Iola Wines LLC
Terms and Conditions
These terms and conditions (“Terms and Conditions”) are between you and Iola Wines LLC (“Iola Wines,” “we,” “our,” or “us”). The Terms and Conditions govern your access to and use of the Iola Wines website at www.iolawines.com and any goods and services offered on or through the website (the “Site”).
By using the Site, you agree to be bound by these Terms and Conditions. Iola Wines may terminate your ability to use the Site without notice if you do not comply with the Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Site.
Iola Wines reserves the right to make changes to the Site and to the Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms and Conditions means that you accept and agree to the changes.
All Information (as defined in our Privacy Notice) that Iola Wines collects on this Site is subject to our Privacy Notice posted at the Site here. By using the Site, you consent to all actions we take regarding your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms and Conditions. To the extent there is a conflict, the Terms and Conditions supersede the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Iola Wines’ knowledge.
- Prohibited Users
By using this Site, you represent that you are located in the United States and are at least 21 years of age. All other prospective users are prohibited. You represent that you have the legal authority and legal right to use the Site and conduct transactions as described in these Terms and Conditions.
Products purchased at Iola Wines are for personal use only. By placing an order, you certify that you are purchasing products for personal use only and not for resale of any kind. We reserve the right to refuse orders for any reason and without explanation.
Iola Wines may restrict access to any user whom Iola Wines believes is not of legal age, because the user has violated the Site’s Terms and Conditions, or at its own discretion for no reason at all.
- Purchases and Subscriptions
The price for all products is listed on the Site. Availability is subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering. Iola Wines reserves the right to charge service fees or additional fees.
Some state laws may regulate product availability, set product purchase limitations, or otherwise restrict purchases and shipping, which could affect our ability to fulfill order requests. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order.
Billing for wine subscriptions takes place at the time of purchase for the first delivery and then on the first day of each month for each scheduled delivery for the duration of the subscription. Additional details about subscriptions including the frequency and content of shipments is found on the subscription page of this Site. We will update the subscription page if there are changes to our subscriptions, which may affect shipment contents and frequency.
- Order Confirmation and Delivery
Your receipt of an order confirmation (in electronic or any other form) does not signify our acceptance of your order, nor does it constitute an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason. We reserve the right to deny any purchase we determine as a high risk of fraud, including but not limited to any orders made by or through the use of any robot or other automatic device or software.
By placing an order on the Site, you represent to us that you are 21 years of age or older and are in the United States. A signature by an adult at least 21 years of age is required on delivery of all shipments. You agree and consent to our age verification process, including proof of age at delivery.
Due to weather conditions or other factors, it may not be possible for us to deliver certain subscription or individual order wine shipments. For example, we may not be able to ship during some summer months when wine quality may be affected by exposure to high temperatures for a prolonged period. We are not responsible for delays or cancellation of shipments for any reason.
- Returns and Refunds
By law, we are unable to offer returns. In the rare case where products arrive broken, corked, or otherwise damaged, please contact Hello@iolawines.com within ten (10) days of delivery to report the damaged products, and after confirmation we will happily issue a refund.
- Account and Subscription Registration
To access portions of the Site, place orders, and to register as a member for subscriptions, you will be asked to provide Information about yourself. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. Iola Wines can terminate your registration at any time for any reason.
Details about what is included in wine subscriptions are on the Site. Your Iola Wines’ subscription may be canceled anytime by accessing your account on the Site or by contacting us at Hello@iolawines.com.
- Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password for account access (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Iola Wines immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Iola Wines reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, Iola Wines’ opinion, you have violated any provision of these Terms and Conditions.
- Intellectual Property
The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Iola Wines or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.
The Iola Wines name and related logos are trademarks and service marks (“Marks”) of Iola Wines. Marks may not be used without advance written permission of Iola Wines, including in connection with any product or service that is not provided by Iola Wines, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Iola Wines. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Iola Wines as described in Section 21.
- Limited License
Iola Wines grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource while using the Site and to engage in transactions on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Iola Wines is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will not:
- Use the Site in any way that violates any applicable law or regulation.
- Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Iola Wines, an Iola Wines employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Iola Wines, may harm Iola Wines or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Iola Wines’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Make a purchase or attempt to make a purchase using any robot, spider, or other automatic device, software, process, or application.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
For more information, please see our Privacy Notice.
- Third-Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Iola Wines. Iola Wines is not responsible for the content or accuracy of any materials provided by any third parties.
- Links to Other Web Sites
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE IOLA WINES ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS. IOLA WINES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED OR REGARDING THE PRODUCTS SOLD ON THE SITE. IOLA WINES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE FOREGOING DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY LAW.
YOU UNDERSTAND THAT IOLA WINES CANNOT GUARANTEE THE ACCURACY OR AVAILABILITY OF PRODUCTS OR PRODUCT DESCRIPTIONS ON THE SITE (I.E., PRICING, PRODUCT IMAGES, AND INDICATIONS OF AVAILABILITY) AS AVAILABILITY AND PRICE MAY VARY AND THE PARTICULAR TECHNICAL SPECIFICATIONS AND SETTINGS OF YOUR COMPUTER AND ITS DISPLAY COULD AFFECT THE DISPLAY OF PRODUCT COLORS.
- Limitation of Liability
IOLA WINES, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, OR ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL). YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO STOP USING THE SITE. IOLA WINES WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
IOLA WINES’ MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, SERVICES, OR SITE CONTENT, WILL NOT EXCEED $100. the limits in this section apply to the extent permitted by law.
You agree to defend, indemnify, and hold harmless Iola Wines, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your content, any use of the Site Content, services, and products other than as expressly authorized in these Terms and Conditions.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SITE, OR THE PRODUCTS SOLD ON THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Injunctive Relief
You agree that a breach of these Terms and Conditions will cause irreparable injury to Iola Wines for which monetary damages would not be an adequate remedy and Iola Wines shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
- Waiver and Severability
No waiver by Iola Wines of a term or condition set forth in these Terms and Conditions shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Iola Wines to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal 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 the Terms and Conditions will continue in full force and effect.
- Entire Agreement
The Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and Iola Wines with respect to the Site and products sold on it and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
- Term and Termination
These Terms and Conditions will remain in full force and effect while you use the Site and until terminated by Iola Wines. After termination, the provisions of these Terms and Conditions that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 8, 12–21 and the Privacy Notice.
You agree that Iola Wines, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
- Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Oregon will govern these Terms and Conditions and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms and Conditions shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Multnomah County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Communications and Contact Information
Iola Wines may contact you regarding these Terms and Conditions or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Iola Wines, you can click on the “unsubscribe link” provided in such communications or contact us at Hello@iolawines.com.
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms and Conditions, and the Privacy Notice, please contact us at Hello@iolawines.com or by mail at:
1902 E Blaine St. Seattle, WA 98112
Attention – Customer Service
EFFECTIVE DATE: October 11, 2022