TERMS AND CONDITIONS

For Wineauxs Only, LLC Terms and Conditions (this “Agreement”) are between For Wineauxs Only, LLC, Inc. a Georgia Company (“For Wineauxs Only, LLC” or “Us”) and user (the “User” or “You”). This Agreement governs access to and the use of the For Wineauxs Only, LLC website and all services offered thereon (the “For Wineauxs Only, LLC Website” or the “Services”).

For Wineauxs Only, LLC is an online platform which provides its members (each, a “Member”) with access to unique, privately curated wine tasting and dining experiences (“Events”) hosted by our wine and restaurant partners (“Wine Shop/Restaurant Partners”).

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT SERVICES WILL ALSO BE SUBJECT TO THIS AGREEMENT. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME ON THE FOR WINEAUXS ONLY, LLC WEBSITE. FOR WINEAUXS ONLY, LLC RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT BY POSTING UPDATES TO THESE TERMS AND CONDITIONS ON THE FOR WINEAUXS ONLY, LLC WEBSITE. YOU ARE ADVISED TO CHECK THIS AGREEMENT FROM TIME TO TIME FOR ANY UPDATES OR CHANGES THAT MAY IMPACT YOU.

1. Member Accounts and Non-Member Reservations

Members) To access most of the functionality of the Services, make reservations at our exclusive Events, you must sign up as a Member of For Wineauxs Only, LLC. To become a Member you must create an account (an “Account”) and pay For Wineauxs Only, LLC’s membership dues (the “Membership Dues”).
Non-Members) Certain Events may become open to non-members (“Non-Members”), for example by a link shared via email or a posting on the For Wineauxs Only, LLC Website. To make a Reservation to such Event, a Non-Member must complete the checkout process and make payment for the Reservation.
Accuracy of Information) During the Member sign-up and Account creation process, or during the checkout process for Non-Members, we will request certain information which will be associated with your Account (or, in the case of a Non-Member, your Reservation), including your name, email address and phone number (optional). Additionally, in order to make payments through the Services, you must provide the information requested by our payment processor, typically your name, credit card information and mailing address. You represent and warrant that all information you provide to For Wineauxs Only, LLC is complete, accurate and personal to you and that you will update such information as necessary to maintain its completeness and correctness. Violations of these terms, or any other terms in this Agreement may result in cancellation of your Account or Reservation or other measures as deemed appropriate by For Wineauxs Only, LLC in its sole discretion.
Age) To use the Services and to attend all/any For Wineauxs Only hosted Event, you must be at least 21 years old. If you are incapable of entering into a binding contract in the jurisdiction in which you live, whether due to age or any other reason, you are prohibited from creating an Account or using the Services. At certain Events to which Reservations are offered on the Services, alcohol may be served. Our Restaurant Partners are required by law to request proof that you are at least 21 years of age prior to serving you any alcohol.
User Obligations) As a User, you agree to use the Services in compliance with this Agreement and the For Wineauxs Only, LLC Acceptable Use Policy.
Unauthorized Use & Access) User will prevent unauthorized use of the Services. User will promptly notify For Wineauxs Only, LLC of any unauthorized use of, or access to, the User’s Account or the Services. Each User is responsible for maintaining the confidentiality of such User’s password.
Restricted Uses) User will not (i) sell, resell, or lease the Services to Third Parties or (ii) use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury. User, not For Wineauxs Only, LLC, is responsible for User’s compliance with all local, state and federal laws.
Communication Setting Management) User is responsible for maintaining all “opt-in/out” settings for communications from or via the Services. Communications settings can be changed by contacting support@forwineauxsonly.com .
Updated Contact Information) If User provides contact information to For Wineauxs Only, LLC, that is the information For Wineauxs Only, LLC will have on file for the User. To update that information (for example, to change an email address), please update your Account Settings within the Services or contact us at support@forwineauxsonly.com .

