Terms of Service

Welcome to Foot of the Bed Cellars! Foot of the Bed Cellars, a California corporation (“Foot of the Bed Cellars,” “Company,” “we,” “us,” or “ours”) is the operator of the www.footofthebed.com site and all related services, whether provided offline or online, by Foot of the Bed Cellars (collectively, the “Service”).

 

By accessing, browsing or using this Service, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions (these “Terms”). If you do not agree to these Terms, you may not use or access this Service. Foot of the Bed Cellars reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Service because your use of the Service after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to the Foot of the Bed Cellars Privacy Policy (the “Privacy Policy”), which are incorporated herein.

 

1. Use of the Service

You may use the Service only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Service and are responsible for the consequences of such communications. Any other use of the Service requires the prior written consent of Foot of the Bed Cellars. You may not otherwise copy, modify, or distribute the contents of this Service without the prior written consent of Foot of the Bed Cellars. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Service, in whole or in part.

 

The Service contains important and proprietary property owned by us, including software, that constitute our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service solely for its intended purpose, as described in these Terms. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Service and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.

 

We require all Members (as defined below in section 4 of these Terms) to agree not to use the Service, and specifically prohibit any use of the Service, for any of the following purposes:

 

Violating the terms of the limited license to use the Service described above;

 

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

Attempting to interfere in any way with the Service, the or the Company’s network security, or attempting to use the Service to gain unauthorized access to any other computer system; and

Using the Service to drop ship merchandise to third parties

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Service within another web Service. You may not resell use of, or access to, the Service to any third party without the prior written consent of Foot of the Bed Cellars.

 

2. Registration and Passwords

In order to access certain services on the Service, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Service under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

 

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Service, including with respect to ordering, shipping and return policies, review guidelines and other programs that we may offer from time to time (collectively, “Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

 

4. Service Not for Adults 20 years of age and younger

You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. The Service is available to users who are 21 years old and older and who have not been suspended or removed by Foot of the Bed Cellars for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Service for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.

 

Further, wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all Foot of the Bed Cellars shipments. A valid government-issued ID may be required upon delivery.

 

You represent and warrant that any alcohol purchased via the Service will be used solely for personal consumption and not for resale, or for any unlawful purpose.

 

5. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

6. Transactions

If you wish to purchase any product or service made available through the Service (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card information (which will be accessed and used by a third party payment processor)and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Foot of the Bed Cellars the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Please review our Privacy Policy for more information on the information we collect and how we use such information.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. Foot of the Bed Cellars reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

 

You agree that by placing an order on the Service, you are entering into a binding contract with Foot of the Bed Cellars and agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

7. The Subscription Contract Between You And Us

Foot of the Bed Cellars offers one subscription type: recurring monthly subscriptions (“Monthly Subscriptions”).

 

AUTOMATIC RENEWAL TERMS

With respect to Foot of the Bed Cellars subscriptions subject to automatic renewal, you agree that Foot of the Bed Cellars may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Foot of the Bed Cellars reasonably could act.

 

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate, which we may modify from time to time in our sole discretion with or without notice to you, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Foot of the Bed Cellars after the expiration date of your payment card.

 

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

 

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may send us a message at support@footofthebed.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term, but you will not be entitled to a refund for any portion of the then-current subscription term.

 

8. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Service is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Service will be available.

 

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Service are the property of Foot of the Bed Cellars or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Service. Foot of the Bed Cellars and the Foot of the Bed Cellars logo are trademarks that belong to us. All other trademarks are the property of their respective owners. All of our Service's content is copyrighted by Foot of the Bed Cellars, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by Foot of the Bed Cellars.

 

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Use obscenities, discriminatory language, or other language not suitable for a public forum;

Post advertisements, “spam” content, or references to other products, offers, or websites;

Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;

Post unduly critical or spiteful comments of other content posted on the page or its authors;

Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;

Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via support@footofthebed.com

 

11. General Disclaimers

You assume all responsibility and risk with respect to your use of the Service.THE SERVICE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SERVICE, WHETHER MADE AVAILABLE ONLINE OR OFFLINE, OR THROUGH A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, FOOT OF THE BED CELLARS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SERVICE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOT OF THE BED CELLARS MAKES NO WARRANTIES OF ANY KIND REGARDING ANY NON-FOOT OF THE BED CELLARS SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THIS SERVICE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND FOOT OF THE BED CELLARS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-FOOT OF THE BED CELLARS SITES. FOOT OF THE BED CELLARS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ON ON BEHALF OF THIRD PARTIES ON THE SERVICE.

