Terms of Sale – Scout Circle Memberships
By purchasing a Scout Circle Membership on ScoutandCellar.com you understand that you are joining Scout Circle and that you will be billed immediately and every subsequent month, every other month, or every quarter, depending on the frequency of the specific membership you selected, until you cancel your membership. The exact amount of the charges will depend upon the specific membership you selected and the offering therein. You will be billed on or around the same day each month. You can cancel your membership at any time by logging into your account and cancelling your membership. If you cannot or do not wish to access your account online, you can cancel at any time by contacting customer support using the chat functionality or contact form at https://scoutandcellar.com/contact. Your membership will begin immediately. All charges will be identified as Scout & Cellar or Wine Retriever LLC on your credit card statement.
All Shipments are delivered by a common carrier. An adult signature from someone twenty-one (21) years and older is always required for delivery. Age verification will need to be provided at the time of the delivery. A business addresses is recommended for deliveries. If shipping to a residence, the common carrier may make 3 attempts on consecutive business days. If no one is available, the common carrier may hold the box for pick-up at the local center for 5 more business days. After that the shipment will be returned to us. There is a $14 (+ tax) charge for re-shipments. While often sooner, Scout Circle shipments are shipped no less than twice monthly and should be sent within 14 days of your payment. Shipments are made from the state of California or Texas and delivery times will vary from one to twelve business days, the same timeframe as all Ground shipping orders. Because wine is perishable, additional delays may occur to make sure the wine avoids severe temperatures during delivery.
Minors Under the Age of 21
This Site does not intend to market any Scout & Cellar products or services to minors under twenty-one (21) years of age. Scout & Cellar does not knowingly gather or solicit data from minors under twenty-one (21) years of age through this Site for marketing purposes. By using this Site you represent that you are not under twenty-one (21) years of age. Adult signature will be required for delivery and proof of age will need to be presented at that time.
Refunds and Replacements – Satisfaction Guaranteed
You may request a refund for any wine that was ordered but not yet shipped. If you receive a defective or damaged shipment of wine, you may contact the Customer Support Department within sixty (60) days from the date of the order. Scout & Cellar will, at our discretion: (i) ship replacements for any damaged or defective items to you; or (ii) provide a credit of 100% of the amounts paid for the items.
If you are not satisfied with a Scout & Cellar wine, you may contact the Customer Support Department within sixty (60) days from the date of order for a 100% credit to be used at Scout & Cellar for the amount paid (less applicable shipping charges, taxes and fees). Wine ordered by a Consultant is subject to the terms of the Independent Consultant Agreement and may not be eligible for the Satisfaction Guarantee.
You can cancel your Scout Circle Membership at any time. Please contact Customer Support using the chat functionality or contact form at https://scoutandcellar.com/contact to close your account.
Ownership and Use of Content
Ownership and Use of Trademarks
The Site and Content are the property of Wine Retriever LLC, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Scout & Cellar at the Site or elsewhere are reserved to Scout & Cellar and its licensors.
The following are Wine Retriever LLC trademarks: Scout & Cellar; Clean-Crafted , Clean-Crafted Commitment, Scout Circle, MIXABLE, and each brand, logo, and label used on the site. In addition, the Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Site or in any Wine Retriever LLC site are the sole property of their respective owners.
This Site may contain links to third-party websites, which we provide as a convenience. We have not reviewed them and are not responsible or liable for the contents available at such linked site. By linking to a website or permitting a link to this Site, Scout & Cellar does not endorse the website operator or the content of the linked website. Use at your own risk.
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility. Due to local laws, alcohol may not be shipped to some locations. All payments associated with wine selections that are not shipped due to state or local regulations will be fully refunded.
The Site may contain various pages where you and other members or consultants may post content. Only post content to the Site that you created or which the owner of the content has given you permission to post. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code. You are solely responsible for anything you may post on the Site. All information, ideas, suggestions, or other communications you submit to Scout & Cellar will be non-confidential. Scout & Cellar owns all right, title, and interest in any compilation, collective work or other derivative work created by Scout & Cellar using or incorporating content posted to the Site.
Scout & Cellar is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted on the Site by another member or consultant.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Scout & Cellar reserves the right to investigate and take appropriate legal action against anyone who, in Scout & Cellar’s sole discretion, engages in any of the prohibited activities. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site anything that:
• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• attempts to or interferes with, harms, reverse engineers, steals from, or gains unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
• attempts to or results in data mining, robots, or the use of other data gathering devices on or through the Site, unless specifically allowed by these Terms;
• sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
• accesses the Site from a jurisdiction where it is illegal or unauthorized;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a content submission that is, or represents an attempt to engage in, child pornography, stalking, abuse, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service; or
• (a) does not generally pertain to the designated topic or theme of the relevant public forum; (b) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
Scout & Cellar cannot and does not assure that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
Disclaimers and Warranties
Your use of this Site and Content is at your own risk. Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCOUT & CELLAR AND THE SITE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Scout & Cellar does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability
SCOUT & CELLAR'S LIABILITY AND YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. SCOUT & CELLAR, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE NOR FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN ANY STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SCOUT & CELLAR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.