2. Third Party Requests

“Third Party Request” means a request from a third party for records relating to any User’s use of the Services including information in or from a User’s Account or other activities and transactions on the Services or at Events. Third Party Requests may include search warrants, court orders or subpoenas, or any other request for which there is written consent from User permitting a disclosure. User is responsible for responding to Third Party Requests via its own access to User’s information and accounts. User will seek to obtain information required to respond to Third Party Requests and will request assistance from For Wineauxs Only, LLC only if it cannot obtain such information despite diligent efforts.

For Wineauxs Only, LLC will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify User of For Wineauxs Only, LLC’s receipt of a Third Party Request; (B) comply with User’s commercially reasonable requests supporting its efforts to oppose a Third Party Request; and (C) provide User with information or tools required for User to respond to the Third Party Request (if User is otherwise unable to obtain the information). If User fails to promptly respond to any Third Party Request, then For Wineauxs Only, LLC may, but will not be obligated, to do so.

3. For Wineauxs Only, LLC Events

During the term of membership, Members have exclusive, priority access to unique, privately curated wine tastings and dining experiences. Members may purchase Reservations for themselves and their Guests by using the Services. Certain Events may also be open to Non-Members. Each Event is different, but there are some attributes common to all of them.

Wine Shops/Restaurant Partners) Each Event is hosted by a Wine Shop/Restaurant Partner. The Wine Shop/Restaurant Partner provides For Wineauxs Only, LLC with certain information regarding the space the Event will be hosted in, the prix fixe menu for the Event (the “Menu”), and other supplementary information about the Wine Shop/Restaurant Partner and the Event. All such information will be displayed on the Event’s page on the For Wineauxs Only, LLC Website (the “Event Page”). Wine Shop/Restaurant Partners are solely responsible for the tasting/dining and hospitality offered at the Event and the information displayed on the Event Page.
Venue) Each Event will take place at the location designated by the Wine Shop/Restaurant Partner, typically a private dining/tasting room.
Menu) Each Tasting/Dining Event has a prix fixe Menu which can be viewed at the Event Page. The Menu is selected by the Wine Shop/Restaurant Partner, and may be subject to change at the discretion of the Wine Shop/Restaurant Partner. Please be advised that you are obligated to notify us (For Wineauxs Only, LLC) at time of purchase if you have any food allergies or dietary restrictions, and that, depending on the Menu and availability, the Wine Shop/Restaurant may not be able to accommodate special requests.
Reservations) Each Member, and, for certain Events, Non-Member (the Member or Non-Member who is responsible for purchasing the Reservation, the “Member Attendee”) is invited to reserve seats at such Event by purchasing a Reservation. Reservations may be made for the Member plus one or more guests (each, a “Guest”), depending on the Event. Seating at each Event is limited in advance, and once the maximum number of Reservations is reached, we will be unable to accept Reservations for the sold-out Event. The price for one person at the Event (the “Event Price”) is determined by the Wine Shop/Restaurant Partner. For Tasting/Dining Events, The Event Price for each Member Attendee and Guest is paid in full at the time of Reservation. The Event Price includes all applicable sales tax, gratuities and service fees for the tasting/meal, but unless expressly included in the "Menu" does not include consumed beverages or a la carte items ordered by Member Attendees and Guests, or service fees (such as corking fees) which may be charged by the Restaurant Partner and added to a final bill (the “Final Bill”) at the conclusion of the Event
Cancellation and Refunds) Each Event is uniquely curated, with a limited number of seats. For Wineauxs Only, LLC incurs certain costs with respect to each Event, and is required by its Wine Shop/Restaurant Partners to provide minimum attendance numbers. As such, our cancellation policy is as follows:
If any Member Attendee, or Guests thereof, is unable to attend an Event, the Member Attendee must notify us as soon as practicable. Reservations are not refundable. However, the Member Attendee may transfer the Reservation to a replacement attendee (“Replacement Attendee”) of such Member's choice, provided that the Member notifies us of the name and email address of each Replacement Attendee by contacting us at support@forwineauxsonly.com . By agreeing to become a Replacement Attendee, such Replacement Attendee is bound to this Agreement as a Member Attendee.
Each Member Attendee is solely responsible for Reservations such Member Attendee makes, including Reservations for their Guests.
Cancelled Events) It is rare, but for reasons beyond our control, our Wine Shop/Restaurant Partners or For Wineauxs Only, LLC may need to cancel an Event. If an Event is cancelled, we will notify each Member Attendee and Guest with Reservations to such Event as soon as practicable and will issue a full refund of the Reservation.

