Last Updated: February 26, 2025
PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 9) WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH WINE AND BIDS.Welcome to Wine and Bids LLC ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our online wine auction services, including our website, content, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please refrain from using our Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.
BY CLICKING THE “I ACCEPT” BUTTON OR SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, OR OTHERWISE VISITING THE SITE, EFFECTIVE AS OF THE DATE OF SUCH ACTION YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT:
1) YOU HAVE CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTAND THE RISKS, COSTS AND BENEFITS RELATED TO THE WINE AND BIDS SERVICES, INCLUDING ANY SUBSCRIPTION OR OTHER PURCHASES MADE USING WINE AND BIDS SERVICES;
2) YOU ARE 21 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES; AND
3) YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AND CLASS ACTION WAIVER PROVIDED IN SECTION 9 BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY WINE AND BIDS SERVICES.
Wine and Bids connects those offering wine for sale (“Sellers”) and those looking to acquire wine (“Bidders”). The Services act as a meeting place only; the actual contract for sale for each wine listed on the Services is directly between the Seller and the winning Bidder.
When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Seller, Bidder, other registered user or unregistered user, while if we use one of those specific terms, it only applies to that category of user.
Before acquiring a wine from any Seller (each, a “Seller’s Wine”), Bidders are responsible for making their own determinations that the Seller’s Wine is suitable. Wine and Bids is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for making sure that any Seller’s Wine is up to a certain standard of quality. Wine and Bids similarly can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about himself or herself or about any Seller’s Wine he or she is offering is accurate or up-to-date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale and shipment of the Seller’s Wine if there is a winning bid. Each Bidder acknowledges and agrees that if they are the winning bidder in an auction through the Services, their bid is binding on the Bidder and Bidder is responsible for all applicable government fees and taxes for the wine won through such bid in their state.
Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.
Wine and Bids does not directly offer Wine. You hereby acknowledge that Wine and Bids does not supervise, direct, control or monitor the Seller’s Wine and expressly disclaims any responsibility and liability for the Seller’s Wine, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.Sellers may not remove a wine made available for auction on the Services before the end of such an auction. While a Seller’s Wine is listed on the Services, Seller may not list or make available such Seller’s Wine on any other auction, dealership, listing service or publication.
Wine and Bids takes the privacy of its users very seriously. For the current Wine and Bids Privacy Policy, please see the Privacy Policy on our website.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from people under twenty-one (21); if you are a person under twenty-one (21), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a person under twenty-one (21), we will delete that information as quickly as possible. If you believe that a person under twenty-one (21) may have provided us personal information, please contact us at legal@wineandbids.com.
You represent and warrant that you are an individual of legal age to form a binding contract and have reached the age of twenty-one (21). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller’s Wines). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Wine and Bids User ID, account or password with anyone, and you must protect the security of your Wine and Bids User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Wine and Bids User ID and account.
MessagingAs part of the Services, you may receive communications through the Services, including messages that Wine and Bids sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving certain marketing messages.
1.1 You must be at least 21 years of age and reside in the United States to use our Services. By accessing our website, you represent that you meet this requirement.
1.2 By participating in our wine auction, you affirm that you are legally permitted to purchase alcohol in your jurisdiction and have it shipped directly to you.
2.1 Auction Participation: To participate in auctions, you must create an account. You may be required to select a password and username (“Wine and Bids User ID”), and provide us with certain information or data, such as your contact information. You agree to provide us with accurate, complete, and up-to-date registration information about yourself. You may not select as your Wine and Bids User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
2.2 You are responsible for maintaining the security of your account and password. Any activity under your account is your responsibility.
3.1 Listing and Bidding: Sellers list wines for auction, and registered buyers may place bids. Each auction is reviewed before it goes “Live”. The highest bid at auction close wins the lot.
3.2 Binding Commitment: All bids are binding. If you are the winning bidder, you are obligated to complete the purchase.
3.3 Seller Obligations: Sellers must provide accurate descriptions and images of their wine. Any misrepresentation may lead to account suspension or legal action. Seller's are also obligated to obtain proper shipping materials and ship win in a timely manner.
3.4 Buyer's Fees: Winning bidders may be charged a buyer’s premium in addition to the final bid amount. Fees will be disclosed before bidding.
