THESE TERMS OF USE INCLUDE YOUR AGREEMENT TO A MANDATORY ARBITRATION PROVISION IN SECTION 16 BELOW THAT GOVERNS DISPUTES BETWEEN US THAT (OTHER THAN LIMITED EXCEPTIONS STATED IN THE ARBITRATION PROVISION) REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, INCLUDING A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER.

IN THE EVENT YOU JOIN A WINE CLUB AS REFERENCED BELOW, THESE TERMS OF USE OR RELATED HYPERLINKS HEREIN ALSO INCLUDE YOUR AGREEMENT TO THE AUTOMATIC RENEWAL OF YOUR WINE CLUB MEMBERSHIP AND A MINIMUM PURCHASE AS DESCRIBED IN SECTION 3 BELOW.

1. Acceptance of Terms of Use, Modifications of Same and Age Requirement
• 1.1 These Terms of Use (the “Terms”) are entered into by and between you and Terlato Wine Group Ltd., and Chimney Rock Winery, Rutherford Hill Winery, Sanford Winery, Klipsun (collectively, “TWG” or “We” or “Us” or “Our”) and you. By accessing, using, registering for, or purchasing products (the “Products”) or services (the “Services”) through TWG and its related websites and applications owned or operated by or on behalf of TWG, including through the secure order process, together with all other websites and applications, the “Websites”), you agree to be bound by these Terms.
• 1.2 By using the Websites or clicking to accept or agree to these Terms, you are agreeing to be bound by these Terms as they are stated at the time of your use of the Websites.
• 1.3 TWG reserves the right to modify these Terms at any time, and therefore, We recommend that you read these Terms carefully each time you use the Websites. If you do not agree with these Terms, you should not access, use, register for, or purchase Products from the Websites.
• 1.4 You must be at least 21 years of age to access and purchase Product through the Websites. All content, offers and promotions on the Websites are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use.
2. User Account Registration.
• 2.1 In the course of your use of our Websites, We may collect your personal information when you access or use the Services (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy Policy and Cookie Notice. Our Privacy Policy contains information about how We use and disclose the personal information We collect about you. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information you provide to Us.
• 2.2 To access certain features of our Websites, you may be required to register and to select a user name and password (a “User ID”) during the secure order process to create an account (your “Account”). When you register for an Account, you agree to provide Us with accurate and complete registration information. You are responsible for maintaining the security and confidentiality of your User ID. You are not authorized to share your User ID with any other person and agree to immediately notify Us of any unauthorized use of your User ID of which you become aware. TWG is not responsible for any losses arising out of the unauthorized use of your Account or User ID. TWG has the right to refuse registration of, or cancel, your User ID in its sole discretion.
• 2.3 In order to purchase any of the Products, you must supply certain User Information, including your full name, date of birth, billing and shipping address, telephone number, and payment card information to TWG. By providing this information, you authorize TWG to charge any of your purchases to the payment card provided and retain your billing information for future transactions on your Account. You represent that all information you provide to TWG will be accurate, complete, and current and that you will comply with the terms of any agreement that you may enter into governing your purchase of a Product or Service. You further agree to promptly update your Account information if it changes, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed. You shall be responsible for all charges incurred through your Account as well as for paying any applicable taxes. Your right to use the Service or a specific Product is conditional upon our receipt of payment. If any charge is declined by your payment card, We reserve the right to immediately either suspend or terminate your Account and access to the Websites.
3. Website Purchases; Wine Club Memberships
• 3.1 You agree that your order through the Websites is an offer to buy, under these Terms, all Products listed in your order (an “Order”). You may purchase Products from the Websites by using the options listed in the secure order process. TWG reserves the right to change its accepted payment methods at any time without notice to you. We may choose not to accept Orders at our sole discretion, even after We send you a confirmation email with your Order number and details of the items you have ordered. You represent and warrant that you are buying Products or Services from the Websites solely for your own personal or household use and not for resale or export. In order to serve all Users, TWG reserves the right to limit quantities of Orders to only one (1) of any such Product(s) purchased and reserves the right to cancel multiple Orders of any limited quantity Product purchased by the same User and/or shipped to the same delivery address. Orders that you place may be cancelled by you up to one (1) hour after the Order has been placed unless a longer period is required under applicable law. In order to cancel an Order during the one (1) hour period, you must cancel by calling the Website’s customer service telephone number. Additional information and policies concerning gift cards may be found here: https://twg.cardfoundry.com/giftcards.php.
• 3.2 All prices, discounts, and promotions posted on the Websites are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the Order is placed and will be included in your Order confirmation email. Price increases will only apply to Orders placed after such changes become effective. Posted prices do not include taxes or charges for shipping and handling. All such taxes and shipping and handling charges will be added to your purchase total, and will be itemized in your shopping cart and in your Order confirmation email. All wine purchases are non-returnable and non-exchangeable.
• 3.3 We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction in Our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any product made on this site is void where prohibited by applicable law.
• 3.4 We offer a variety of wine clubs. By joining any of Our Wine Club Memberships (“Membership”), you agree to purchase the specified allocations of Product in one calendar year as designated in your specific Membership level And you agree to the terms and conditions of such Membership, described here: https://www.rutherfordhill.com/become-member. Unless canceled by you, your membership will further continue past the initial one-year term. You may cancel at least fourteen days prior to any shipment date after the initial one-year term and receipt of a minimum of at least three club shipments in that year. Thereafter, you may cancel your membership at any time by emailing us at club@rutherfordhill.com. Cancellations prior to receiving the required minimum will be responsible for reimbursing the winery for any incentives received in conjunction with membership.
• 3.5 As a condition of your Membership, you agree we may charge your credit or debit card on or about the shipping date for each allocation, plus taxes and shipping charges except that we provide complimentary shipping for some Membership tiers. Prices for any allocation are subject to change without notice to you and are available at https://www.rutherfordhill.com/become-member
• 3.6 You will receive an "Upcoming Allocation Notice" via email roughly seven days prior to the processing of your allocation. The email will let you know which wines are included in the allocation, the total cost (excluding taxes and shipping), when your card will be charged and when the allocation will ship, weather permitting. Changes or updates to your Account must be made by the deadline noted in that email to avoid any redirection or return fees. All returned allocations or Orders will be subject to a $15.00 reship fee.
• 3.7 We can help customize your club allocations, and you are permitted to add to your order or select alternative wine selections prior to the deadline for each allocation. Please e-mail club@rutherfordhill.com to customize your club allocation.
• 3.8 In the event of extreme heat or cold in your area, you will be charged for the allocation and the order will ship when weather permits. We are able to delay shipments as reasonably requested by you; however, You may not skip or cancel allocations in the first year of your Membership.
• 3.9 All wine deliveries require a signature of someone 21 or older, so business addresses are preferred. We cannot ship Products to a P.O. Box.
• 3.10 “Will Call” members may enjoy a 30-day window to pick up their allocations. Any remaining allocations after the designated 30-day window will ship to the address on file in your Account and shipping fees will apply.
4. Product Shipping
• 4.1 We do not ship to Puerto Rico, Guam, or other US territories. You are responsible for providing a valid shipping address within our service areas.
• 4.2 Risk of loss passes to you upon delivery to the carrier. TWG is not liable for delays or losses during shipment.
5. License

