Terms & Conditions
General
The following terms and conditions (“Terms”) constitute a binding agreement between you and MOODY FAMILY WINES, its affiliates, and their parent and subsidiary companies (collectively, “MOODY FAMILY WINES,” “we,” or “us”) with respect to your use of this website and any other MOODY FAMILY WINES owned websites, micro-sites, and social media pages and accounts (collectively, “MOODY FAMILY WINES Sites”), and the services available on such platforms (together with the MOODY FAMILY WINES 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 MOODY FAMILY WINES Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain MOODY FAMILY WINES Services, specific areas of certain MOODY FAMILY WINES Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain MOODY FAMILY WINES 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 polices, terms, and conditions applicable to those specific areas of the MOODY FAMILY WINES Sites or Applications will be controlling with respect to those particular areas. MOODY FAMILY WINES reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on MOODY FAMILY WINES Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on MOODY FAMILY WINES Sites, Applications or any other website in regards to MOODY FAMILY WINES, or while contacting any of our Member Services team, will not be tolerated.
Wine may only be sold and delivered to individuals 21 years or older. There must be an adult present to sign for all MOODY FAMILY WINES shipments. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders.
Privacy
Your use of the MOODY FAMILY WINES Sites, Applications and Services is subject to our Privacy Policy located at www.moodyfamilywines.com/privacy-policy/, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by MOODY FAMILY WINES.
Moody Family Wines Membership
Membership Program. You may become a Moody Family Wines member by purchasing the $50 refundable deposit. By becoming a member and placing an order, you agree to receive event information, discounts, and select your choice of the 3, 6, or 12 bottle club (per quarter) until you cancel your membership. You may suspend or cancel your membership any time. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Moody Family Wines to charge your credit card (including shipping and any applicable tax) for each quarterly wine club event you attend. Please notify us at least 30-days prior to the next quarterly event or any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
Membership Termination. You may cancel your Moody Family Wines Membership at any time by emailing MOODY FAMILY WINES at info@moodyfamilywines.com. You must cancel at least 30-days prior to the next quarterly event to avoid charges. MOODY FAMILY WINES may terminate your membership and refuse any and all current or future use of Moody Family Wines Membership or other services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that MOODY FAMILY WINES 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 MOODY FAMILY WINES determines, in its sole discretion, that you are using your Moody Family Wines Membership in a manner not permitted by these Terms, or (4) in other circumstances, as MOODY FAMILY WINES deems appropriate in its sole discretion.
Member Registration. If you register to become a Moody Family Wines member, you agree to complete the initial registration process according to the requirements stated on the applicable Moody Family Wines Site or Application, 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 a Moody Family Wines Site or using an Application, 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 Moody Family Wines that your use of a payment card in connection with any purchase you make on the Moody Family Wines Site or Application is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Moody Family Wines if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
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, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Moody Family Wines to charge such amount to your payment card at that time.
Moody Family Wines SMS Alert and Notification Service
By becoming a Moody Family Wines member, you are providing prior express consent to enroll in Moody Family Wines’s SMS texting service and the MOODY FAMILY WINES Privacy Policy. By enrolling in this service, you will be subscribed to receive text messages from MOODY FAMILY WINES containing shipment status details about your MOODY FAMILY WINES orders. Message frequency depends upon your activity. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. MOODY FAMILY WINES and the mobile carriers are not liable for delayed or undelivered messages.
MOODY FAMILY WINES does not have a separate charge for this service; however, standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participation in this service, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
You authorize Moody Family Wines and its agents and affiliates to call or text me with offers and other advertisements on the phone number you provide. You understand and agree that these promotions may be delivered through use of automated technology, or automatic telephone dialing system. You understand that you are not required to sign this agreement, and are not required to agree to the receipt of such calls or text messages, as a condition of purchasing any property, goods or services.
MOODY FAMILY WINES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A MOODY FAMILY WINES SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.
Risk of Loss
All items purchased from MOODY FAMILY WINES 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.
Moody Family Wines Return Policy
Moody Family Wines does not process or accept returns of product. Orders replaced by Moody Family Wines may be subject to a reasonable reissue fee. Moody Family Wines reserves the right to charge an additional fee for all re-issued orders upon customer’s request for reshipment.
