other operating rules that may be established by Uncorked from time to time.
  • You may not post, upload or transmit any User Content that infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or is proprietary to a third party, without such third party’s prior written consent.
  • You are solely responsible for any User Content you post, publish or display on the Websites. We reserve the right, but undertake no obligation, to monitor disputes between you and any other user, or any other entity or individual, in connection with the Websites. You are solely responsible for the resolution of any disputes that arise between you and any other user.

Proprietary Rights

Except as expressly set forth herein, nothing in these Terms grants you any rights in respect of any intellectual property owned by Uncorked or its licensors, and you acknowledge that you do not acquire any ownership rights by accessing or using the Websites. All intellectual property rights in the Websites are owned by Uncorked or its licensors. You acknowledge and agree that the Websites, its content, content contained in sponsor advertisements and information presented to you through the Uncorked Websites contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Uncorked in writing, you agree not to copy, modify, publish, transmit, transfer, display, rent, lease, loan, sell, distribute or create derivative works based on the Websites, in whole or in part

Electronic Communications

By entering into these Terms or using the Services, you agree to receive electronic communications from us via e-mail and push notifications. These communications may include information about your Order, operational notices about the Services or your Account (e.g., password changes and other transactional information), and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. By providing your phone number to us, you consent to receive calls or text messages at any such phone number sent by us or on our behalf. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. If you wish to opt out of promotional calls or texts, you may respond to any promotional text received on your mobile device with the word “stop” to opt out of promotional texts.

Proprietary Information

The Sites contain material, such as text, graphics, images, and other material provided by or on behalf of us (the “Content”) that is owned by us or our licensors and is protected under both United States and foreign laws. We reserve all rights to our Content and may at our discretion, change Content, remove Content, restrict access to certain Content sections of the Services, or discontinue any aspect of the Services, without notice or penalty.

We also retain all rights, title, and interest in and to the Services, including all data, materials, specific implementations of code, the look and feel, the design, and all other aspects of the trade dress of the Services, and retain all intellectual and property rights therein. The Services contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Uncorked. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Uncorked and/or other parties is granted to or conferred upon you and you may not:

  • Use our trademarks, service marks or logos without our written permission in each instance;
  • Copy or use the Content for any purpose other than your own personal use in accordance with these Terms;
  • Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
  • Sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose

If you believe that any of the content accessible through the Sites infringes your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:
   Attn: Copyright Agent, Legal Department
   Terlato Wine Group
   900 Armour Drive
   Lake Bluff, IL 60044
   1-847-604-8900
   copyrightagent@twg.com

If you fail to comply with all of the requirements of Section 512(c)(3) of DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Indemnity

You agree to indemnify, defend, and hold Uncorked and its respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys’ fees) (collectively the “Claims”), regardless of whether such Claims are brought rightfully or wrongfully, incurred by Uncorked in connection with (a) your use or alleged use of any of the Websites, (b) any use or alleged use of any of the Websites under your password by any person, whether or not authorized by you, (c) the use of any Product that you purchase or obtain through the Websites, whether that use complies with or occurs in violation of applicable laws, rules or regulations, any applicable product labeling, instructions, or these Terms. Uncorked reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Uncorked’s defense of such claim.

Termination

These Terms will remain in full force and effect while you use the Services. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites, at any time for any reason without prior notice or liability. You agree that Uncorked will not be liable to you or to any third party for any unavailability, modification, suspension, or termination of any of the Websites or any content or any features of the Websites. Upon termination of access to the Websites, your right to use services will automatically terminate immediately.

Third-Party Websites

The Websites may contain links to web sites operated by others (“Linked Sites”). Uncorked does not control such Linked Sites and is not responsible for the content and performance of any Linked Site or for your transactions with them, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Our inclusion of links to Linked Sites does not imply any endorsement of the material on such Linked Sites and Uncorked does not in any way operate, control, or endorse any information, products, or services provided by third parties through the Linked Sites.

Governing Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of [Illinois] without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between you and Uncorked for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in [Chicago], [Illinois ], United States of America. You agree that any claim arising from or related to the Services must be filed within twelve (12) months of your use of the Services.

In the event of any dispute shall be resolved upon the petition of either party by binding arbitration before the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. Such arbitration shall otherwise be conducted, pursuant to the AAA’s Commercial Arbitration Rules. The site of any arbitration will be Chicago, Illinois. The award of the arbitrator may be enforced by any court of competent jurisdiction upon the petition of either party. The substantially non-prevailing party in any arbitration shall pay for all arbitration costs, as well as the substantially prevailing party’s attorney’s fees.

Force Majeure:

Uncorked is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, epidemic, pandemic, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Entire Agreement

These Terms comprise the full and final understanding between you and Uncorked and supersede all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. If any provision of these Terms is found to be invalid or unenforceable, the other provisions shall remain in full force and effect.

Changes To These Terms

Uncorked reserves the right to make changes to these Terms, including its Membership program, at time and for any reason. If Uncorked makes changes to these Terms, the date last updated at the top of this page will be modified and we will display a message at the top of this page, which shall serve as notification of changes.

Contact Information

To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please contact us:

By Mail:

Terlato Wine Group
900 Armour Drive
Lake Bluff, IL 60044

By Telephone:

1-844-901-1833

By Electronic Mail:

privacy@Uncorked.com

To contact us for any Uncorked customer service inquiries, please contact us:

By Telephone:

1-888-386-4459 (Monday – Friday 7:30am – 4:30pm PT)

By Electronic Mail:

info@Uncorked.com