These Margaritaville Wine Club Terms of Service (these “Terms of Service”) apply when you access, use or visit our website located at www.stsomewhere.club (the “Site”), and the services provided through the Site (the Site and these services constituting the “Service”). The Service is provided to you by Margaritaville Wine Club, LLC (referred to in these Terms of Service as “Company,” “we,” “us” or “our”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service.The Site is powered by Penrose Hill. All wine is sold by Penrose Hill.

You may not use the Service if you do not accept these Terms of Service.You acknowledge your acceptance of these Terms of Service by: (a) clicking to accept or agree to these Terms of Service, where this option is made available to you in the user interface for the Service; or (b) by actually using the Service.

Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 10 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 10(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

You must be at least 21 years of age to use the Service. If you are under the age of 21 you are prohibited from using the Service and/or becoming a member of the Margaritavile Wine Club.

  1. Updates to these Terms of Service. We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you are a registered user of the Service, we will notify you of material changes to these Terms of Service by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, you may be required to affirmatively accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

  2. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at www.stsomewhere.club/privacy-policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

  3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation; and (c) you are 21 years of age or older, are located in the United States, and have legal capacity to legally enter into these Terms of Service.

  4. Member Accounts and Registration

    1. Member Registration. You can visit and browse the Site without becoming a registered member of the Service, but you will not be able to make purchases through the Service unless you are a registered member of the Service. In order to become a member of the Service you must (i) be a resident of the United States, (ii) be at least 21 years of age or older, and (iii) not have previously had your membership in the Service suspended or terminated. You can sign up to become a registered member of the Service by completing the registration process at www.stsomewhere.club. If you sign up to become a registered member of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) that you will comply with the rules in Section 6 below.

    2. Member Accounts. You may only create one active member account and you may only have one user I.D. that will be associated with your member account. You will be required to create a user I.D. that will be associated with your member account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a member account, in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password and for all activities that occur under your member account and we will not be liable if someone uses your member account without your permission. If you become aware of any unauthorized use of your password or of your account, you must notify the Company immediately at (855) 333-6082.

  5. Terms of Sale

    1. Online Purchases. If you wish to purchase any product or service made available through the Service (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting your payment information, you authorize the Company’s third party payment processor to facilitate the completion of Transactions initiated by you or on your behalf. In connection with each Transaction, you represent that the products will be used only in a lawful manner. Product availability varies by state because applicable laws do not allow us to ship all products to all states. If the weather is too hot or too cold, we may also suggest delaying your shipment until conditions are more favorable.

    2. Return Policy.In the event that the products you order are damaged or broken at the time of delivery, you may email us at support@stsomewhere.club within thirty (30) days of delivery. We will work with you to resolve the problem to your complete satisfaction, which may include a refund. We want you to be satisfied with your wine purchase. If you are dissatisfied with any product you receive from us, email us at support@stsomewhere.club within 30 days of delivery. We will work with you to resolve the problem to your complete satisfaction.

    3. Sale of Alcoholic Beverages. The Company’s role in the transactions contemplated by these Terms of Service is that of a service provider that enables you, the consumer, to purchase wine and related products from those retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the "Licensed Retailers") and to participate in the Services and/or any other product offers offered as part of the Service. You acknowledge that all orders of wine and related products you place through the use of the Service are processed and fulfilled by these Licensed Retailers, as the actual sellers of wine, and not by the Company. Any wine you purchase through the use of the Service from the Licensed Retailers must be for personal consumption only and not for resale.

  6. Prohibited Activities. You agree that you in connection with your use of the Service, you will not:

         (i) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;

         (ii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including, without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

         (iii) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

         (iv) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;

         (v) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 7) or enforce limitations on use of the Service or the Materials on the Service; or

         (vi) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the

  7. Our Intellectual Property Rights. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We grant you a personal, royalty-free, non-assignable, non-transferable, non-exclusive, limited license to use the Service as provided to you by us and in accordance with these Terms of Service. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

  8. Our Management of the Service; User Misconduct

    1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (iv) screen our users or members, or attempt to verify the statements of our users or members and/or (v) terminate or block your use of the Service for violating these Terms of Service.

    2. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.

  9. Third Party Sites. The Site may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share content or other information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

  10. Legal Disputes and Arbitration Agreement

    Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

    1. Initial Dispute Resolution. We are availableby email at support@stsomewhere.club to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

    2. Agreement to Binding Arbitration.If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 10(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.


      The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration.


      The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.


    3. Class Action and Class Arbitration Waiver.You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

    4. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    5. 30 Day Right to Opt Out.You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(B), 10(C), and 10(D) by sending written notice of your decision to opt-out to the following email: support@stsomewhere.club. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

    6. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 10(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Orange County, Florida and the United States District Court for the Middle District of Florida, Orlando Division (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in in Orange County, Florida for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

    7. Applicable Law.You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.

  11. Warranty Disclaimer; Limitation on Liability

    1. Disclaimer of Warranties

      (i) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

      (ii) TO THE EXTENT PERMITTED BY APPLICABLE LAW,WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

    2. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

  12. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Section 11 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

  13. Notice to California Users. Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to support@stsomewhere.club or calling us at 855-333-6082. Users may also contact us by writing to 712 5th Ave. Floor 14 | New York, NY 10019. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  14. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold harmless, the Company, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against the Company arising out of your use of the Service. You will not be required to indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, or expenses resulting from the Company’s own negligent conduct.

  15. Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

  16. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

  17. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

  18. Assignment. We may assign our rights under these Terms of Service without your approval.

  19. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

  20. 20. Contact Information. If you have any questions about these Terms of Service or your account, please contact us at (855) 333-6082.