At Humanity Wine Co. also referred to HWC or Humanity, we endeavor to provide an exceptional experience and product for our members and the beneficiaries of our 50% of profits, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Humanity Wine Co., its affiliates, and its and their parent and subsidiary companies (collectively, “Humanity,” “we,” or “us”) with respect to your use of this website and any other Humanity owned websites, micro-sites, and social media pages and accounts (collectively, “Humanity Sites”), all Humanity-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Humanity Sites and the Applications, the “Services”), including any Content (as defined below).
If you do not agree to these Terms, please do not use or access the Humanity Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Humanity Services, specific areas of certain Humanity Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Humanity Sites or Applications 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 Humanity Sites or Applications will be controlling with respect to those particular areas. Humanity reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Humanity Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Humanity Sites, Applications or any other website in regards to Humanity, or while contacting any of our Member Services team, will not be tolerated.
You must be at least 21 years of age to use Humanity sites and purchase alcohol through Humanity Services. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by a licensed winery who receives all orders.
Your use of the Humanity Sites, Applications and Services is subject to our Privacy Notice located at Humanity.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Humanity.
Registration. If you wish to utilize Humanity Services, you agree to complete the initial registration process according to the requirements stated on the applicable Humanity 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. When making a purchase on or through Humanity Services, you 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 Humanity that your use of a payment card in connection with any purchase you make on or through Humanity 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 Services. For your protection, you must keep your user name and password secret. You must immediately notify Humanity 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.
Member 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.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Humanity to charge such an amount to your payment card at that time.
All alcohol listings are intended for individuals who are 21 years of age or older. Humanity reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
Humanity Family Wine Club SUBSCRIPTION MEMBER
Humanity Subscription Membership Program. To become a Humanity Subscription Member, click on the Get Started button. By becoming a Humanity Subscription Member and placing an order, you agree to receive a shipment of at least four (4) bottles of premium wine, recommended by Humanity based on your palate profile, once a month until you cancel your subscription. You may suspend or cancel your subscription any time (see “Humanity Membership”). Premium bottles are any wines listed on a Humanity website with a price point greater than $12.99 per bottle. A four bottle order cost potentially ranges from $60-$160 Shipping is included. Taxes may apply based on the shipping address. By becoming a Humanity Subscription Member and providing your membership and credit card information, you authorize Humanity to charge your credit card (including shipping and any applicable tax) for each monthly Humanity Subscription Member wine 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 membership.
Humanity À LA CARTE ORDERS
À La Carte Orders. You may order wine from Humanity on an à la carte basis by providing the requested information and submitting your order to Humanity through the Humanity à la carte (SHOP) page. A shipping charge of $21 may apply based on the size of your order. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize Humanity to charge your credit card (including shipping and any applicable tax) for your à la carte wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, or to cancel your order.
Humanity FAMILY MEMBER BENEFITS
Humanity offers members the opportunity to participate in its membership rewards program (the "Humanity Family Member Benefits"). To become a Humanity Family Member Benefits member, simply purchase any Humanity item on this Site or through an applicable Humanity Service, opt-in to Humanity Family Member Benefits and you will be automatically enrolled (including the annual, automatic charge feature). Upon enrollment in the Humanity Family Member Benefits, you will receive new recommendations of wine every month. You will also receive emails, newsletters, special offers, meet winemakers virtually and even in person and other updates to maximize your experience. As a valued Humanity Family Member, you will enjoy exclusive Humanity Family Member Benefits, member-only pricing and dedicated promotions. By enrolling in Humanity Membership Benefits, you agree to allow Humanity to charge an annual membership fee each year on the date you enrolled (“Experience Date”) until you cancel. If you do not make a purchase and do not 'Skip the Month' at least three (3) days before your Experience Date, your credit card will be charged an automatic yearly membership fee of $100.00 redeemable for member credits.