4. Agreement Between Member Attendee and Wine Shop/Restaurant Partner .

THE SERVICES FACILITATE THE SALE OF PRIX FIXE WINE TASTING AND/OR RESTAURANT RESERVATIONS, HOWEVER, FOR WINEAUXS ONLY, LLC IS NOT A PARTY TO THE RESERVATION. EACH TRANSACTION IS A DIRECT LEGAL CONTRACT BETWEEN THE MEMBER ATTENDEE AND THE WINE SHOP/RESTAURANT PARTNER HOSTING THE EVENT. All Reservations include at least the following terms:

A. Promises of Restaurant

Restaurant Partner agrees to provide a curated tasting/meal as described in the prix fixe Menu on the Event Page, and meeting the acceptable standards of the on-premise wine shop/restaurant industry.
Restaurant Partner agrees that the Event Price is paid by Member Attendee as a Reservation, and is inclusive of all applicable taxes, gratuities and service fees. Certain items on the Menu may change at the discretion of the Restaurant Partner (for example, due to availability), but the Event Price will not increase once reservations are opened.
Restaurant Partner agrees that Member Attendee and Guests may purchase beverages or a la carte items not included on the Event Page at additional cost, which will be included in the Final Bill and must be paid for by the Member Attendee and Guests at the conclusion of the Event.
Restaurant Partner is solely responsible for the experience of Member Attendees and their Guests at the Event and holds For Wineauxs Only, LLC and its affiliates, representatives and assigns harmless from any liability which may arise therefrom.

B. Promises of Wine Shop

Wine Shop Partner agrees to provide a Wine Tasting as described in the prix fixe Menu on the Event Page, and shall comply with the any/all local and state regulations, codes, and the laws of the jurisdiction where the Wine tasting is being held.
Wine Shop Partner agrees that the Event Price is paid by the Member Attendee as a Reservation, and is inclusive of all applicable taxes, gratuities and service fees. Certain items on the Menu may change at the discretion of the Wine Shop Partner (for example, due to availability), but the Event Price will not increase once reservations are opened.
Wine Shop Partner agrees that Member Attendee and Guests may purchase beverages or a la carte items not included on the Event Page at additional cost, which will be included in the Final Bill and must be paid for by the Member Attendee and Guests at the conclusion of the Event.
Wine Shop Partner is solely responsible for the experience of Member Attendees and their Guests at the Event and holds For Wineauxs Only, LLC and its affiliates, representatives and assigns harmless from any liability which may arise therefrom.

C. Promises of Member Attendees and Guests thereof

Members Attendee agrees that the total Event Price includes the "prix fixe" Menu for the tasting and/or dining experience and applicable taxes, gratuities and service fees.
Member Attendee agrees that the Reservation and Event Price excludes the cost of any consumed beverages or a la carte items purchased by Member Attendee and/or Guests thereof during the Event (all/any items not expressly included in the "Menu") and any applicable taxes, gratuities or service fees charged by Wine Shop/Restaurant Partner for those purchases.
Member Attendee and/or Guests thereof agrees to pay the Wine Shop/Restaurant Partner at the conclusion of the Event for any consumed beverages or a la cart items purchased by Member Attendee and/or Guests thereof during the Event as well as applicable taxes, gratuities or service fees, in each case as reflected on the Final Bill.
Member Attendee and/or Guests thereof agrees that Wine Shop/Restaurant Partners are solely responsible for their Events. If any portion of an Event is unsatisfactory, Member Attendee's and Guests thereof sole recourse is against the Wine Shop/Restaurant Partners, and not For Wineauxs Only, LLC, and Member Attendee's and Guests thereof holds For Wineauxs Only, LLC and its affiliates, representatives and assigns harmless from any liability which may arise therefrom.
Member Attendee's and Guests thereof will conduct themselves in an orderly manner and in full compliance with applicable laws and the house rules of the Wine Shop/Restaurant Partner.
Member Attendee agrees that he/she is solely responsible for any damage caused by Member Attendee and Guests thereof to the property of the Wine Shop/Restaurant Partner and holds For Wineauxs Only, LLC and its affiliates, representatives and assigns harmless from any liability which may arise therefrom.
Member Attendee agrees that he/she is responsible for notifying us (For Wineauxs Only, LLC) at the time of reservation of any food allergies or dietary requirements, and understands that Restaurant may not be able to accommodate special requests.

