Seaside Wine Club and our Policies
1) Please note: Seaside Wine Club ships our wines in insulated boxes, however, if the
weather is too hot or too cold, we would suggest delaying your shipment until conditions are
more favorable. Seaside Wine Club and any of its Affiliates are not responsible for damage of
any products due to weather.
2) The Seaside Wine Club website is owned by JMNBM Corporation (the Company). Your use
of this website and our services (hereafter referred to as the “Services”) is subject to the terms
of this legal agreement between you and the Company.
3) By using this website you agree with all the terms and conditions (collectively the “Terms”)
set forth in this document.
4) Your agreement with the Company will also include the terms of any Legal Notices
applicable to the Services. Where Added Terms apply to a Service these will be accessible for
you to read either within, or through your use of, that Service as posted on the website from
time to time.
5) This legal agreement is referred to as the “Contract”. The Terms, together with the Added
Terms, form a legally binding agreement between you and the Company in relation to your use
of the Services. It is important that you take the time to read this Contract carefully.
6) If there is any contradiction between the Terms and / or the Added Terms, Added Terms
shall take precedence in relation to that Service.
7) The Company gives you a personal, royalty-free, non-assignable and non-exclusive license to
use the Services as provided for the sole purpose of enabling you to use and enjoy the benefit
of the Services as permitted by the Terms of the Contract.
Accepting the Contract Terms
1) In order to use the Services, you must first agree to the Contract by either clicking accept
and agree or by actually using the Services. You may not use the Services if you do not accept
the Contract in full. The Company will treat your use of the Services as acceptance of the
Contract from that point forward.
2) You may not use the Services and may not accept the terms of the Contract if you are not at
least 21 years of age, or if you are a person barred from receiving the Services under federal,
state or local laws of the jurisdiction in which you are a resident or from which you use the
3) Our Products MUST be signed for in person and can only be delivered to someone 21 years
of age or older. The products can not be accepted by anyone under the age of 21. We will
make 3 attempts to deliver your order, after which the Products will be returned and a
restocking fee will be applied.
4) Before you continue, you should print off or save a copy of this Contract for your records.
1) In the event that you should have a broken bottle or damaged delivery issue, just email us
at email@example.com within 30 days of delivery. We will work with you to resolve the
problem to your complete satisfaction, which may include a credit or refund.
2) If your delivery is refused or returned to us, a non-refundable $25 restocking fee will be
charged to your credit card.
Code of Conduct
1) We reserve the right to cancel and/or terminate any member’s account for any violation of
the Terms & Conditions listed throughout the site. Any fraudulent behavior, creating of multiple
accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive
language, either on the Company’s or any other website in regards to the Company or while
contacting any of our Support Team, will not be tolerated.
Transaction Policy and Rules
1) If you wish to purchase any product or service made available through the Services (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 such information, you grant to the
Company the right to provide such information to third parties for purposes of facilitating 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. Resale is
prohibited. Product availability varies. Current law does not allow us to ship all products to all
Company Services and its Affiliates
1) The Company has affiliated legal entities (“Affiliates”). Sometimes these Affiliates will
provide the Services to you on behalf of the Company. You acknowledge and agree that
Affiliates will be entitled to provide these Services to you as required.
2) You acknowledge and agree that the Company may change or stop (permanently or
temporarily) providing the Services (or any features within the Services) to you or any other
users at the sole discretion of the Company, without prior notice to you. You may stop using
the Services at any time. You do not need to specifically inform the Company when you stop
using the Services.
3) You acknowledge and agree that if the Company disables access to your account, you may
be prevented from accessing the Services, your account details or any other content which is
contained in your account.
Privacy and your Personal Information
1) You agree to the use of your data in accordance with the Company’s privacy policies. For
the website. This policy explains how the Company treats your personal information, and
protects your privacy when you use the Services.
1) You understand that all information (such as data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images) which you may have
access to as part of, or through your use of, the Services are the sole responsibility of the
person from which such content originated. All such information is referred to below as the
“Content.” This content may be protected by intellectual property rights which are owned by
the Company or third parties who provide that Content (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works
based on this Content (either in whole or in part) unless you have a separate written agreement
from the owners of that Content.
Content License from You
1) By submitting, posting or displaying any content on or through the Services and website, you
give the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license
to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute
any content which you submit, post or display on or through, the Services and website. The
Company reserves the right at any time to remove any content generated, submitted, posted or
displayed by you on or through the Services or website.
2) You confirm and warrant to the Company that you have all the rights, power and authority
necessary to grant the above license.
Copyright and Proprietary Trademark Policies
1) You acknowledge and agree that the Company and its Licensors or Affiliates own all legal
right, title and interest in and to the Services, including any intellectual property rights which
subsist in the Services whether those rights happen to be registered or not, and wherever in the
world those rights may exist.
2) Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives
you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain
names, and other distinctive brand features for any reason.
3) The Company may grant the right to use any of these brand features in a separate written
agreement at its sole discretion. Use of any of these features will be governed and shall be in
compliance with that agreement and any applicable provisions of the Contract as updated from
time to time.
4) It is the Company’s policy to respond to notices of alleged copyright infringement that
comply with applicable international intellectual property law (including, in the United States,
the Digital Millennium Copyright Act) and to terminate the accounts at our sole discretion.
Terminating Your Relationship with the Company
1) The Terms will continue to apply until terminated by either you or the Company as set out
2) If you wish to terminate your legal agreement with the Company, you may do so by:
(A) Notifying the Company at any time in writing.
(B) Closing your account for all of the Services, where this option is made available to
3) The Company may at any time terminate its legal agreement with you for any reason,
including without limitation, if:
(A) You have breached any provision of the Contract.
