GENERAL

The following terms and conditions (“Terms”) constitute a binding agreement between you and The Guilty Grape LLC (“GG,” “Company” “we” “our,” or “us”) with respect to your use of this website and any other GG owned websites, micro-sites, and social media pages and accounts (collectively, “GG Sites”) and the services available on such platforms (together with the GG Sites, the “Services”), including any Content (as defined below). By accessing the GG sites, provided by GG, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree with any of these Terms or are not of a legal age for consuming alcoholic beverages, you are prohibited from using or accessing this GG Site and any other GG Site, and purchasing any products or subscriptions from GG.If you do not agree to these Terms, please do not use or access the GG Sites or Services for any purpose. Additional policies, terms, and conditions applicable to certain GG Services, or to particular content or transactions, may also be posted in particular areas of certain GG Sites and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the GG Sites will be controlling with respect to those particular areas. GG reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on GG Sites. Fraudulent behavior and spamming on GG Sites or any other website in regards to GG will not be tolerated.
Wine and spirits may only be sold and delivered to individuals 21 years or older. There must be an adult over the age of 21 present to sign for all GG shipments. A valid government-issued ID may be required upon delivery.

PRIVACY POLICY

GG’s privacy provisions below (“Privacy Policy”) describe the information that GG collects when you use and access the GG Sites, how we or our trusted third party service providers use it and how and under what circumstances GG shares that information. This Privacy Policy does not apply to information collected in any other way, such as offline communications. Information collected for purchases made on the GG Sites shall be collected by our third party service provider and shall be subject to that party’s privacy policy.
GG collects personally identifiable information about you when you voluntarily provide information through the GG Sites that personally identifies you and/or allows us to contact you, including when you purchase products from the GG Sites. The personal information you provide to GG when using the GG Sites and Services will be utilized by GG in its reasonable discretion to operate, improve and personalize the GG Sites and to provide customer service.
Your personal information may be disclosed, stored and / or transferred (or otherwise made available) to third parties who provide services to GG or on GG’s behalf. By providing your personal information to GG, you give your consent to the processing of your personal information in the above manner. In addition, you affirm that all information contained within your submission is accurate and that you have the right to provide us with any and all information that you submit.
Notwithstanding any other statements or representations in this Privacy Policy or elsewhere on our GG Sites, GG reserves the right to disclose any information in our possession if GG is required to do so by law or GG believes, in good faith, that such a disclosure is necessary to comply with the law, defend GG’s rights or property, or to respond to an emergency situation.
If you do not consent to the terms of this Privacy Policy, please do not use the GG Sites or Services.

SECURITY

GG implements physical, technical and administrative safeguards designed to maintain the safety of the personal information that you submit.  However, the security of information transmitted through the internet can never be guaranteed.  GG (like all websites) cannot warrant or guarantee 100% security of any information you transmit to us on the GG Sites.

PAYMENT

The total amount to be paid by you for your order will be the sum of the prices for the products you select, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize GG (or its third party service provider) to charge such amount to your payment card at that time.
RISK OF LOSS
All items purchased from GG 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.

YOUR ACCOUNT

All alcohol listings are intended for individuals who are 21 years of age or older. GG 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 use GG sites and purchase alcohol through GG Services.

DISCLAIMER OF WARRANTIES

THE GG SITES AND SERVICES, THE CONTENT PROVIDED ON OR THROUGH THE GG SITES AND SERVICES AND THE PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH THE GG SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND GG 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 GG NOR ANY PERSON ASSOCIATED WITH GG MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GG SITES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GG NOR ANYONE ASSOCIATED WITH GG REPRESENTS OR WARRANTS THAT THE GG SITES, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GG SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GG SITES OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LIMITATION OF LIABILITY

IN NO EVENT WILL GG, ITS LICENSORS, CONTENT PROVIDERS, AGENTS, OR THIRD PARTY SERVICE 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 GG SITES AND SERVICES, 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 GG SITES, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless GG and its officers, directors, managers, members, 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, or your use of GG Sites or Services.

TRADEMARKS

The trademarks and service marks displayed on the GG Sites and Services are the registered and unregistered trademarks, service marks and trade dress of GG and its licensors. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GG Sites and Services are trademarks, service marks or trade dress of GG in the U.S. and other countries. GG’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not GG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GG. All other trademarks not owned by GG that appear in any GG Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GG.

