TERMS & CONDITIONS

Terms & Conditions

Last updated and effective as of September 01, 2020

Grapes & Grains, [LLC/Inc.] (“G&G,” “we” or “our” or “us”) owns and operates this website, www.grapesandgrains.com, and the Grapes & Grains mobile application (collectively, the “Sites”).  These Terms & Conditions apply to all persons who visit any of the Sites (“Visitors”), regardless of a Visitor’s purpose, use, or amount of use.  In these Terms, “you” and “your” refer to each Visitor.

Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms & Conditions).

We reserve the right to change these Terms & Conditions or to impose new terms and conditions on use of the Sites, from time to time, in which case we will post the revised Terms & Conditions on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Sites after we post any such changes or notify you of any material changes, you accept the Terms & Conditions, as modified.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.

THE SITES ARE ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER. If you do not meet these requirements, you are not authorized by us to use or view any of the Sites.

PRIVACY POLICY

Your use of our Sites is also subject to our Privacy Policy.

ACCESSIBILITY OF OUR SITES

Sites and Store are Intended for Persons Aged 21 or Older Only

We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site, you represent that you are over the age of 21. By using the Sites, you represent that the person placing an order or picking up the order is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.  Your representations are critical to your right to use the Sites. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the Sites and report your misrepresentation to the appropriate authorities.

Site Security

We aim to protect your personal information by implementing and maintaining commercially reasonable security, such as by using reasonable organizational, technology and physical safeguards appropriate to the type of the personal information we hold. However, no security controls can be expected to be effective all of the time, and therefore Grapes & Grains cannot ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

Your Account

You may create a personal account to place an order for in-store pick-up using the Sites.

If you create an account, you may be asked or required to provide your personally identifiable information, such as your name, address, phone number or email address (“Personal Information”). Please see our Privacy Policy for more information on how we protect your Personal Information.

If you create an online account, you agree to provide truthful, accurate and complete information about yourself as prompted by the online or mobile forms. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your account.

We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your account, including, but not limited to, your failure to receive critical information about Grapes & Grains and/or the Sites.

Your selection and use of an account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your account and for ensuring that access to and use of your account complies fully with these Terms & Conditions. You acknowledge and agree that any use of your account through your username, password and security information shall be deemed to be your actions, which we may rely upon. You are responsible for protecting the confidentiality and security of your account.

Use of Our Sites

At Grapes & Grains, our goal is to create a positive, rewarding, and safe experience in connection with our Sites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Sites, you may not:

• Intentionally or unintentionally violate any law, regulation or these Terms & Conditions;
• Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
• Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• Distribute, retransmit, republish, reuse, re-post, or use any of the design features, logos, tradenames, trademarks or other content of the Sites for public or commercial purposes, without Grapes & Grains’ prior written permission;
• Post, share, send, or otherwise use the Sites to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Alter or interfere with the content or functioning of the Sites, or “mirror” any content contained on the Sites on any other server;
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• Use automated technology of other means to use the Sites or scrape or crawl any pages or content contained in the Sites. Grapes & Grains may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly-available searchable indices of the materials, and Grapes & Grains reserves the right to revoke these exceptions either generally or in specific cases;
• Exceed authorized access, tamper with, or misuse any areas of the Sites or Grapes & Grains’ computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution;
• Attempt to circumvent any technological measure implemented by Grapes & Grains or any of Grapes & Grains’ providers or any other third party (including another user) to protect the Sites;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Sites;
• Frame or link to Sites, unless permitted in writing by Grapes & Grains; and
• Advocate, encourage, or assist any third party in doing any of the foregoing while using the Sites.

Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You are responsible for your use of the Sites, and for any use of the Sites made using your account. Your use of our Sites is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access of ours Sites.

You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively “Feedback”) submitted to Grapes & Grains shall become the property of Grapes & Grains. Grapes & Grains will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Grapes & Grains will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Grapes & Grains, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

SITE CONTENT

Copyright Notice 

All text, graphics, logos, icons, images, audio clips, video clips and software on the Sites (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, trade names, or brand or product names which are owned us or by third parties who license them to us. Unless authorized in writing by an officer of Grapes & Grains, you may not use any Content. Even if we consent in writing, you may not use any of the Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Sites by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

Links

The Sites may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

Errors on the Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

PRODUCT ORDERS USING OUR SITES

Placing an Order

You may place an order by using the shopping cart function on the Sites. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or mobile number you have given us with the order.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Grapes & Grains reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations and Product Availability

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Not all items listed on the Sites are available for sale in all Stores, or the prices, promotions, and quantities may vary depending on the state or Store location. Some items, especially highly-allocated or limited quantity items, may be listed on the Sites but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items. Please check with the Store for current availability. 

In Store Pick-up

All orders placed via this Site will be available at the Grapes & Grains Store for pickup. Once confirmed, all orders are subject to product availability and will be available for pickup according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. Any person picking up an order in-Store must be aged 21 or older and must present a valid government-issued identification.

If you have not picked up your order within three (3) days of placing it, we will attempt to notify you by contacting you with the information provided at the time the order was made.

Returns

 Our goal is that all our customers are satisfied with their orders. Per state law, alcohol returns can only be accepted if the product is spoiled or otherwise unfit for consumption, or purchased in error. Should you need to return an item for any reason, please contact us at (770) 884-2450.

MOBILE TERMS OF USE

Grapes & Grains offers areas and features that are accessible via a computer or mobile device, such as a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges.

You agree that for the functions or services for which you have created an account with Grapes & Grains or have otherwise completed a purchase, we may send communications to your mobile device regarding those functions or services. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

BY ACCESSING, BROWSING, OR USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO GRAPES & GRAINS IN ORDER TO PARTICIPATE IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE YOUR MOBILE PHONE TO ACCESS THE SITES. You are also subject to and agree to comply with Grapes & Grains’ Terms & Conditions located on this page with respect to mobile phone and mobile app usage.

Termination of Use

We may terminate your Grapes & Grains account or prevent use of the Sites with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Sites at any time without prior notice.

Force Majeure

We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

Governing Law and Venue

This agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.  Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises.

Disclaimer of Warranties

We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Sites. OUR SITES, THEIR CONTENT AND ALL PRODUCTS SOLD ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITES, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Limitation of Liability

IN NO EVENT SHALL GRAPES & GRAINS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

If you are dissatisfied with any portion of Sites, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Sites and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

Indemnity

You agree to indemnify, defend, and hold harmless Grapes & Grains, its employees, officers, agents, vendors and service providers (“Grapes & Grains Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Grapes & Grains Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Grapes & Grains Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Grapes & Grains Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, Grapes & Grains Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Grapes & Grains Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Grapes & Grains Entity.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.

In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.