 

FOOT OF THE BED CELLARS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SERVICE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCTS’ LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

 

12. Disclaimer – No Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Service. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

13. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. You agree to pay all such taxes.


 

14. Indemnification

You agree to indemnify, hold harmless, and defend Foot of the Bed Cellars, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Service, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Service by you, or your violation of any law or the rights of a third party. Foot of the Bed Cellars reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Foot of the Bed Cellars and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Foot of the Bed Cellars’ prior written consent. Foot of the Bed Cellars will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


 

15. Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED OR LIMITED BY APPLICABLE LAW, AND EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF FOOT OF THE BED CELLARS, IN NO EVENT SHALL FOOT OF THE BED CELLARS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SERVICE BE LIABLE TO ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (NEGLIGENCE), OR OTHERWISE. EVEN IF FOOT OF THE BED CELLARS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT TO THE EXTENT PROHIBITED OR LIMITED BY APPLICABLE LAW, AND EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF FOOT OF THE BED CELLARS, IN NO EVENT SHALL THE TOTAL LIABILITY OF FOOT OF THE BED CELLARS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SERVICE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SERVICE, WHETHER IN WARRANTY, CONTRACT, TORT (NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO FOOT OF THE BED CELLARS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE AND TO ALL RELATED SERVICES.

 

16. International Use

We control and operate the Service from the United States. We make no representation that materials on the Service are appropriate or available for use outside the United States. If you choose to access this Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you use the Service from a location outside of our area of operation, we may disallow or cancel Transactions that you initiate.

 

17. Risk of Loss

Any merchandise purchased from our Service will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

 

18. Third Party Sites and Services

The Service may be integrated with, or may link to, services provided by third parties, such as third party payment processors, wine delivery carriers, and others. You understand that we do not have control over third parties and that such third parties are not agents of Foot of the Bed Cellars. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. By using the Service, you agree that Foot of the Bed Cellars may exchange information and control data regarding you, including your personal information, in order to effectively interface with third parties. Once this information is shared with the particular third party, its use will be governed by the third party's privacy policy and not by our privacy policy. You acknowledge and agree that we make no representation or warranty about the safety of any third party’s products or services. Accordingly, we are not responsible for your use of any third party product or service or any personal injury, death, theft, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services.

 

19. Copyright Infringement; Notice and Take Down Procedures

Foot of the Bed Cellars specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Service infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Foot of the Bed Cellars will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:


 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

 

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us with any questions or concerns in connection with these Terms or the Service or the App, or to provide any notice under these Terms.

 

20. Waiver; Remedies

The failure of Foot of the Bed Cellars to partially or fully exercise any rights or the waiver of Foot of the Bed Cellarsof any breach of these Termsby you shall not prevent a subsequent exercise of such right by Foot of the Bed Cellars or be deemed a waiver by Foot of the Bed Cellars of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Foot of the Bed Cellars under these Terms and any other applicable agreement between you and Foot of the Bed Cellars shall be cumulative, and the exercise of any such right or remedy shall not limit Foot of the Bed Cellars’s right to exercise any other right or remedy.

 

21. Governing Law

The laws of the State of California shall govern these Terms without regard to conflict of laws provisions.

 

22. Disputes

(a) Contact Foot of the Bed Cellars First. If any dispute arises between you and Foot of the Bed Cellars, we hope to be able to resolve the issue directly. You agree that you will notify us about any dispute you have with Foot of the Bed Cellars regarding these Terms or the Service by contacting us at support@footofthebed.com.

(b) Binding Arbitration. You and Foot of the Bed Cellars agree, subject to the Limited Injunctive Relief provisions below, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Service to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to the Limited Injunctive Relief provisions below, any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.

(c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Foot of the Bed Cellars to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to us. We may request arbitration against you at any time after we have notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of JAMS as modified by these Terms. The place of any arbitration will be San Francisco, California, USA, and will be conducted in English. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Foot of the Bed Cellars nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Foot of the Bed Cellars. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

(f) YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

(g) Limited Injunctive Relief. Notwithstanding the foregoing, Foot of the Bed Cellars may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

23. SEVERABILITY

If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

24. SUCCESSORS AND ASSIGNS

These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Foot of the Bed Cellars without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.

25. HEADINGS

The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

Privacy Policy

Foot of the Bed Cellars, a California corporation, Inc. (“Foot of the Bed Cellars,” or “Company,” “we,” “us,” or “ours”) is the operator of the www.footofthebed.com site and all related services, whether provided offline or online, by Food of the Bed Cellars (collectively, the “Service”). We are committed to preserving the privacy of those who visit and use the Service.  This document will outline how we gather and utilize various sources of information obtained during your visit to, and use of, the Service. This Privacy Policy applies solely to information collected on the Service, and is made a part of and incorporated into the Terms and Conditions for the Service.

