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Terms & Conditions
Updated December 2020
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
Legal Requirements: You must be 21 years of age or older, to order or receive alcoholic beverages from Ladies of Leisure. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Ladies of Leisure are not for resale, and are for personal consumption only.
Wine is a Delicate Commodity: Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Ladies of Leisure is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.
Terms and Conditions
Updated December 2020
Ladies of Leisure Terms and Conditions
Member Accounts — In order to use certain features of the Platform, you may need to create an account ("User Account"). If the Platform requires you to create a User Account, you may never use another User’s Account without permission. All content posted by you via your User Account must comply with the Wine Institute’s Code of Advertising Standards.
Modifications to Service: Ladies of Leisure reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ladies of Leisure will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Pricing and Payment Terms: By purchasing any products or services through the Service, you agree to the pricing and payment terms for such products or services, as we may update them from time to time. Failure to pay these fees may result in the cancellation of your purchase. Your purchase may be subject to taxes.
Returns & Refunds: If you cancel an order of any products or services, previous charges will not be refunded. In the event that Ladies of Leisure suspends or terminates your access to the Service for your breach of these Terms of Service, you will receive no refund of any fees paid to Ladies of Leisure. Please contact Ladies of Leisure by phone at (917) 947-9756. All return requests are subject to our Return Policy.
Third-Party Payment Processing: WE DO NOT PROCESS PAYMENTS. Our payments are processed by Stripe. They provide us with the online payment platform that allows us to sell our products and services to you and your use of the site and services of Stripe as may be designated from time to time is governed by Stripes’s policies. You authorize Stripe to store and continue billing your specified payment method (e.g., credit card) even after such payment method has expired, to avoid interruptions in your products or services and to facilitate easy payment for new products or services. All information that you provide us and/or Stripe in connection with a purchase or other monetary transaction interaction related to your products or services must be accurate, complete, and current.
Taxes: You will pay any applicable taxes relating to such purchases or other monetary transaction interactions. Taxes are calculated based on the billing information you provide us and/or Stripe at the time of purchase. You will be responsible for all reasonable expenses (including attorneys' fees) we and/or Stripe incur in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly pay such taxes (including applicable penalties and interest, if any) upon written notice.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Shipping Regulations/Restrictions: Once a purchase of our products is made, you assume title and ownership of the product(s). By arranging shipment, Ladies of Leisureis providing a service to you and acting on your behalf. You are solely responsible for determining the legality and tax consequences of having any products, including wines/spirits, shipped to you.
Certain states prohibit the direct importation of alcohol from certain other states. Orders placed for address within those states may be canceled and you will be issued a complete refund. It is your responsibility to know whether you may receive shipments from out-of-state. Ladies of Leisure makes no representation as to any laws, rules or regulations regarding the sale, service, transportation or delivery of alcoholic beverages to you. You agree to indemnify and hold harmless Ladies of Leisure for any loss or damage arising from your failure to comply with the terms set forth in these Terms and Conditions or compliance with any applicable laws.
Intellectual Property Ownership — Unless otherwise noted, all text, content and documents on the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the "Content") are owned by Ladies of Leisure (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Ladies of Leisure and you, all right, title and interest in and to the Content will at all times remain with Ladies of Leisure and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Platform, are registered and/or common law trade names, trademarks or service marks of Ladies of Leisure.
Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. Ladies of Leisure grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Ladies of Leisure’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Ladies of Leisure in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Ladies of Leisure, the Owner, or any third party referenced therein. Ladies of Leisure reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Ladies of Leisure’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Ladies of Leisure may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Indemnity and Release: You agree to release, indemnify and hold Ladies of Leisure and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your use of the product, your violation of these Terms and Conditions or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Submitted Ideas — Ladies of Leisure appreciates your interest, and we expressly request that you submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”) via this email firstname.lastname@example.org. All Submitted Ideas will be subject to the policies published at www.lolwiness.com. We ask that you never submit an idea that you consider to be confidential and/or proprietary. All Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Ladies of Leisure. Further, you understand and acknowledge that Ladies of Leisure employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that Ladies of Leisure is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Ladies of Leisure assumes no obligation of confidentiality or nondisclosure, express or implied by considering your Submitted Ideas. Without limitation, Ladies of Leisure shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation.
Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the Ladies of Leisure relevant sections of the Social Media Sites, the "Community Forums"). If the Platform includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
Ladies of Leisure shall monitor the Community Forums on a regular basis for compliance with the Wine Institute’s Code of Advertising Standards and for any readily apparent violations of these Terms and Conditions or illegal content. Notwithstanding the foregoing, you acknowledge that Ladies of Leisure is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Ladies of Leisure reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Ladies of Leisure or its affiliates or its users to any harm or liability of any type.
No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. Ladies of Leisure shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
Disclaimers — Ladies of Leisure reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.
Digital Millennium Copyright Act — Ladies of Leisure is committed to respecting and protecting the legal rights of copyright owners. As such, Ladies of Leisure adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to Ladies of Leisure’s designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:
A 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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Ladies of Leisure’s Copyright Agent to receive DMCA Takedown Notices is: email: email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Platform. You acknowledge that in order for Ladies of Leisure to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
No Framing; Links; Third Party Sites — Framing, in-line linking or other methods of association with the Platform are expressly prohibited without prior written approval from Ladies of Leisure.
Ability to Accept Terms and Conditions — You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
Assignment — The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ladies of Leisure without restriction.
Notice — From time to time, we may revise these Terms and Conditions. To help you stay current of any changes, Ladies of Leisure may take one or more of the following steps: (1) Ladies of Leisure notes the date the Terms and Conditions was last updated above, and (2) when Ladies of Leisure makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions. Ladies of Leisure strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
In resolving a claim for arbitration, the arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Miscellaneous — Ladies of Leisure’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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