TERMS OF USE

 

Welcome to our site (the “Site”). At Riola Brands, we strive to offer a first-class experience for our club members, and uphold the highest degree of professionalism. The Site is intended to provide you with information about our wines, campaigns, sponsored events and making purchases. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms of use (“Terms”) to which you agree when visiting the Site. These Terms constitute a binding agreement between you and Riola Brands, its affiliates, and its and their parent and subsidiary companies, service providers and designees as deems appropriate by us ((collectively, “Riola Brands,” “we,” or “us”) with respect to your use of this website and any other Riola Brands owned websites, micro-sites, and social media pages and accounts (collectively, “Riola Brands Sites”), all Riola Brands-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Riola Brands Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Riola Brands Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Riola Brands Services, specific areas of certain Riola Brands Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Riola Brands Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Riola Brands Sites or Applications will be controlling with respect to those particular areas. Riola Brands reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Riola Brands Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire discounts, spamming, flaming, excessive use of profanity or abusive language, on Riola Brands Sites, Applications or any other website in regards to Riola Brands, or while contacting any of our Member Services team, will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all Riola Brands shipments. A valid government-issued ID may be required upon delivery.

Compliance with Terms

By accessing the Site, you are agreeing to these Terms of Use, our Privacy Policy, as well as other legal notices, terms and policies posted on the Site from time to time (together referred to as "Terms"), all of which are expressly incorporated herein by this reference.

You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Subscriber" (which means you have registered with us for the Site, if registration is available on the Site). The term "User" means a "Visitor"" or a "Subscriber". Please read and save all of the Terms. If you do not agree with the Terms, do not use the Site or any of its features. If you register to become a Subscriber you will be required to indicate your acceptance to these Terms of Use during the registration process.

Amendment

We may amend or terminate any Terms at any time. If we amend or terminate any Terms, we will notify you of such amendment or termination by posting the revised Terms on the Site and such revised Terms will be effective at the time we post them on the Site. Each time you use the Site, you should visit and review the then current Terms that apply to your transactions and use of the Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and our Company with respect to your use of the Site.

Eligibility

You are not permitted to view the Site unless you are 21 years of age or older. If you are younger than 21, please do not visit the Site. Your profile may be deleted and your Subscription may be terminated without warning, if we believe that you are under 21 years of age.  Use of the Site and its features and registration to be a Subscriber ("Subscription") is void where prohibited. By using the Site and its features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and its features does not violate any applicable law or regulation. For shipments, there must be an adult present to sign for all Skinny Bkinny shipments. A valid government-issued ID may be required upon delivery.

Term

The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Subscriber. You may terminate your Subscription at any time, for any reason, by writing to us to opt-out. We may terminate your Subscription at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Subscription is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Subscriber will terminate. Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration, or cancellation of these Terms of Use.

Your Use of the Site

Users have a non-transferable, non-exclusive license to access the Site, to view information contained at the Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.  Tampering with the Site, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on the Site are prohibited.

All text, graphics, logos, icons, images and software on the Site are copyrighted materials owned by or licensed to Riola Brands. The Site may contain trademarks, service marks and trade names which are owned by Riola Brands and its brands, affiliates, subsidiaries, service providers and designees, and may also contain names, images and logos which are trademarks, service marks or trade names which are owned by their respective third parties.  Unless authorized in writing by an officer of Riola Brands, Riola Brands trademarks may not be used in connection with any product or service that is not owned by Riola Brands, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Riola Brands. You may not sell, reproduce, copy, duplicate, resell, modify, publicly perform, prepare derivative works based on, frame, mirror, exploit for any commercial purpose, or otherwise use any of the Site content in any way for any public or commercial purpose without prior written consent of Riola Brands or the rights holder. You may distribute, display or repost our content so long as credit is given to Riola Brands. If you violate any of these terms, your permission to use the Site will automatically terminate, you must immediately destroy any copies you have made of the Site content, and we may end your authorization to use the Site. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Riola Brands, its brands, affiliates, subsidiaries, service providers, designees or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site are expressly reserved to Riola Brands, its brands, affiliates, subsidiaries, service providers, designees and/or any third party, as applicable.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Riola Brands. Each link to another website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. Riola Brands does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites.  Riola Brands does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

Your Account

Registration. If you wish to utilize Riola Brands Services, you agree to complete the initial registration process according to the requirements stated on the applicable Riola Brands Service, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Riola Brands Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Riola Brands that your use of a payment card in connection with any purchase you make on or through Riola Brands Services is authorized and legal.

Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Riola Brands to charge such amount to your payment card at that time.

