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Terms and Conditions

At Gather, we strive to offer a first-class experience for our members. The following terms and conditions (“Terms”) constitute a binding agreement between you and Gather, with respect to your use of this website and any other Gather owned websites, and social media pages and accounts. If you do not agree to these Terms, please do not use or access the Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain services, may also be posted in particular areas and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. Gather reserves the right to cancel and/or terminate any user’s account for any violation of these Terms. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult (21+) present to sign for all Gather shipments. A valid government-issued ID may be required upon delivery.

Privacy

Your use of the Gather Site, is subject to our Privacy Notice, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Winc.

Gather Membership

Gather Membership Program. To become a Gather Member, click on the Account Settings tab on the My Account page and opt into the program. By becoming a Gather Member and placing an order, you agree to receive a shipment of at least three (3) bottles of premium wine, either chosen by you or recommended by Gather, once a month until you cancel your membership. You may suspend or cancel your membership at any time. A three bottle order cost potentially range from $60-$160 A shipping charge will apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a Gather Member and providing your membership and credit card information, you authorize Gather to charge your credit card (including shipping, handling, and any applicable tax) for each monthly Gather wine shipment. Please notify us at least 15 days before any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Program. You must be a Gather wine member in order to place an order. You may become a member by providing the requested registration information and submitting it . By becoming a member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from Gather once a month until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $15 to $100 per bottle. A shipping & handling charge may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Gather to charge your credit card (including shipping, handling and any applicable tax) for each monthly Gather Membership wine shipment. Please notify us at least 15 days prior to 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 Gather Membership at any time by sending an email to gloria@gatherwine.com Monday through Friday between 7:00 a.m. and 4:00 p.m. Requests placed after hours will be processed the following business day. Gather may terminate your membership or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Gather 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 Gather determines, in its sole discretion, that you are using your Gather Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Gather deems appropriate in its sole discretion

Member Registration. If you register to become a Gather member, you agree to complete the initial registration process according to the requirements stated, 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 or through Gather, 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 and billing zip code at the time of submitting your order form. You represent and warrant to Gather that your use of a payment card in connection with any purchase you make on or through Gather is authorized and legal. As part of the initial registration process, you must choose a username and a password. For your protection, you must keep your username and password secret. You must immediately notify Gather if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username 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 or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Gather to charge such amount to your payment card at that time.

Gather's Commitment to Quality

If you are dissatisfied with your Gather purchase for any reason, please contact Gather Member Services at (415-461-4475) or drop into our store at 1110 Magnolia Ave, Larkspur, Ca Monday through Friday 10:00 a.m. and 4:00 p.m. Pacific Time, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Gather. Subject to the conditions set forth here, Gather will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit.

Risk of Loss

All items purchased from Gather 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.

Restocking and Reshipment Fees

Orders returned to Gather may be subject to a reasonable restocking fee. Gather reserves the right to charge an additional shipping charge for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. Gather 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 purchase alcohol through Gather.

Disclaimer of Warranties

THE GATHER SITE, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SITE, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND GATHER 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 GATHER NOR ANY PERSON ASSOCIATED WITH GATHER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GATHER SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GATHER NOR ANYONE ASSOCIATED WITH GATHER REPRESENTS OR WARRANTS THAT THE SITE, 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 GATHER SITE AND CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL GATHER, 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 SITE, 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 GATHER SITE, OR CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless GATHER 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.

Trademarks

The trademarks and service marks displayed on the GATHER Site, are the registered and unregistered trademarks, service marks and trade dress of GATHER and its licensors. Gather's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Gather, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gather. All other trademarks not owned by Gather that appear in any Gather Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gather.

Copyright

All content included on or made available through any Gather Site, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Gather 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 Gather Site, Applications and Services is the exclusive property of Gather and protected by U.S. and international copyright laws.

Links to Third-Party Websites

Gather Site may contain links to third-party websites. These links are provided for your convenience only. Gather has no control over third party websites, and we are not responsible for the content of such sites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Gather Site, 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 GATHER MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate
You and GATHER 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 our Terms 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.

If for any reason a claim proceeds in court rather than in arbitration both you and Gather each waive any right to a jury trial. You and Gather 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
Unless you and Gather 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 Gather's site, or any products sold or distributed by Gather. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

United States Only

Unless otherwise specified, Gather's Services are presented solely for the purpose of promoting products and services available in the United States. Gather makes no representation that services are appropriate or available for use in other locations. aws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and Gather, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

Gather reserves the right to make changes to these Terms, at any time. If Gather makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms o as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

If you have questions or comments about these Terms or the Winc Sites, Applications or Services, please write, phone or email us via the contact information below:

Gather
1110 Magnolia Ave
Larkpsur, Ca 94939

Email Us @ info@gatherwine.com

©2018 Gather. All Rights Reserved.GLORIA ATHERSTONE
415-420-8896

© 2019 Gather Wine.   •   wine bar • bottle shop • tasting room  
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