It is free to register for the Services, but certain aspects of the Services may require that you pay us fees. If you decide to use these paid aspects of the Services, you agree to the Fee Terms set forth below, as we may amend them from time to time.
We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
You must pay all fees and applicable taxes associated with our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our third party payment processor, Stripe). Stripe’s terms of service can be found at https://stripe.com/legal.
4.1 Fees:
Listing FeesListing a Seller’s Wine may require payment of a Seller fee based on the Services selected.
Buyer FeesIf you are the winning bidder for a wine listed on the Services, you shall pay us a fee (a “Buyer’s Fee”) consistent with the fee structure displayed with each bid. All Buyer’s Fees are non-refundable.
If you place a bid on the Services, we will place a hold on your credit card in an amount equal to the Buyer’s Fee. We will remove all such holds – except the hold on the winning Bidder’s credit card – after the auction is completed. The hold on the winning Bidder’s credit card will be charged as payment for the Buyer’s Fee immediately after the auction listing ends.
Please visit our “About Us” and “Sell A Wine” pages for more information about our reserve sales and other product features.
Wine and Bids currently allows shipments in the mainland United States (except for Rhode Island, Mississippi, Utah, Arkansas, Delaware and Alabama), as well as Hawaii and Alaska. State and local taxes will be assessed according to the applicable jurisdiction where wines are shipped. Title and risk of loss pass to the Buyer upon transfer of any products to the carrier.
Seller PaymentsWithin sixty (60) days after the end of an auction, Seller must provide Wine & Bids with information it reasonably requires in order to process any payments to Seller under the Services (including, without limitation, PayPal or bank account information and a current IRS Form W-9). If Seller fails to comply with the foregoing, Wine & Bids shall not be liable for, and Seller waives, any and all payment obligations then owed by Wine & Bids to Seller.
4.2 Payment Methods: Payments must be made via the accepted payment methods listed on our website.
4.3 Additional Taxes and Fees: Buyers[“Bidders”] are responsible for all applicable taxes and shipping fees. All Buyer and Seller specific state-imposed alcohol sales requirements are to be followed by both Buyer and Seller. Sellers are responsible for purchasing a proper wine shipping container. See the FAQ’s on our website for more information on where to purchase.
4.4 Non-Payment: Failure to pay for a winning bid may result in account suspension, cancellation of the transaction, and legal action.
4.5 Stopping Usage of Services:
You’re free to do that at any time by contacting us at legal@wineandbids.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Wine and Bids is also free to terminate (or suspend access to) your use of the Services or your account for any reason, or no reason, in our discretion, including your breach of these Terms. Wine and Bids has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Bidder who believes that a Seller may be in breach of these Terms is not able to enforce these Terms against that Seller.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at legal@wineandbids.com, we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
5.1 Shipping Compliance: We advise that all wine sellers comply with all federal and state alcohol shipping laws. Delivery is only available where legally permitted in the U.S.
5.2 Age Verification: A valid ID proving the recipient is 21+ years old is required upon delivery. No refunds will be issued for failed deliveries due to age verification issues. When registering for the Services you will be required to enter the date of birth to verify that you are at least 21 years of age. Seller’s are required to only ship wines through carriers that can deliver wines to individuals who are 21 years of age or older and have provided valid proof of identification upon delivery.
In the event Buyer does not allow the common carrier to verify their age via visual inspection or ID scanning technology, the order will be returned to Seller, and Buyer will incur a $100 return fee. You agree that you will provide evidence of your age as 21 or older at time of delivery if you are a Buyer.
6.1 All Sales Final: Due to the nature of the products, all wine sales are final. No refunds or exchanges will be permitted unless required by law and it is possible to do so.
6.2 Damaged Shipments: Title and risk of loss pass to the Buyer upon transfer of any products to the carrier. If your wine arrives damaged, you must notify us within 48 hours with photographic evidence and we will attempt to help, if possible, on a case-by-case basis. We are not responsible for wine shipments or damaged wine shipments and reserve the right to decline help in these matters in our sole discretion.
7.1 You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
You may not collect any information from or relating to another user (“User Information”), whether via the Services, in the course of offering or making an offer on Seller’s Wine, as applicable, or otherwise, beyond what is necessary to complete your diligence and the auction transaction. Upon the conclusion of an auction, you must properly destroy all User Information from or relating to such a user and make no further use of it whatsoever. You must collect, use, maintain, and transmit all User Information in compliance with all applicable laws.
8.1 What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Wine and Bids’) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Wine and Bids owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
All content, trademarks, and proprietary materials on our website are the property of Wine and Bids LLC. Unauthorized use is strictly prohibited.
8.2 User Submissions:
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.
8.3 Licenses:
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.
By submitting User Submissions through the Services, you hereby do and shall grant Wine and Bids a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Finally, you understand and agree that Wine and Bids, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
8.4 Procedure for Reporting Copyright Infringements:
(1) If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Wine and Bids' Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of works or materials being infringed;
(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
(d) Contact information about the notifier including address, telephone number and, if available, email address;
(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
(c) terminate such content provider's access to the Services if he or she is a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) 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 disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Wine and Bids' Designated Agent at the following address:
Wine and Bids, LLC
Attn: DMCA Designated Agent
10601 Clarence Dr. Suite 250 Frisco TX 75033
8.5 Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Wine and Bids. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Wine and Bids is not responsible for such risks.
Wine and Bids has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Wine and Bids will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Wine and Bids is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Wine and Bids, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive Texas Civil Practice and Remedies Code specifically, Section 154.002 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
9.1 Warranty Disclaimer: Wine and Bids and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Wine and Bids and all such parties together, the “Wine and Bids Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Wine and Bids Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Wine and Bids Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Seller Wines. Seller Wines and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Wine and Bids Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY WINE AND BIDS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WINE AND BIDS (I) DOES MAKES NO REPRESENTATIONS OR WARRANTIES OR ASSUME RESPONSIBILITY FOR ANY WINE ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BIDDER OR OTHER THIRD-PARTY PROVIDER.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.2 Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE WINE AND BIDS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO WINE AND BIDS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
8.3 Indemnity: You agree to indemnify and hold the Wine and Bids Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
8.4 Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Wine and Bids' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
8.5 Choice of Law: These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
8.6 Arbitration Agreement: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Wine and Bids and limits the manner in which you can seek relief from Wine and Bids. Both you and Wine and Bids acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Wine and Bids' officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Dallas County, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Wine and Bids will pay all arbitration fees for claims of less than five thousand ($5,000) dollars. Wine and Bids will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Wine and Bids may assert claims, if they qualify, in small claims court in Dallas County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND WINE AND BIDS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Wine and Bids are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wine and Bids over whether to vacate or enforce an arbitration award, YOU AND WINE AND BIDS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Wine and Bids is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Exclusive Venue. In any circumstances where the foregoing arbitration agreement permits either you or Wine and Bids to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Cars and Bids agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dallas County, Texas, or the federal district in which that county falls.
(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Wine and Bids.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Wine and Bids may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Wine and Bids agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Wine and Bids, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Wine and Bids, and you do not have any authority of any kind to bind Wine and Bids in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Wine and Bids agree there are no third-party beneficiaries intended under these Terms.
Wine and Bids reserves the right to not accept auctions for any reason or no reason.
When you place a Bid, we estimate the tax applicable to your Bid and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the applicable taxing authority, charged to your payment method, and reflected in the order confirmation we provide to you.
Geographic Restrictions. Our website is controlled, operated, and administered in the United States. Wine and Bids makes no representation or warranty that the Wine and Bids Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the Services are illegal is prohibited. You may not use the Services or export any Services or products obtained through the Services in violation of U.S. export laws and regulations. If you access the Wine and Bids Services from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all local laws, rules, regulations and ordinances.
Force Majeure. Under no circumstances shall Wine and Bids be held responsible or liable for any delay or failure in our performance under these Terms or the Wine and Bids Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, terrorism, epidemics, pandemics or other viral outbreaks, and/or war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governmental bodies or organizations), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
Notices. All notices required or permitted to be given under these Terms must be in writing. Wine and Bids may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH WINE AND BIDS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY WINE AND BIDS OF AN E-MAIL TO THAT ADDRESS. You shall give any notice to Wine and Bids by means of U.S. mail, postage prepaid, to P.O. Box 5274, Clover, SC 29710, Attn: Compliance Department. Such notice to Wine and Bids shall be effective upon receipt of notice by Wine and Bids.
10.1 We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
10.2 We reserve the right to modify these Terms at any time. Updates will be posted on our website, and continued use constitutes acceptance.
For any questions regarding these Terms, please contact us at:
Wine and Bids, LLC