Sommsation Terms and Conditions

SOMMSATION TERMS OF SERVICE

Welcome to Sommsation.

Sommsation LLC, its subsidiaries and affiliates (“Sommsation”, “we”, “our”, or “us”) own and operate certain websites, technology, programs, and tools (collectively, the "Platform"), as well as services associated with or made available through the Platform (collectively, the "Services"). These Terms govern your access to the Platform and Services and constitute a legal agreement between you and Sommsation.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST SOMMSATION TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY REPRESENTATIVE ACTION OR PROCEEDING.

By accessing or using our website, the Platform, or any Services you are agreeing to be bound by these Terms.

Some of our products and services may have additional rules, policies, and procedures (“Additional Terms”). Where Additional Terms apply to a product or service, we will make them available for you to read through your use of that product or service. By purchasing that product or service, you agree to any Additional Terms.

The Services are limited to users who are 21 years and older and are residents of the United States. In order to use our Services, you must register for an account (“Account”) and provide certain information about yourself. By using the Services, you represent that (a) you qualify to use the Services (b) all required registration information you submit is truthful and accurate, and (c) you will maintain the accuracy of such information.

Account Registration

Sommsation requires that you register a profile before you can complete a transaction. The information you provide must be accurate and complete. Your order may be declined if inaccurate name and age information is provided. If you wish to deactivate your account for any reason, please send a request to support@sommsation.com. If Sommsation wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you. Sommsation may, but is not obligated to, reactivate an account upon written request to Sommsation Services LLC, 2 W Market St., Suite 600, West Chester, PA 19382 or support@sommsation.com.

Privacy and Data

By accessing the Platform, using the Services, or registering for an account, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Policy.

Our Services

Sommsation does not sell, offer to sell, or solicit sales of alcohol. Sommsation enables you to book wine tasting experiences (an “Experience”) and search online for wine sold by licensed wineries that use Sommsation’s e-commerce services ("Wineries" or “Winery”). When you search for a wine tasting experience or wine, the Website shows you product and event availability, price, and certain other information based on your location and information provided by the Wineries.

When you place and order, it is a request to purchase from a Winery. The total purchase amount (plus any additional fees for Paid Services) may be authorized by your payment card company. The purchase order will be complete once a Winery reviews the order and accepts it.

Sommsation cannot guarantee shipping or delivery times and is not liable for the actions, products, or content of any Wineries. Our Services may be restricted or not available due to local or state regulations or other restrictions.

Fees

Platform offerings, including Services offered by us and Wineries, may include certain Platform and event fees subject to payment at time of reservation or at time the service are delivered (the “Paid Services”). Payment terms presented to you in the process of using or electing for a Paid Service are deemed part of these Terms.

Payment Terms

We use a third-party payment processor for payment services (the “Payment Processor”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to our Terms. By choosing to use the Services, you agree to pay Sommsation, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms. You also authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due for your Paid Services upon demand.

Gift Cards

Purchaser Terms. You may purchase Sommsation electronic Gift Cards (“Gift Card”, “Gift Cards”) in US dollar denominations as specified on the Gift Card product details page on Sommsation’s website (Sommsation.com). The amount of the Gift Card you purchase will be charged to your credit card when you confirm your purchase of such Gift Card. Gift Cards cannot be purchased with another form of gift cards.The recipient of a Gift Card, whose information you enter when purchasing a Gift Card, will be notified via email at the address you provide. We reserve the right, without notice to you, to void any Gift Card without a refund, to cancel or limit orders, and to bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Sommsation.com order fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

Redemption Terms. Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Sommsation. Once the recipient of the Gift Card enters the Gift Card code during checkout on Sommsation.com, then the value of the Gift Card will appear in the recipient’s shopping cart as a credit toward that purchase. If a purchase exceeds the remaining balance on the Gift Card, the balance must be paid by credit card or another permitted payment method, in accordance with Sommsation standard payment policies. If the recipient removes the Gift Card from the Sommsation.com checkout prior to completing the purchase, the balance of the Gift Card will remain available for future use. Gift Cards cannot be used to purchase other Gift Cards.

Restrictions & Exclusions. Gift Cards do not expire. Except where prohibited by applicable law, Gift Card recipients may not (a) receive refunds for Gift Cards, (b) resell or otherwise transfer Gift Cards to others (including without limitation transferring Gift Cards to other Sommsation Users’ accounts), (c) reload Gift Cards, or (d) redeem unused Gift Card balances. Gift Cards are not currency, and do not have cash value outside of Sommsation. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. Sommsation is not responsible if any Gift Card is lost, stolen, or destroyed, or if any Gift Card is used without your permission. Sommsation is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.

