Terms and Conditions

Introduction

These Terms of Use apply to your use of the Scout & Cellar site at ScoutandCellar.com (the “Site”), and to content, information, products, services and materials on the Site (collectively, “Content”). By using the Site or accessing its Content, you accept and agree to these Terms of Use, which govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any of these Terms of Use, please do not use the Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms of Use.

Each time you use the Site, you reaffirm your acceptance of the Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site; your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This Site is owned and operated by Scout & Cellar and its subsidiaries and affiliates (collectively “Scout & Cellar”). Scout & Cellar reserves the right to change these Terms of Use at any time. The modified Terms of Use will be effective immediately upon posting and you agree to the new Terms of Use by continuing your use of the Site. If you do not agree with the modified Terms of Use, your only remedy is to stop using the Site.

This Site presents Content that is owned exclusively or licensed by Scout & Cellar. When used in these Terms of Use, “we” and “our” mean Scout & Cellar and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this Site.

Additional Terms

Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing those portions of the Site. Such additional terms and conditions will not change or replace these Terms of Use, unless otherwise expressly stated.

Memberships

By purchasing a membership on ScoutandCellar.com you understand that you are joining one of our Wine Clubs and that you will be billed immediately and every subsequent month, every other month, or every quarter, depending on the frequency of the specific club you selected, until you cancel your membership. The exact amount of the charges will depend upon the specific club you selected. 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 calling customer support at (972) 638-9918 or by sending an email to support@scoutandcellar.com. Your membership will begin immediately. All charges will be identified as Scout & Cellar or Wine Retriever LLC on your credit card statement.

Shipments

All Shipments are delivered by FedEx. An adult signature from someone twenty-one (21) years and older is always required for delivery. Age verification must be provided at the time of the delivery. A business addresses is recommended for deliveries. If shipping to a residence, FedEx will make 3 attempts on consecutive business days. If no one is available, FedEx will hold the box for pick-up at the local FedEx center for 5 more business days. After that the shipment will be returned to us. There is a $14 charge for re-shipments. While often sooner, wine club 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 seven days based upon your distance from those states. Because wine is perishable, additional delays may be 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 

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 Support and Service Department within thirty (30) days from the date of the order. Scout & Cellar will, at your option: (i) ship replacements for any damaged or defective items to you; or (ii) provide a refund or credit of 100% of the amounts paid for the items.

If you are not satisfied with a Scout & Cellar wine, you may contact the Support and Service 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).

Terms of Sale

At your option and as a convenience, Wine Club Members may schedule recurring wine shipments for delivery every month, every other month or every quarter when enrolled in this feature. Unless you change or cancel the order on the website, The Cellar or by emailing support@scoutandcellar.com or contacting Member Services at (972) 638-9918 and requesting changes, these shipments will continue as scheduled.

Cancellation Policy

You can cancel your Wine Club Membership at any time. Please contact Member Services at support@scoutandcellar.com or give us a call at (972) 638-9918 to close your Member account.

Substitutions

Scout & Cellar reserves the right to substitute wines of similar varietal, quality and value for wines that have sold out.

Ownership and Use of Content

“Submissions” means text, messages, reviews, comments, ideas, suggestions, art, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, acts, appearances, performances and/or other information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or to the Scout & Cellar Site. If you transmit to Scout & Cellar, post, or upload any Submissions on or to this Site, you grant Scout & Cellar and its affiliates a non-exclusive, royalty-free, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, distribute, create derivative works, and incorporate those Submissions and the names identified therein in any media in the world for any and all commercial and non-commercial purposes.  You waive any rights you may have regarding your Submissions being revised or manipulated.  This license will continue even after you stop using the Service.  You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Service and third-party social media sites, such as Facebook and Instagram. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify or create derivative works thereof the Submissions. You may not post or upload the Submissions within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Submissions are reserved.

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. 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.

Links

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.

Availability

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.

Posted Content

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.

Prohibited Activities

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.

Privacy

For information on our privacy practices, please see our Privacy Policy, which is hereby incorporated into these Terms of Use.

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Texas, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Waiver

Any failure of Scout & Cellar to enforce these Terms of Use at any time for any reason, shall not be construed as a waiver of any right to do so at any time.

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.