5. Virtual Wine Educational Events) For Wineauxs Only, LLC will host a series of Virtual Wine Educational Sessions throughout the year. These sessions are free for Members Only and may occur monthly or quarterly at the sole discretion of For Wineauxs Only, LLC. There is no minimum guaranteed number of sessions offered. By joining these online gatherings, you consent to being recorded, that your personal information may be visible to other participants, and that you should not share confidential information during the session. Views expressed by speakers are their own and not necessarily those of the host organization. Member Attendees are to adhere to industry standard etiquette practices for On-line/Virtual Meeting participation. For Wineauxs Only, LLC maintains the right to dismiss any participant from the Virtual Session at its sole discretion.

6. For Wineauxs Only, LLC Perks .

Members of For Wineauxs Only, LLC may be eligible for certain perks (“Member Perks”), including without limitation access to events, special deals and offers available exclusively to For Wineauxs Only, LLC Members.
For Wineauxs Only, LLC has the right to add, modify or eliminate any Member Perk at any time at its sole discretion. For Wineauxs Only, LLC does not guarantee the availability of any of Member Perks and they are all subject to change at any time without notice.

7. Dues, Fees and Payments

Membership Dues are collected on an annual basis. Membership Dues are currently $99 per year, but promotional offers and discounts may be available from time to time. Membership Dues are non-refundable. If Membership Dues ever change, we will notify you by email and announce such change in this Agreement. Membership automatically renews each year and Membership Dues will be automatically charged unless the membership is cancelled.

Members and Non-Members may be charged an administrative fees (a “Service Fee”) when making a Reservation. If a Service Fee will be charged for a Reservation, the amount of such Service Fee will be incorporated into the Event Price.

All Membership Dues and Service Fees are collected by third party payment processors. For Wineauxs Only, LLC does not receive or store your credit card information. Upon signing up as a Member or making a Reservation as a Non-Member, you will be requested to provide payment information, which will be forwarded to our payment processor. We currently use Stripe as our payment processor. You can see more about Stripe’s terms and conditions here.

Payments made upon purchasing a Reservation are also processed by our payment processor. A small transaction fee is charged by our payment processor for performing this Service and will be automatically deducted together with your payment. Depending on the transaction, certain portions of the Event Price may be applied to service or administrative fees paid to For Wineauxs Only, LLC. The remaining proceeds of the Event Price for Reservations to the Event are remitted to the corresponding Wine Shop/Restaurant Partner.

You are responsible for paying any applicable additional fees or taxes associated with your use of the Services. We will never collect any additional fees or payments without giving you a chance to review and accept them.

8. Term and Termination .

This Agreement will remain in effect until the earlier to occur of: (i) Member requests deletion of such Member’s Account; (ii) payment of the Final Bill by a Non-Member Guest at the conclusion of the last Event to which such Non-Member has purchased a Reservation; or (iii) termination otherwise in accordance with this Agreement.

For Wineauxs Only, LLC reserves the right to discontinue the Services in their entirety at any time and without prior notice. For Wineauxs Only, LLC may cancel or suspend a Member Account if payment has not been made when due, with or without notice. If any User engages in any activity that is harmful to For Wineauxs Only, LLC, our other Guests and Wine Shop/Restaurant Partners, our other Users, or any third parties, For Wineauxs Only, LLC will have the right to terminate or suspend such User’s Account or Reservations, or take any other necessary action immediately at For Wineauxs Only, LLC’s sole discretion and without prior notice.