COPYRIGHT

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

SUBMITTED MATERIALS AND IDEAS

While we appreciate your interest in GG and our business, GG does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of GG might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on GG Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

LINKS TO THIRD-PARTY WEBSITES

GG Sites or Services may contain links to third-party websites. These links are provided for your convenience only. GG has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the GG Sites, 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.

GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any GG Sites or Services, or any products sold or distributed by GG or through GG Sites or Services, shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.
Unless you and GG agree otherwise, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any GG Sites or Services, or any products sold or distributed by GG or through GG Sites or Services shall be instituted exclusively in the federal or state courts located in Chicago, Illinois. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver of these Terms by GG shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of GG to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
UNITED STATES ONLY
Unless otherwise specified, the GG Services are presented solely for the purpose of promoting products and services available in the United States. GG makes no representation that the GG Services are appropriate or available for use in other locations. If you access GG Services or the GG Sites from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between you and GG with respect to the GG Services and GG Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

CONTACT INFORMATION

If you have questions or comments about these Terms or the GG Sites or Services or would like to review, update, correct or delete any personally identifiable information you have provided, please write, phone or email us via the contact information below:
GG
Chicago, IL 60616
info@theguiltygrape.com
NOTICE AND CHANGES TO OUR TERMS
The Effective Date of these Terms is set forth at the top of these Terms. GG reserves the right to modify these Terms at any time, for any reason, without notice to you, other than the posting of the amended Terms, and its effective date, on this page. For this reason, you should regularly review these Terms and note the effective date. Your continued use of the GG Sites after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

GENERAL

The following terms and conditions (“Terms”) constitute a binding agreement between you and The Guilty Grape LLC (“GG,” “Company” “we” “our,” or “us”) with respect to your use of this website and any other GG owned websites, micro-sites, and social media pages and accounts (collectively, “GG Sites”) and the services available on such platforms (together with the GG Sites, the “Services”), including any Content (as defined below). By accessing the GG sites, provided by GG, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree with any of these Terms or are not of a legal age for consuming alcoholic beverages, you are prohibited from using or accessing this GG Site and any other GG Site, and purchasing any products or subscriptions from GG.

If you do not agree to these Terms, please do not use or access the GG Sites or Services for any purpose. Additional policies, terms, and conditions applicable to certain GG Services, or to particular content or transactions, may also be posted in particular areas of certain GG Sites and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the GG Sites will be controlling with respect to those particular areas. GG reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on GG Sites. Fraudulent behavior and spamming on GG Sites or any other website in regards to GG will not be tolerated.

PRIVACY POLICY

GG’sprivacy provisions below (“Privacy Policy”) describe the information that GGcollects when you use and access the GG Sites, how we or our trusted third party service providers use it and how and under what circumstances GGshares that information. This Privacy Policy does not apply to information collected in any other way, such as offline communications. Information collected for purchases made on the GG Sites shall be collected by our third party service provider and shall be subject to that party’s privacy policy.

GG collects personally identifiable information about you when you voluntarily provide information through the GG Sites that personally identifies you and/or allows us to contact you, including when you purchase products from the GG Sites. The personal information you provide to GG when using the GG Sites and Services will be utilized by GG in its reasonable discretion to operate, improve and personalize the GG Sites and to provide customer service.

Your personal information may be disclosed, stored and / or transferred (or otherwise made available) to third parties who provide services to GG or on GG’s behalf. By providing your personal information to GG, you give your consent to the processing of your personal information in the above manner. In addition, you affirm that all information contained within your submission is accurate and that you have the right to provide us with any and all information that you submit.

Notwithstanding any other statements or representations in this Privacy Policy or elsewhere on our GG Sites, GGreserves the right to disclose any information in our possession if GGisrequired to do so by law or GGbelieves, in good faith, that such a disclosure is necessary to comply with the law, defend GG’srights or property, or to respond to an emergency situation.

If you do not consent to the terms of this Privacy Policy, please do not use the GG Sites or Services.

SECURITY

GGimplements physical, technical and administrative safeguards designed to maintain the safety of the personal information that you submit.  However, the security of information transmitted through the internet can never be guaranteed.  GG(like all websites) cannot warrant or guarantee 100% security of any information you transmit to us on the GGSites.