We grant you a non-exclusive, non-transferable license to access the Websites in accordance with these Terms. You may not modify or distribute any materials on the Websites without prior written consent.

6. Limitations of Liability

TWG is not liable for any indirect, incidental, or consequential damages arising from your use of the Websites or purchase of Products.

7. Disclaimer of Warranties

All content on the Websites is provided "as is" without any warranties, express or implied. Your use of the Websites is at your own risk.

8. Restricted and Permitted Uses

You agree not to use the Websites for any illegal purpose or in violation of these Terms. TWG reserves the right to revoke your access for any breach of these Terms.

9. Website User Submissions

All content you submit to TWG through the Websites becomes non-confidential and may be used for any purpose by TWG.

10. Electronic Communications

By using the Websites, you agree to receive electronic communications from TWG regarding your account, purchases, and other related information.

11. DMCA

If you believe any content on the Websites infringes on your copyright, please notify our designated DMCA agent as outlined in this section.

12. Indemnity

You agree to indemnify TWG against any claims arising from your use of the Websites or your account.

13. Termination

TWG reserves the right to terminate your access to the Websites at any time for any reason without prior notice.

14. Third-Party Websites

The Websites may contain links to third-party websites. TWG is not responsible for the content or performance of these websites.

15. Governing Law

These Terms shall be governed by the laws of the State of Illinois without regard to conflict of law provisions.

16. Arbitration Agreement and Class Action Waiver

All disputes arising out of or relating to these Terms will be resolved by binding arbitration on an individual basis, as described in this section.

17. Notice to California Residents

California residents are entitled to certain consumer rights under California Civil Code Section 1789.3. Details are provided in this section.

18. Entire Agreement

These Terms constitute the entire agreement between you and TWG regarding your use of the Websites and supersede all prior agreements.

19. Changes To These Terms

TWG reserves the right to modify these Terms at any time. The date of the last update will be displayed at the top of this page.

20. Contact Information
Terlato Wine Group, Ltd.
Attn: Chief Legal Officer
900 Armour Drive
Lake Bluff, IL 60044
Telephone: 1-844-901-1833
Email: mtp@twg.com