If this Agreement terminates: the rights granted by For Wineauxs Only, LLC to User will cease immediately (except as set forth in this section); and For Wineauxs Only, LLC may delete any data relating to User’s Account. The following sections will survive expiration or termination of this Agreement: 2 (Third Party Requests), 8 (Term and Termination), 9 (Intellectual Property Rights), 10 (Disclaimers), 11 (Third Party Services), 12 (Indemnification), 13 (Limitation of Liability), 14 (Miscellaneous) and the For Wineauxs Only, LLC Acceptable Use Policy.

9. Intellectual Property Rights .

Reservation of Rights) THIS AGREEMENT DOES NOT GRANT FOR WINEAUXS ONLY, LLC ANY RIGHTS TO ANY INFORMATION UPLOADED BY USER OR THE INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN EXCEPT FOR THE LIMITED RIGHTS NEEDED TO RUN THE SERVICES, AS EXPRESSLY SET FORTH IN THIS AGREEMENT. This Agreement does not grant Users (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the For Wineauxs Only, LLC trademarks, logos, domain names, or other brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights. You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the Intellectual Property and proprietary and confidential information of For Wineauxs Only, LLC and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by For Wineauxs Only, LLC.
Recording Events) Member Attendees and their Guests consent to For Wineauxs Only, LLC’s right to take photographs and/or video and audio recordings at Events and consent to the use of such photographs, video footage and audio footage from such Events for promotional purposes on the For Wineauxs Only, LLC Website or any other marketing purposes for For Wineauxs Only, LLC’s perk.
Restaurant Partner Intellectual Property) Wine Shop/Restaurant Partners who agree to host Events and allow For Wineauxs Only, LLC to feature their restaurant in its listings grant to For Wineauxs Only, LLC the Intellectual Property Rights necessary to run the Services, including, without limitation, the right to use the Wine Shop/Restaurant Partner’s name, description of the Wine Shop/Restaurant Partner’s business, description of the Event, the Wine Shop/Restaurant Partner’s Menu, and other similar information. Notwithstanding the foregoing, Wine Shop/Restaurant Partners may request the removal or modification of any information which is displayed under such Wine Shop/Restaurant Partner’s Event.
Suggestions) Once submitted, feedback, comments and suggestions regarding the Services become the property of For Wineauxs Only, LLC. We may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense any feedback, comments, or suggestions Users send For Wineauxs Only, LLC without any obligation to Users.
Open Source Code) The Services may incorporate certain independent code that is licensed under open source licenses (“Open Source Code”). To the extent that the Services are licensed to you, any Open Source Code incorporated therein is licensed to you in accordance with the applicable open source licenses. To the extent that this Agreement conflicts with any of those open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Copyrighted Materials; Copyright Notice) All content and other materials available through the Services, the For Wineauxs Only, LLC logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by For Wineauxs Only, LLC or are the property of For Wineauxs Only, LLC’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor this Agreement grant you any right, title or interest in or to any such materials.
DMCA Policy) If you have evidence, know, or have a good faith belief that your intellectual property rights or the intellectual property rights of a third party have been violated by material made available in the Services, and you want For Wineauxs Only, LLC to delete, edit, or disable the material in question, you must provide For Wineauxs Only, LLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit For Wineauxs Only, LLC to locate the material; (d) information reasonably sufficient to permit For Wineauxs Only, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to For Wineauxs Only, LLC’s designated agent at:

Attn: Copyright Agent
For Wineauxs Only, LLC, Inc.
support@forwineauxsonly.com

10. Disclaimers.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, except as expressly stated in this Agreement, For Wineauxs Only, LLC makes no warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use or non-infringement and any warranties arising out of the course of dealing or usage of trade. Your use of the Services is at your own risk, and For Wineauxs Only, LLC makes no warranty that the Services will meet your requirements or be available on any uninterrupted, secure, or error-free basis, or operate at any particular speed. For Wineauxs Only, LLC makes no representations about information uploaded or posted by Users or Wine Shop/Restaurant Partners, whether in respect of an Event, a review or comment by any User, or any other matter. All information submitted to the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that information originated. For Wineauxs Only, LLC is not responsible for the accuracy, completeness, appropriateness, or legality of any information provided by any User or Wine Shop/Restaurant Partner. For Wineauxs Only, LLC has no responsibility or liability for any failure of the Services to store data, information, content, or files, the deletion of data, information, content, or files stored on the Services, or for the corruption of or loss of any data, information, content, or files stored on the Services. WINE SHOP/RESTAURANT PARTNERS ARE SOLELY RESPONSIBLE FOR THE EVENTS THEY HOST AND THE FOOD, BEVERAGES AND SERVICES THEY PROVIDE. FOR WINEAUXS ONLY, LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR OMISSIONS OF ANY OF ITS WINE SHOP/RESTAURANT PARTNERS, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CLAIMS ARISING OUT OF EVENTS WHICH OCCUR AT A WINE SHOP/RESTAURANT PARTNER EVENT TO WHICH FOR WINEAUXS ONLY, LLC HAS SOLD RESERVATIONS.

11. Third Party Services

If a User uses any third-party service with the Services, (a) such third party service may access or use User’s information; (b) For Wineauxs Only, LLC will not be responsible for any act or omission of the third party, including the third party’s use of User’s information; and (c) For Wineauxs Only, LLC does not warrant or support any service provided by the third party.
Links to Third-Party Websites or Resources) The Services may contain links to third-party websites or resources, including without limitation websites provided by Wine Shop/Restaurant Partners. For Wineauxs Only, LLC provides, or allows display of, these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.

12. Indemnification

User will indemnify, defend, and hold harmless For Wineauxs Only, LLC, its officers, directors, employees, contractors and agents from and against all claims, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, settlement costs and reasonable attorneys’ fees) arising out of any third party claim (including without limitation claims by Restaurant Partners) regarding: (i) any act or omission by such User or such User’s Guest at an Event; (ii) information submitted to the Services by User; and (iii) User’s use of the Services in violation of this Agreement, the For Wineauxs Only, LLC Acceptable Use Policy , any law or the rights (including contractual rights) of any third parties.

13. Limitation of Liability

Limitation on Indirect Liability) FOR WINEAUXS ONLY, LLC WILL NOT BE LIABLE FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES EVEN IF FOR WINEAUXS ONLY, LLC KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Limitation on Amount of Liability . FOR WINEAUXS ONLY, LLC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES COLLECTED BY FOR WINEAUXS ONLY, LLC IN RESPECT OF TRANSACTIONS TO WHICH THE USER MAKING THE CLAIM(S) HEREUNDER WAS A PARTY DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (II) $100. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS SECTION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOR WINEAUXS ONLY, LLC AND USER.