General Terms. The Sommsation.com Terms of Service apply. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to a purchase. When you purchase, receive, or apply a Gift Card to a purchase, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Sommsation, and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

Rebel Wine Club

Auto-Renewal. By purchasing the above wine set, you confirm that you authorize Sommsation to charge your designated credit card on or around the 5th of each month or quarter for your next shipment. The Rebel Wine Club is a monthly or quarterly recurring shipment, and will be billed each month or quarter unless you pause or cancel the membership. There are no fees or costs to join the Rebel Wine Club. Wine Club enrollment date determines quarterly (every 3 months) cadence.

Billing. Your membership will be billed automatically on or around the 5th of each month or quarter, and will be charged to the card that you save in your user profile. In order to be a member of the Rebel Wine Club, you must have a valid credit card saved to your account.

Notifications, Pausing, and Cancellations. On or around the 15th of each calendar month prior to your monthly or quarterly shipment, you will receive an email notification containing details about the products in next month’s shipment, along with the amount that will be charged to your credit card for the shipment. You will have two weeks from that notification to pause or cancel your monthly or quarterly club shipment. If you do not respond or contact concierge@sommsation.com with clear intent to pause or cancel your membership your credit card on file will be billed and the order will be processed for shipment to your designated address.

Prices, Taxes and Fees

Wine prices are established by the Wineries using the Sommsation Platform. Your order, including event fees, where appropriate, and shipping fees, may be subject to tax. The amount of the tax depends on several factors, including the products ordered, the delivery location, and the legal obligations of the Platform and/or Wineries.

Sommeliers

Sommeliers are independent contractors and not employees, agents, joint venturers, or partners of Sommsation. In the unlikely event that a Sommelier cancels on an Experience, you may be eligible for a full or partial refund under our policies.

Substitutions

Sommelier and/or wine substitutions may need to be made from time to time due to the availability of our sommelier and Winery partners, or wine inventory. In the event that a substitution is necessary, Sommsation will make its best effort to notify the event planner and/or the attendees of the substitution and provide information about a replacement.

Cancellation policy

You may cancel an Experience up to 14 days before the scheduled event date with no penalty or cancellation fee. The Platform does not have control over a wine order and cannot reverse any order after the Winery has processed and shipped the wine. If you wish to cancel your Experience less than 14 days in advance, you may be subject to a cancellation fee. All wine sales are final and cannot be refunded or replaced.

Rescheduling

You can reschedule the date or time of your Experience (or add or remove guests) up to 14 days before the Experience is scheduled, if availability for another Experience exists. If you reschedule an Experience, the cancellation policy will remain based on the original purchase time and original start date of the experience.

Cancellations due to Unforeseen Circumstances

If unforeseen circumstances occur, either before or during the Experience, Sommsation may cancel the Experience. Examples of such circumstances can include, but are not limited to, inclement weather or natural disasters affecting Sommsation’s execution from their platform partners, technology outages or Sommelier absence without a substitution being provided. If this happens, Sommsation will offer options to reschedule Experience at an alternative time or date. If there is no reasonable alternative, you will be fully refunded for the experience fee. Wine products are not refundable.

Wine Shipment

Our Winery partners reserve the right to refuse, cancel or adjust your order for any reason. For example, a Winery may hold shipments if they believe weather conditions (extreme heat or freezing cold) may impact the quality of products or services. Additionally, Winery partners may limit where they can ship or deliver purchased orders. If a Winery policy or applicable law, rule, or regulation prohibits delivery to your address, the Platform will notify you and offer a substitute or issue a refund. In some cases, the law requires Winery to limit the number or type of products in your order. If this happens, the Platform will notify you and offer a reasonable substitute or refund your money. If you accept a substitution, the order total will be adjusted accordingly.

Damaged Shipment

If you receive your wine and it has been damaged during shipment, please email us at Support@sommsation.com within 24 hours of receiving the shipment. Please include a description of the damage and pictures. This information is extremely helpful to us in making sure that our wine partners packaged and shipped the wine properly. Sommsation will connect with the Winery to provide a replacement for the damaged products.

ID verification

Alcohol cannot be left unattended—someone 21 or older must be present to accept and sign for it. It is the responsibility of the Winery and any delivery provider they use to verify identification and age. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of delivery. If they cannot verify age or identity, they may refuse to deliver your shipment of alcohol. If a Winery is unable to deliver your product for this or a similar reason, the Winery may charge a restocking fee. Subsequent delivery attempts are at the discretion of the Winery and their delivery service, and are subject to redelivery fees.