SHIPPING

GG Products include wine and spirits and may only be sold and delivered to individuals 21 years or older. There must be an adult over the age of 21 present to sign for all GG shipments. A valid government-issued ID may be required upon delivery.For GG product orders, GG will ship all products using UPS. A flat shipping charge of may apply based on the size of your order. Taxes may apply based on the shipping address.

PAYMENT

The total amount to be paid by you for your order will be the sum of the prices for the products you select, all applicable taxes, and shipping and handling charges. When purchasing products on the GG Site and providing your credit card information, payment is due when you submit your order, and you hereby authorize GG (or its third party service provider) to charge such amount to your payment card at that time for each product or monthly subscription box shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your subscription.

If you register to purchase any product or monthly subscription box, you agree to complete the initial registration process according to the requirements stated on the applicable GG Sites and Services, 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. You also 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, at the time of submitting your order form. You represent and warrant to GG that your use of a payment card in connection with any purchase you make on or through GG Sites and GG Services is authorized and legal.As part of the initial registration process, you must choose a user name and a password to use when accessing the GG Services. For your protection, you must keep your user name and password secret. You must immediately notify GG if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

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.

GG’S’ COMMITMENT TO QUALITY

If you are dissatisfied with your GG purchase for any reason, please email us at help@theguiltygrape.com, 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 GG. Subject to the conditions set forth here, GG 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. GG products and monthly subscription boxes are nonrefundable.

RESTOCKING AND RESHIPMENT FEES

Orders returned to GG may be subject to a reasonable restocking fee. GG reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

RISK OF LOSS

All items purchased from GG 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.

YOUR ACCOUNT

All alcohol listings are intended for individuals who are 21 years of age or older. GG 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 use GG sites and purchase alcohol through GG Services.

DISCLAIMER OF WARRANTIES

THE GG SITES AND SERVICES, THE CONTENT PROVIDED ON OR THROUGH THE GG SITES AND SERVICES AND THE PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH THE GG SITESAREPROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND GG 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 GG NOR ANY PERSON ASSOCIATED WITH GG MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GG SITES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GG NOR ANYONE ASSOCIATED WITH GG REPRESENTS OR WARRANTS THAT THE GG SITES, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GG SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GG SITES OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LIMITATION OF LIABILITY

IN NO EVENT WILL GG, ITS LICENSORS, CONTENT PROVIDERS, AGENTS, OR THIRD PARTY SERVICE 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 GG SITES AND SERVICES, 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 GG SITES, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless GG and its officers, directors, managers, members, 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, or your use of GG Sites or Services.

TRADEMARKS

The trademarks and service marks displayed on the GG Sites and Services are the registered and unregistered trademarks, service marks and trade dress of GG and its licensors. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GG Sites and Services are trademarks, service marks or trade dress of GG in the U.S. and other countries. GG’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not GG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GG. All other trademarks not owned by GG that appear in any GG Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GG.

COPYRIGHT

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

SUBMITTED MATERIALS AND IDEAS

While we appreciate your interest in GG and our business, GG does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of GG might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on GG Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

LINKS TO THIRD-PARTY WEBSITES

GG Sites or Services may contain links to third-party websites. These links are provided for your convenience only. GG has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the GG Sites, 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.

GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any GG Sites or Services, or any products sold or distributed by GG or through GG Sites or Services, shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.

Unless you and GG agree otherwise, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any GG Sites or Services, or any products sold or distributed by GG or through GG Sites or Services shall be instituted exclusively in the federal or state courts located in Chicago, Illinois. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver of these Terms by GG shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of GG to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

UNITED STATES ONLY

Unless otherwise specified, the GG Services are presented solely for the purpose of promoting products and services available in the United States. GG makes no representation that the GG Services are appropriate or available for use in other locations. If you access GG Services or the GG Sites from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between you and GG with respect to the GG Services and GG Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

CONTACT INFORMATION

If you have questions or comments about these Terms or the GG Sites or Services or would like to review, update, correct or delete any personally identifiable information you have provided, please write, phone or email us via the contact information below:

The Guilty Grape
P.O. Box
1859 S ashland Ave
Chicago, IL 60616
info@theguiltygrape.com

NOTICE AND CHANGES TO OUR TERMS

The Effective Date of these Terms is set forth at the top of theseTerms. GG reserves the right to modify these Terms at any time, for any reason, without notice to you, other than the posting of the amended Terms, and its effective date, on this page. For this reason, you should regularly review these Terms and note the effective date. Your continued use of the GG Sites after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.