Terms of Service
Effective date: July 1, 2020
These Terms of Service (“Terms of Service”) are a legal agreement between you and J. Lohr Winery Corporation and govern your use of this website. References to “we,” “our,” “us,” “J. Lohr” or “Our Brand” herein refer to J. Lohr Winery Corporation, and its brands and affiliates and references to our “Site” refer to this website. By using or accessing this Site, you agree to all of these Terms of Service. If you do not agree to any of these Terms of Service, you must not use this Site.
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH J. LOHR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND WAIVING YOUR RIGHT TO A CLASS ACTION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
THESE TERMS OF SERVICE ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.
Age Requirements to Use Our Site
You must be age 21 or older to use our Site. If you are younger than 21, you are prohibited from using our Site. We do not sell alcohol to persons under 21. By using our Site, you represent and warrant that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.
Privacy Practices
Any personal information submitted by you via our Site is governed by our Privacy Notice which is incorporated by this reference into these Terms of service.
Additional Terms
Other terms and conditions may apply to your use of the Site, such as if you make a purchase. As applicable, the Shipping Policy or our California Transparency in Supply Chain Policy and any other applicable terms posted to this Site apply. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits. If these Terms of Service are inconsistent with those additional terms, those additional terms will control as to the particular promotional activity or benefit.
Site Content and License
All content included in or made available through our Site, such as design, text, images, logos, graphics, and functionality, is the property of J. Lohr or its licensors and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. All trademarks and logos appearing on this Site are owned by J. Lohr or its licensors, as applicable. Subject to your compliance with these Terms of Service, J. Lohr grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access use the Site and its consent for personal use only. In no event may you use our Site, or any of its content, in any commercial manner. You shall not reverse engineer this Site or make copies of any materials on this Site. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
Wine Clubs
To join our wine clubs, you will be required to register a membership. To register, you must provide us with current, complete, and accurate information. You must maintain the confidentiality of your username and password and you are responsible for all activity under your username and password. You may not use anyone else’s username or password or permit others to use your membership information or credentials. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion and without liability.
Electronic Communications
By using or accessing our Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. When you visit our Site or send e-mails or other communications, you are communicating with us electronically. We may request you to opt-in to receive certain marketing text messages with a separate consent request on the Site.
Purchases
Payments: We or our third party providers will process your payment information to make payments for your orders. You will be prompted to confirm payments before submitting your order. Unless otherwise agreed mutually in writing, all payments are non-refundable. You authorize us and our third party providers to process payments for orders according to the payment method specified in your account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to our or our third party’s verification of your account and available credit or balance for the intended purchase.
Refunds: Refunds, credits, and order changes are processed on a case-by-case basis in the sole discretion of J. Lohr. J. Lohr’s policy is to diligently and with good faith assist customers in processing these requests.
Third Party Links
Our Site may contain links to other websites. We are not responsible for those linked websites, their content or any goods or services available on those websites. Inclusion of any linked website on our Site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk and the third parties have their own terms and privacy policies that apply.
Disclaimers
OUR SITE AND ITS CONTENT AND OUR PRODUCTS AND WINES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, J. LOHR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. J. LOHR DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH J. LOHR USES REASONABLE EFFORTS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. THE SITE MAY CONTAIN TYPOGRAPHIC ERRORS.
Limitation of Liability
NEITHER J. LOHR NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND OR TYPE WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE CLAIM OR $100. Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS J. LOHR AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR YOUR PURCHASES.
Changes to These Terms of Service
We may change these Terms of Service at any time. You should check and review these Terms of Service for updates. Your continued use of the Site after we have posted any modifications means you agree to the modified Terms of Service. If you disagree with any part of the modified Terms of Service, you must discontinue using our Site and that is your sole and exclusive remedy.
Arbitration And Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and J. Lohr agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including, but not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms of Service or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms of Service. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms of Service, you agree to resolve any and all disputes with J. Lohr as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach J. Lohr’s support department at ATTN: Controller, J. Lohr Vineyards & Wines, 1000 Lenzen Avenue, San Jose, CA 95126. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the J. Lohr support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
BINDING ARBITRATION: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the date that Informal Dispute Resolution procedures are initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service (including the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed US$250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding US$250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Service or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to J. Lohr at ATTN: Controller, J. Lohr Vineyards & Wines, 1000 Lenzen Avenue, San Jose, CA 95126
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, J. Lohr will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, J. Lohr will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and J. Lohr agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND J. LOHR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-DAY RIGHT TO OPT OUT: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on J. Lohr) written notice of your decision to opt out to J. Lohr ---Attn: Legal; info@jlohr.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, J. Lohr will not be bound by them.
Changes to This Section: J. Lohr will provide thirty (30) days’ notice of any changes to this Section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you.
Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first “Arbitration and Class Action Waiver” Section in existence after you began using the Services.
Survival: This “Arbitration and Class Action Waiver” Section shall survive any termination of your account or cessation of use of the Platform, Service, or the Products.
Governing Law and General
The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and J. Lohr.
These Terms of Service, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. J. Lohr’s failure to exercise any right under these Terms of Service does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.
California Residents
If you are a California resident, you may have these Terms of Service and any additional terms mailed to you electronically by sending a letter with your request to ATTN: Controller, J. Lohr Vineyards & Wines, 1000 Lenzen Avenue, San Jose, CA 95126. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
Questions
If you have questions about these Terms of Service, please contact us at ATTN: Controller, J. Lohr Vineyards & Wines, 1000 Lenzen Avenue, San Jose, CA 95126.