Humanity's COMMITMENT TO QUALITY
If you are dissatisfied with your Humanity purchase for any reason, please contact Humanity Member Services at firstname.lastname@example.org between 6:00 a.m. and 5:00 p.m. Mountain Daylight Time, Monday through Friday or and between 9:00 a.m. and 3:00 p.m. Mountain Daylight Time, Saturday so we can resolve your concerns. We are closed on Sunday. 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 Humanity. Subject to the conditions set forth here, Humanity 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. Humanity Gifts are nonrefundable.
Limitations. Member Credits may only be used on Humanity Sites and Applications, toward the purchase of eligible products. Existing Member Credits cannot be used towards the purchase of additional Member Credits. Member Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Void where prohibited by law.
RISK OF LOSS
All items purchased from Humanity 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.
RESTOCKING AND RESHIPMENT FEES
Orders returned to Humanity may be subject to a reasonable restocking fee. Humanity reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
DISCLAIMER OF WARRANTIES
THE Humanity SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE Humanity SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND Humanity 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 Humanity NOR ANY PERSON ASSOCIATED WITH Humanity MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Humanity SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER Humanity NOR ANYONE ASSOCIATED WITH Humanity REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Humanity SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Humanity, ITS LICENSORS OR CONTENT 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 SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, 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 Humanity SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY,
You agree to defend, indemnify and hold harmless Humanity and its officers, directors, 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 Humanity Sites, Applications or Services.
The trademarks and service marks displayed on the Humanity Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Humanity and its licensors. For a list of Humanity trademarks and service marks please contact Member Services at Service@Humanitywineco.com. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Humanity Sites, Applications and Services are trademarks, service marks or trade dress of Humanity in the U.S. and other countries. Humanity’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Humanity, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Humanity. All other trademarks not owned by Humanity that appear in any Humanity Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Humanity.
All content included on or made available through any Humanity Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Humanity 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 Humanity Sites, Applications and Services is the exclusive property of Humanity and protected by U.S. and international copyright laws.
SUBMITTED MATERIALS AND IDEAS
While we appreciate your interest in Humanity and our business, Humanity 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 Humanity 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 Humanity Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
LINKS TO THIRD-PARTY WEBSITES
Humanity Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Humanity 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 Humanity Sites or Applications, 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.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND Humanity MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
AGREEMENT TO ARBITRATE
You and Humanity agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Humanity Terms, your use of Humanity Sites, Applications or Services, or to any products sold or distributed by Humanity or through Humanity Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Humanity may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Humanity subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Humanity members, but is bound by rulings in prior arbitrations involving the same Humanity member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Humanity agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Humanity agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Humanity members.
If for any reason a claim proceeds in court rather than in arbitration both you and Humanity each waive any right to a jury trial. You and Humanity also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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 Humanity Sites, Applications or Services, or any products sold or distributed by Humanity or through Humanity Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
Unless you and Humanity agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Humanity Sites, Applications or Services, or any products sold or distributed by Humanity or through Humanity Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Tampa, Florida. 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 Humanity shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Humanity 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 Humanity Services are presented solely for the purpose of promoting products and services available in the United States. Humanity makes no representation that the Humanity Services are appropriate or available for use in other locations. If you access Humanity Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Humanity with respect to the Humanity Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Humanity reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Humanity Referral Program, at any time. If Humanity makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at service@Humanitywineco.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at (403) 795 - 1199 or via email available at Service@humanitywineco.com between 9:00 a.m. and 5:00 p.m. Mountain Daylight Time, Monday through Friday or and between 9:00 a.m. and 3:00 p.m. Mountain Daylight Time, on Saturday. We are closed on Sundays. If you choose to continue using the Humanity Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
The date these Terms were last updated is set forth at the top of this page.
If you have questions or comments about these Terms or the Humanity Sites, Applications or Services, please write, phone or email us via the contact information below:
Humanity Wine Co.
690 Main Street #72
Safety Harbor, FL 34695
403 - 795 - 1199
Email Us Service@HumanityWineCo.com
©2020 Humanity. All Rights Reserved.