All alcohol listings are intended for individuals who are 21 years of age or older. Riola Brands reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

Club Subscription

Club Membership. You may become a Riola Brands Club Member by providing the requested registration information and submitting it to Riola Brands through the Riola Brands Sites or Applications. By becoming a Club Member and placing an order, you agree to receive a shipment of at least four (4) and up to six (6) bottles of wine from Riola Brands once a month until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $17 to $25 per bottle. A shipping charge of $19 may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a club member and providing your membership and credit card information, you authorize Riola Brands and VinoShipper to charge your credit card (including shipping and any applicable tax) for each monthly Riola Brands Club Membership wine shipment. Please notify us at least 5 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Club Membership Termination. You may cancel your Riola Brands Club Membership at any time by emailing us directly at: info@skinnybkinny.wine. Riola Brands may terminate your membership and refuse any and all current or future use of your Riola Brands Club Membership or Riola Brands Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Riola Brands determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Riola Brands determines, in its sole discretion, that you are using your Riola Brands Club Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Riola Brands deems appropriate in its sole discretion.

Riola Brands a la carte purchases

À La Carte Purchases. You may order wine from Riola Brands on an à la carte basis by providing the requested information and submitting your order to Riola Brands and VinoShipper through the Riola Brands à la carte page. A shipping charge of up to $35 may apply based on the size of your order. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize Riola Brands and VinoShipper to charge your credit card (including shipping and any applicable tax) for your à la carte wine shipment. Please notify us at least 5 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your order.

Offers/Promotions

Wine sales are solicited, offered, accepted, made, and delivered by Riola Brands. We will periodically offer promotions, discounts and coupons as part of our business activities. These cannot be combined. Void where prohibited.

Return Policy

Due to the nature of our wine products, we are unable to accept any returns on online purchases. We hope you love it or gift it to someone who might enjoy.

Typically, after three failed delivery attempts, the carrier will return the package to us. You will automatically be issued a refund if we receive your package, minus any original shipping/handling fees, and you will have to place a new order. 

If your product is damaged during transit, please contact us at info@skinnybkinny.wine and we will send a replacement free of charge.

Restocking and Reshipment Fees

Orders returned to Riola Brands may be subject to a reasonable restocking fee. Riola Brands reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

Title and Ownership

Title to, and ownership of, all wine passes from Riola Brands to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping from the warehouse to his/her home state. By arranging for transportation of the wine, Riola Brands is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Riola Brands, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Risk of Loss

All items purchased from Riola Brands are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Because of wine’s sensitivity to the temperature variances that can occur during the summer and winter months, we may at times contact customers to consult on overnight shipping or a holding the shipment back to ensure the integrity of their wines.

Protection of Intellectual Property Rights

We respect the intellectual property of others, and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Subscription of anyone we suspect to be an infringer. 

Copyright/Trademark

Copyright © 2018-2019, Riola Brands and/or its affiliates. All rights reserved. Riola Brands and Skinny Bkinny® are trademarks of Riola Brands.  Other names appearing on the Site may be trademarks of their respective owners.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please mail us a Notice with the following information:

  • Physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;

  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimers

We are not responsible for and make no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Brand Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of our Brand . This Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by our Brand. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Brand event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.  Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

Our Site is provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site.

Limitations of Our Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE U.S. DOLLAR ($1).

Our Service Providers

We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms "we" and "us" for purposes of the Terms.

Indemnification

You agree to indemnify and hold Riola Brands, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms.  We are based in the Commonwealth of Massachusetts, in the United States of America. We make no claims that the Site, any Brand Content, User Content or other Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Miscellaneous

The Terms will be construed, and their performance enforced, under the laws of Massachusetts without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Middlesex County for state court causes of action and in the US District Court:  District of Massachusetts for federal court causes of action. We may assign the Terms, in whole or in part, to a related entity or to a third party or to any third parties in connection with the sale, assignment, or other transfer of the Site or sale, assignment, merger, reorganization, or other transfer of any of our brands or companies.

Dispute Resolution

Generally

BY USING OUR SITE, YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN US. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is 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 or any prior Terms were adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms of Use.

You agree, by entering into these Terms of Use, that you and our Company each are waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive the termination of these Terms of Use.

Notice of Disputes

For all disputes and claims, whether pursued in court or arbitration, you must first give us an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the "Notice") to us at the following address: Riola Brands, P.O. Box 381, Watertown, MA 02471. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a "Demand"). If our Company and you do not reach an agreement to resolve the dispute or claim within 30 days after Notice is received, you or our Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use and will be administered by the AAA. The arbitrator is bound by the terms of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of the Terms, including but not limited to, any claim that all or any part of the Terms are void or voidable.