14. Miscellaneous

Terms Modification) For Wineauxs Only, LLC may revise this Agreement from time to time and the most current version will always be available to view on the For Wineauxs Only, LLC Website. If a revision, in For Wineauxs Only, LLC’s sole discretion, is material, For Wineauxs Only, LLC will notify you (for example to the email address you provided). You are responsible for checking this Agreement and the For Wineauxs Only, LLC Acceptable Use Policy regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If User does not agree to the revised Agreement terms, User must stop using the Services.
Entire Agreement) This Agreement constitutes the entire agreement between you and For Wineauxs Only, LLC with respect to the subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement
Governing Law) This Agreement and the Services will be governed by New York law except for its conflicts of laws principles.
Disputes, Venue
1. If a dispute arises between you and For Wineauxs Only, LLC, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To help us do that, you agree to first contact For Wineauxs Only, LLC Customer Support at support@forwineauxsonly.com to describe the problem and seek a resolution. If Customer Support does not resolve your issues, you agree to attempt to resolve any dispute arising out of or relating to this contract through negotiations between For Wineauxs Only, LLC and User or an agent of User who has the authority to settle the dispute. If the dispute is not resolved by negotiation within thirty (30) days of receipt of a written “invitation to negotiate,” then you and For Wineauxs Only, LLC agree to the following method to resolve any dispute or claim between us:
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTWITHSTANDING THE FOREGOING, ANY CONTROVERSY OR CLAIM TO WHICH FOR WINEAUXS ONLY, LLC OR ITS AFFILIATES ARE NOT A PARTY, INCLUDING WITHOUT LIMITATION ANY CONTROVERSY OR CLAIM BETWEEN ONE OR MORE USERS AND/OR ONE OR MORE WINE SHOP/RESTAURANT PARTNERS, SHALL NOT BE REQUIRED TO BE SETTLED BY ARBITRATION.
For any claim which does not exceed $10,000, the arbitration will be conducted solely on the basis of the documents that you and For Wineauxs Only, LLC submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If a claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Severability)If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, unenforceable or in conflict with any law, the unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of this Agreement will remain in full effect.
Notice) Notices may be sent electronically, must include “LEGAL NOTICE” in the subject line, and are deemed given when received. Notices to you may also be sent to the applicable email address you provided, and are deemed given when sent. Notices to For Wineauxs Only, LLC must be sent to: For Wineauxs Only, LLC, support@forwineauxsonly.com
Waiver . A waiver of any default is not a waiver of any subsequent default.
Assignment) User may not assign or transfer any part of this Agreement without the written consent of For Wineauxs Only, LLC. For Wineauxs Only, LLC may not assign this Agreement without providing notice to User, except For Wineauxs Only, LLC may assign this Agreement to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
No Agency)For Wineauxs Only, LLC and User are not legal partners or agents, but are independent contractors.
Publicity and Likeness) For Wineauxs Only, LLC may film, photograph or make audio recordings of certain Events. Diners and their Guests consent to such recordings and grant For Wineauxs Only, LLC from using them for marketing purposes on the For Wineauxs Only, LLC website, advertisements and social media accounts.
Force Majeure) Neither For Wineauxs Only, LLC nor User will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
No Third-Party Beneficiaries) There are no third-party beneficiaries to this Agreement.
Export Restrictions) The Services originate in the United States, and are subject to United States export laws and regulations. The Services may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and applicable foreign laws related to use of the Services.
Acceptable Use Policy.

For Wineauxs Only, LLC is proud to offer its Members the opportunity to purchase Reservations for exclusive curated private dining experiences, and wants all of its Users to enjoy the perks such a marketplace can provide. While we do not want to place undue restrictions on the ways in which you can use the Services, we must ask that you use them responsibly.

As a condition to our provision of the Services, you must agree to refrain from any actions which could be harmful to For Wineauxs Only, LLC, other Users, or any third parties. In particular, you must never use the Services, nor attempt to use the Services, to do any of the following:

• Scan, test or probe any computer network for security vulnerabilities;

• Circumvent or attempt to circumvent security, authentication or verification measures;

• Access, tamper with or use any non-public areas of the Services or For Wineauxs Only, LLC’s computer systems, or the technical delivery systems of For Wineauxs Only, LLC or its providers;

• Reverse engineer any of For Wineauxs Only, LLC’s proprietary technology;

• Access the Services in any manner other than our publicly-supported interfaces (for example, “scraping”);

• Threaten to, or actually, harm, disrupt or interfere with any user, host or network, for example by spamming, sending a virus, overloading, mail-bombing or attempting a denial of service attack;

• Send information with deceptive or false source-identifying information, otherwise known as “phishing,” or otherwise misrepresent your identity or affiliation with any person or entity;

• Send unsolicited email, junk mail, chain-letters, advertisements, promotions or other “spam” messages;

• Publish any fraudulent, misleading, defamatory or libelous material or information that otherwise infringes on the rights of others;

• Distribute or plant malware;

• Upload or share any materials that (i) infringe or misappropriate the intellectual property rights or violate the privacy rights of any party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity), (ii) are unlawfully obscene or pornographic, (iii) advocate bigotry, religious, racial or ethnic hatred or (iv) incite violence; or

• Violate any law or regulation or the rights (including contractual rights) of any third party.

For Wineauxs Only, LLC reserves the right to monitor the Services and investigate suspected violations of this Acceptable Use Policy, and to choose, in its sole discretion, how to respond to violations, including without limitation: suspension or termination of access to the Services, banning IP addresses, deletion of the offending data or files, notification of the relevant authorities or prosecution.