Third-Party Services

Certain Services may be provided via third-party websites or may permit you to link to other websites, services, or resources on the Internet. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third- party website or resource.

Rules of Conduct

You are responsible for all of your activities in connection with the Platform and Services. Sommsation’s goal is to create a positive, rewarding, and safe experience in connection with our Platform. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Sommsation or any of our partners. When you use the Platform and Services, you may not:

• intentionally or unintentionally violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post, share, send, distribute or otherwise use the website to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications);
• bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform or Services (or other accounts, computer systems or networks connected to the Services)
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use automated methods to use the Platform or use any means to scrape or crawl any web pages or content contained on the Platform (although we may allow operators of public search engines to use spiders to index materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
• attempt to circumvent any technological measure implemented by Sommsation or any of our partners or providers, or any other third party (including another user) to protect the Platform;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform;
• advocate, encourage or assist any third party in doing any of the foregoing; or
• otherwise take any action in violation of our Terms and policies

Disclaimers of Warranties

THE MATERIAL CONTAINED IN THIS WEBSITE HAS BEEN CHECKED FOR ACCURACY; HOWEVER, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THIS WEBSITE. INFORMATION PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability; Indemnification

SOMMSATION, ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS (“SOMMSATION INDEMNITIEES”) ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. SOMMSATION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY WINERY, TRANSPORTATION PROVIDER, OR OTHER USER OF THE PLATFORM. SOMMSATION IS NOT LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.

Copyrights, Trademarks and other Proprietary Rights

The contents of Sommsation.com, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to Sommsation. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without Sommsation’s written permission. You are authorized to use this material only for personal, non-commercial purposes.

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Pennsylvania

ARBITRATION AND CLASS ACTION WAVIER

Except as explicitly set forth below with regard to the Class Action Waiver below, any controversy, claim or dispute between you and Sommsation arising out of or relating in any way to these Terms and/or the Services (“Arbitrable Claims”) shall be resolved by binding arbitration before a neutral arbitrator. Arbitrable Claims include disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion thereof, all of which matters shall be decided by an arbitrator and not by a court or judge.

You and Sommsation agree that arbitration will be conducted only on an individual basis and not on a class, collective, or other representative basis (the “Class Action Waiver”). Notwithstanding anything herein to the contrary or any rules or procedures that may apply to this arbitration provision, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. In the event the Class Action Waiver is found unlawful or unenforceable, any class, collective, or other representative based claim must be brought in a court or other forum of competent jurisdiction but may not be brought in arbitration.

The arbitration shall take place in West Chester, PA unless otherwise agreed by you and Sommsation. The arbitration shall be administered by JAMS and its applicable rules (the “JAMS Rules”), shall be final and binding upon you and Sommsation, and shall be the exclusive remedy for all Arbitrable Claims. The arbitration shall be presided over by one arbitrator, who shall be selected by you and Sommsation in accordance with the JAMS Rules and shall be experienced in commercial law. The arbitrator shall render an award and written opinion within the time provided in the JAMS Rules. Sommsation shall pay any filing fee and the fees and costs of the arbitrator; provided, however, that if you are the party initiating the arbitration, you will pay an amount equivalent to the filing fee that you would have paid to file a civil action or initiate a claim in a Pennsylvania court of competent jurisdiction. You and Sommsation shall each pay for our own costs and attorneys’ fees. Either you or Sommsation may bring an action in court to compel arbitration under this Agreement or to enforce an arbitration award. Otherwise, neither you nor the Sommsation shall initiate or prosecute any lawsuit or action in any way related to any Arbitrable Claim. If any court or arbitrator finds that any term makes this arbitration provision unenforceable for any reason, the court or arbitrator shall have the power to modify such term (or if necessary delete such term) to the minimum extent necessary to make this arbitration provision enforceable to the fullest extent permitted by law. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND SOMMSATION GIVE UP ALL RIGHTS TO TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED BY LAW.

If an arbitrator or a court finds Sommsation liable for damages notwithstanding the foregoing, Sommsation’s total liability for all damages shall not exceed the amount paid by you to Sommsation for your use of the Platform.

Communications Decency Act

Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.

Updates to our Terms

We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we will give notice to you in writing to the last address provided, by email, by posting a notice on the Platform or updating the “Last Updated” date below . We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. You confirm your acceptance of the modifications or updates by continuing to use the Platform. If you do not agree to the amended or updated Terms, you must stop using the Platform and delete your Sommsation account.

If you have any questions about these Terms of Service, please contact us at support@sommsation.com