(B) You have acted in manner which clearly shows that you do not intend to, or are
unable to comply with the provisions of the Contract terms.
(C) The Company is required to do so by law (for example, where the provision of the
Services to you is, or becomes, unlawful).
(D) Any Affiliate with whom the Company offered the Services to you has terminated its
relationship with the Company or ceased to offer the Services to you.
(E) The Company is changing to no longer providing the Services to users in the
jurisdiction in which you are a resident or from which you use the Service.
(F) The provision of the Services provide to you is, in the Company’s sole opinion, no
longer commercially viable.
4) Nothing in this Section shall affect the Company’s rights regarding providing of Services
under these Terms. When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and the Company have benefited from, been subject to (or which have
accrued over time while the Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of the General Legal
Terminology below continue to apply to such rights, obligations and liabilities indefinitely.
1) Some of the Services are supported by advertising revenue. These advertisements may be
targeted using the content of information stored with the Company and subject to change
2) In consideration for the Company granting you access to and use of the Services, you agree
the Company may use such advertising on the Services.
Affiliates and Third Party Content
1) The Services may include hyperlinks to other websites, content or resources. The Company
may have no control over any websites or resources which are provided by companies or
persons other than the Company.
2) You acknowledge and agree the Company is not responsible for the availability or services of
any such external sites or resources, and does not endorse any advertising, products or other
materials on or available from such websites or resources.
3) You acknowledge and agree that the Company is not liable for any loss or damage which
may be incurred by you as a result of the availability of those external sites or resources, or as a
result of any reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such websites or resources.
Changes to this Contract
1) The Company may make changes to the Contract from time to time. When these changes
are made, the Company will make a new copy of the Contract Terms available to you on our
2) You understand and agree that if you use the Services after the date on which the Contract
Terms have changed, the Company will treat your use as acceptance of the updated
General Legal Terminology
1) Sometimes when you use the Services, you may (as a result of, or through your use of the
Services) use a service or download a piece of software, or purchase goods, which are provided
by another person or company. Your use of these other services, software or goods may be
subject to separate terms between you and that company or person concerned. This contract
does not affect your legal relationship with these other companies or individuals.
2) The Contract constitutes the whole legal agreement between you and The Company and
govern your use of the Services (but excluding any services which the Company may provide to
you under a separate written agreement), and completely replace any prior agreements
between you and the Company in relation to the Services.
3) You agree the Company may provide you with notices, including those regarding changes to
the Contract terms, by email, regular mail, or postings on the website at the Company’s sole
4) You agree that if the Company does not exercise or enforce any legal right or remedy which
is contained in the Contract terms (or which the Company has the benefit of under any
applicable law), this will not be taken to be a formal waiver of the Company’s rights and that
those rights or remedies will still be available to the Company.
5) If any court of law, having the jurisdiction to decide on this matter, rules that any provision
of these Contractual terms are invalid, then that provision will be removed without affecting
the rest of the Contract. The remaining provisions of the Contract and Terms will continue to be
valid and enforceable.
6) You acknowledge and agree that each member of the group of companies of which the
Company is the parent shall be third party beneficiaries to the Contract terms and that such
other companies shall be entitled to directly enforce, and rely upon, any provision of this
Contract which confers a benefit on or rights in favor of them. Other than this, no other person
or company shall be third party beneficiaries to the Contract.
7) The Contractual Terms, and your relationship with the Company under the Contract, shall be
governed by the laws of the State of California without regard to its conflict of law’s provisions.
Any controversy or claim arising out of or relating to these Terms, the Services or the
relationship between you and us shall be settled by binding arbitration administered by the
American Arbitration Association using their Commercial Dispute Resolution Procedures and
judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Such arbitration shall be specific to you, and as such, you agree that you
shall not bring or participate in any action against the Company as part of a class action either
in arbitration or in any court. In the event the foregoing is held to be unenforceable by any
court, you and the Company mutually agree to submit to the exclusive jurisdiction of the courts
located within the State of California to resolve any legal matter arising from the Contract.
Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
LIMITATION OF LIABILITY
1) SUBJECT TO THE OVERALL PROVISION IN THE EXCLUSION OF WARRANTIES BELOW, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY THROUGH USE OF THE PRODUCTS OR SERVICES.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS
ON THE SERVICES.
(II) ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR
ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES OR ANY FEATURES WITHIN THE SERVICES.
(III) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT
(IV) YOUR FAILURE TO KEEP YOUR PERSONAL OR ACCOUNT DETAILS SECURE
2) THE LIMITATIONS ON THE COMPANY’S LIABILITY SHALL APPLY WHETHER OR NOT THE
COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
EXCLUSION OF WARRANTIES
1) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE
LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED
BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
2) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND
PRODUCTS IS AT YOUR SOLE RISK AND THAT THE SERVICE AND PRODUCTS ARE PROVIDED "AS
IS" AND “AS AVAILABLE.”
3) THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT ANY GUARNTEE TO YOU THAT:
(A) YOUR USE OF THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS.
(B) YOUR USE OF THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR.
4) ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES ARE OBTAINED AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
5) NOTWITHSTANDING THE COMPANY’S MAKING ANY THIRD PARTY PRODUCTS AVAILABLE ON
ITS WEBSITE THROUGH THE SERVICES, THE COMPANY SHALL HAVE NO RESPONSIBILITY OR
LIABILITY TO YOU FOR SUCH THIRD PARTY SERVICES OR PRODUCTS AND ANY CLAIMS OR
DISPUTES BY YOU REGARDING THESE SERVICES OR PRODUCTS SHALL BE BROUGHT DIRECTLY
TO AND SHALL BE THE RESPONSIBILITY OF, THAT THIRD PARTY VENDOR.
6) THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE