1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY SUBSCRIBING TO THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT SUBSCRIBE TO THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT 18 YEARS OF AGE OR OLDER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to subscriptions purchased for Northwest Wine Report at northwestwinereport.com (the “Site“). These Terms are subject to change by Northwest Wine Report (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing a subscription available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to subscribe, pursuant to these Terms, to any plan listed in your order. All orders must be accepted by us, and we may cancel your subscription at any time upon written notice to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a payment receipt email with your order number and details of the subscription you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your payment receipt email.
3. Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a subscription will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes, except that we may increase the price of a subscription by giving you thirty (30) days advance written notice of the change. Posted prices for subscriptions do not include any taxes required to be charged by us; any taxes will be reflected at checkout and on your monthly invoice.
Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. Subscribers in the United States can use: Visa, Mastercard, American Express, Discover, and debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Your order confirmation will have details on how to activate your subscription. You will be responsible for activating your subscription and maintaining your login information.
5. Cancellation of Subscription by you or by us.
a) You may cancel your subscription at any time on 2 days’ notice by logging into your account settings. The cancellation will go into effect before the next renewal date, whether you have a monthly or annual subscription. By way of example, if your renewal would be on February 1st, and you cancel on January 31st, your subscription would be cancelled on February 2nd; you would pay for the February subscription but not the March subscription.
c) We may cancel your subscription at any time for any reason. In the event that we cancel your subscription under this subsection c), we will cancel it at the end of the time period for which you have paid subscription fees.
6. Limitation of Liability.
YOUR ONLY REMEDY IN THE EVENT THAT YOU DO NOT LIKE THE CONTENT ON THE SITE IS TO CANCEL YOUR SUBSCRIPTION. WE WILL NOT REFUND ANY SUBSCRIPTION FEES, EXPENSES, OR TAXES. CANCELLING YOUR SUBSCRIPTION IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE OBLIGATION AND LIABILITY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SUBSCRIPTION, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(a) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Intellectual Property Use and Ownership.
You acknowledge and agree that:
(a) All uses on this Site of the terms “subscribe,” “subscription,” “sell,” “sale,” “purchase,” “price” and the like mean the purchase or sale of a license to access certain content on the Site restricted to subscribers. Each subscription type marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the specific subscription chosen.
(b) You will comply with all terms and conditions of the specific subscription you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, copying, making, modifying, improving, sublicensing and transfer of the subscription content.
(c) You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of the subscription terms, conditions, and restrictions.
(d) Northwest Wine Report is and will remain the sole and exclusive owners of all intellectual property rights in and to the content made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the terms of your subscription. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Site’s content.
9. Force Majeure.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (f) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (g) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, the other party may thereafter terminate your subscription upon 5 days’ written notice.
10. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND NORTHWEST WINE REPORT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF A SUBSCRIPTION THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Northwest Wine Report.
14. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier or registered or certified mail to Northwest Wine Report, 1752 NW Market St., #4826, Seattle, Washington 98107-5264. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.