This Privacy Policy communicates how, when, and why we gather information about our customers and what we do with it.

THIS PRIVACY POLICY DOES NOT APPLY TO OTHER WEBSITES TO WHICH WE LINK. YOU AGREE THAT YOUR USE OF THE Service,  SIGNIFIES YOUR ASSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THIS Service.

Information Collected

PERSONAL INFORMATION

If you subscribe to receive wine through the Service, and/or place an order through the Service,we will ask you for your name, e-mail address, shipping address, and telephone number or certain other personally identifiable information about yourself ("Personal Information"). We will also ask you for payment information, including your credit card information, however, we use a third party payment processor and we will not have access to your payment information.

We use this information to process and fulfill your order and to notify you of your order status. Telephone numbers and e-mail addresses are used to contact you regarding your order and to notify you about products and events available through the Service. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information. We do not collect any Personal Information about you unless it is voluntarily provided by you. Foot of the Bed Cellars will never sell, rent or share your Personal Information, including your e-mail address, with any third parties for marketing purposes without your express permission.

NON-PERSONALLY IDENTIFIABLE INFORMATION

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Information obtained in connection with the Service may be intermingled with and used by us in conjunction with information obtained through sources other than the Service, including both offline and online sources.

How We Use Your Information

We will not share or disclose your information to anyone except as described in this Privacy Policy.

ENHANCED AND PERSONALIZED EXPERIENCE

We use Personal Information to provide you with the Service, including providing you with a more enjoyable shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your Personal Information to support and enhance your use of the Service, and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Service.

We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information. In connection with their performance of services to maintain and operate the Service and certain features on the Service  certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Service; to fulfill and deliver products purchased on the Service; to process payments for products purchased on the Service; to operate various features available on the Service; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

LAW ENFORCEMENT AND INVESTIGATIONS

Please note that Foot of the Bed Cellars reserves the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Service rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.

CHANGE OF CONTROL

Please also note that we do reserve the right to transfer your Personal Information and other information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. We will notify you in the event that any such change of control arises.

Referrals

 

If you elect to use our referral services for informing a friend about our Service, we will provide you with a unique link. The referral must sign up through the unique link for you to receive your referral credit. Credit in the form of one free bottle of wine per referral will be applied to your account, up to the total number of bottles you subscribe for in a single month, not including price of shipping. Price of shipping will still be charged to your chosen payment method monthly. Further, we may revoke or change the terms of the referral service at any time.

Use of Cookies

Our Service may pass a "cookie" (a string of information that is sent by a web site to be resident on your system's hard drive, and/or temporarily in your computer's memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. The Service may use cookies in on-line catalogs to keep track of your status and contents of your shopping cart or to retain information gathered in cookies to allow you access to password-protected areas of the Service. You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some of the features of the Service. We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Service.

How We Protect Your Information

We are committed to protecting the information we receive from you. However, Foot of the Bed Cellars will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Foot of the Bed Cellars cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.

In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.

Accessing and Updating Your Personal Information and Preferences

If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to support@footofthebed.com.

We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.

Children's Privacy and Parental Controls

This Service is not intended for persons under the age of 21, and we have no intention of collecting or soliciting Personal Information from persons under the age of 21. If you are not 21 or older, you are not authorized to use the Service. And if we discover that any user is under the age of 21, we reserve the right to delete all Personal Information associated with the user and to prohibit access to the Service.

Third Party Sites and Services

Our Service may contain links to other web sites. Other web sites may also reference or link to our Service. These "other" domains (web sites) are not controlled by Foot of the Bed Cellars. We encourage our users to be aware when they leave our Service to read the privacy policies of each and every website that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.

As described throughout this Privacy Policy and the Terms and Conditions, the Service uses third party sites and services as part of the functionality of the Service, including third party payment processors, delivery companies/carriers, and others. Those third party services are beyond our control. Thus, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. We encourage you to visit any third parties to familiarize yourself with their privacy practices.

Service Terms and Conditions

Use of this Service is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE OR THE STORE.

Privacy Policy Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. If we decide to change our Privacy Policy, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Service indicates your assent to the Privacy Policy as posted. Please check this page periodically for changes to this Privacy Policy.

If you have any questions about this Privacy Policy please contact us at:

support@footofthebed.com