Your Account
All alcohol listings are intended for individuals who are 21 years of age or older. MOODY FAMILY WINES reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. You must be at least 21 years of age to use MOODY FAMILY WINES sites and purchase alcohol through MOODY FAMILY WINES Services.
Disclaimer of Warranties
THE MOODY FAMILY WINES SITES AND APPLICATIONS AND THE CONTENT PROVIDED ON OR THROUGH THE MOODY FAMILY WINES SITES AND APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MOODY FAMILY WINES HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER MOODY FAMILY WINES NOR ANY PERSON ASSOCIATED WITH MOODY FAMILY WINES MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MOODY FAMILY WINES SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MOODY FAMILY WINES NOR ANYONE ASSOCIATED WITH MOODY FAMILY WINES REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MOODY FAMILY WINES SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitations of Liability
IN NO EVENT WILL MOODY FAMILY WINES, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND APPLICATIONS OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE MOODY FAMILY WINES SITES AND APPLICATIONS OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND MOODY FAMILY WINES'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
Indemnification
You agree to defend, indemnify and hold harmless MOODY FAMILY WINES and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of MOODY FAMILY WINES Sites, Applications or Services.
Trademarks
The trademarks and service marks displayed on the MOODY FAMILY WINES Sites and Applications are the registered and unregistered trademarks, service marks and trade dress of MOODY FAMILY WINES and its licensors. For a list of MOODY FAMILY WINES trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MOODY FAMILY WINES Sites and Applications are trademarks, service marks or trade dress of MOODY FAMILY WINES in the U.S. and other countries. MOODY FAMILY WINES’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not MOODY FAMILY WINES, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MOODY FAMILY WINES. All other trademarks not owned by MOODY FAMILY WINES that appear in any MOODY FAMILY WINES service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MOODY FAMILY WINES.
Copyright
All content included on or made available through any MOODY FAMILY WINES Sites and Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of MOODY FAMILY WINES or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any MOODY FAMILY WINES Sites and Applications is the exclusive property of MOODY FAMILY WINES and protected by U.S. and international copyright laws.
Links to Third-Party Websites
MOODY FAMILY WINES Sites or Applications may contain links to third-party websites. These links are provided for your convenience only. MOODY FAMILY WINES has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the MOODY FAMILY WINES Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
Disputes
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND MOODY FAMILY WINES MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and MOODY FAMILY WINES agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the MOODY FAMILY WINES Terms, your use of MOODY FAMILY WINES Sites, Applications or Services, or to any products sold or distributed by MOODY FAMILY WINES or through MOODY FAMILY WINES Sites, Applications or Services will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or MOODY FAMILY WINES may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MOODY FAMILY WINES subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other MOODY FAMILY WINES members, but is bound by rulings in prior arbitrations involving the same MOODY FAMILY WINES member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and MOODY FAMILY WINES agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and MOODY FAMILY WINES agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other MOODY FAMILY WINES members.
If for any reason a claim proceeds in court rather than in arbitration both you and MOODY FAMILY WINES each waive any right to a jury trial. You and MOODY FAMILY WINES also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any MOODY FAMILY WINES Sites, Applications or Services, or any products sold or distributed by MOODY FAMILY WINES or through MOODY FAMILY WINES Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any MOODY FAMILY WINES Sites, Applications or Services, or any products sold or distributed by MOODY FAMILY WINES or through MOODY FAMILY WINES Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Dallas County, Dallas, Texas. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms by MOODY FAMILY WINES shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of MOODY FAMILY WINES to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
United States Only
Unless otherwise specified, the MOODY FAMILY WINES Services are presented solely for the purpose of promoting products and services available in the United States. MOODY FAMILY WINES makes no representation that the MOODY FAMILY WINES Services are appropriate or available for use in other locations. If you access MOODY FAMILY WINES Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and MOODY FAMILY WINES with respect to the MOODY FAMILY WINES Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
The date these Terms were last updated is set forth at the top of this page.
Contact Information
If you have questions or comments about these Terms or the MOODY FAMILY WINES Sites, Applications or Services, please write us via the contact information below:
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