Please read the following carefully.
By clicking on the Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.
If you have any questions with respect to these Terms, please ask a staff member or contact our Member Services at (440) 543-7777. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Tap Root Hospitality Group Wine Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Tap Root Hospitality Group as in accordance with these Terms. Tap Root Hospitality Group’s Terms of Use governing your access and use of Tap Root Hospitality Group’s websites, mobile applications, and other products and services are also incorporated into these Terms. However, in the event of a conflict between the Terms of Use and these Terms, these Terms will prevail.
Membership Benefits: Accounts: Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive the winemaker’s selected monthly wines (or such other designated wines as applicable to the particular membership of the member) and additional Club member benefits as provided from time to time by Tap Root Hospitality Group. The member benefits are presented in more detail on the Wine Club Benefits page available under the Wine Club tab at Tap Root Hospitality Group’s website located at https://www.taproothospitality.com/tap-root-wine-club/ (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on geographic location, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your redemption email with every transaction in order to assure accurate tracking of your membership benefits. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by Tap Root Hospitality Group in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. You should immediately alert the issuer of the form of payment to which your Club membership is linked in the event that the form of payment changes. . In the event of any issues or discrepancies regarding membership benefits, Member Services must be notified within 90 days of your original transaction by calling (440) 543-7777.
Monthly Wine Availability: All Club members acknowledge that the winemaker’s selected monthly wines provided to Club members are limited in quantities and may not always be available at the time of your pick-up or delivery, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, Tap Root Hospitality Group, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund. In addition, certain Club members may select and receive available alternative wine varieties different from the winemaker’s monthly selected wine based on Club membership as set forth in more detail on the Wine Club Frequently Asked Questions page available under the Wine Club tab on the Website.
Fees: All fees for Club memberships and associated charges, such as shipping charges and other related charges, are automatically billed to your credit card. If your membership includes shipment of your wine, the wine is shipped and the charges are made on a monthly basis. If your membership is a monthly membership with in-store pickup, fees are charged on the fourth Tuesday of the month preceding the month when the wine is available for pickup. If you have purchased a gift membership, the fees for the entire period of the gift membership are charged up-front. Updating or removing secondary members may require that a new member account number and new member cards be issued. All fees charged, including for gift memberships, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly (if picked up in store) or quarterly (if shipped) wine(s) until the next month or quarter (as applicable) after registration.
Membership Term, Changes and Renewal: The initial term of all memberships is a minimum of three [3] months. Thereafter, all memberships, except for gift memberships which last for the specified term of the gift membership purchased, are on a month to month basis, and your membership automatically renews each month on the fourth Tuesday of the month preceding the month when the wine is available for pickup (“charge out date”). Termination of your membership within the initial three months will result in the difference between the full retail price of all wines received less the amount paid by the Member, being charged to the Member’s credit card. If you wish to cancel your membership, you must let us know in writing at least three (3) days before the charge out date of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership, including any quarterly fees, are non-refundable. In addition, it is your responsibility to inform Tap Root Hospitality Group of any changes to your membership record and information. Changes to your membership account and information, other than cancellations, may be submitted online through the Member Information page available under the Wine Club tab on the Website, in person at one of our stores or by calling Member Services at (440) 543-7777. All cancellations must be in writing by United States mail or email at info@taproothospitality.com All changes, including cancellations, must be received at least three (3) days prior to any charge or shipment in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge or shipment, as specified above.
Limitations: Legal Compliance: Member discounts and benefits are not valid with other special offers or discounts offered by our stores. Member benefits are non-transferable. All goods, services and benefits provided by Tap Root Hospitality Group, including wines, are only provided and/or shipped to such states in which Tap Root Hospitality Group is licensed to provide such goods, services and benefits. Tap Root Hospitality Group is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where Tap Root Hospitality Group is not appropriately licensed, Tap Root Hospitality Group can refuse such shipment. Wines will be provided or delivered only to persons who are at least 21 years old. In joining the Club, you represent to Tap Root Hospitality Group that you are at least 21 years old and the person to whom delivery of any wine will be made. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Tap Root Hospitality Group has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
Damage During Shipment: If you have selected the option of shipment of your wine to you, the wine will be sent quarterly, and there is no available return or exchange for shipped wines except as set forth in this paragraph. Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of Tap Root Hospitality Group may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and Tap Root Hospitality Group may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. Tap Root Hospitality Group will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.
Unavoidable Delay: In the event of any circumstances outside of the control of Tap Root Hospitality Group and which prevent, hinder or delay Tap Root Hospitality Group from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Tap Root Hospitality Group’s obligations will be suspended for the term of such event or Tap Root Hospitality Group may elect to cancel the Club or Club membership for the affected members.
Changes in Shipping; Changes in Law: Shipping costs will vary by state and location and may be changed by Tap Root Hospitality Group from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, we will offer you the option to change your membership to an in-store pick up membership and you can pick up your wines at one of our stores. If that is not agreeable, you may cancel your membership in accordance with Section 4, above, and you may receive a refund of any membership fees paid for wine that we are not able to ship to you based on such a change in laws. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations, and retail wine prices and discounts will differ and vary from those related to wines provided by way of Club membership. Sales tax may also vary and Tap Root Hospitality Group collects sales tax as required by various local and state taxing authorities. For sales tax purposes, the value for each bottle of wine provided by way of Club membership is $25.00, and membership fees and other membership benefits and imputed sales tax comprise the balance of the fees collected.
Disclaimer: YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY Tap Root Hospitality Group AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Tap Root Hospitality Group AND ANY OF ITS EMPLOYEES, AGENTS, OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Tap Root Hospitality Group OR ANY OF ITS EMPLOYEES, AGENTS OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Tap Root Hospitality Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Tap Root Hospitality Group FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR PRODUCT AND CLUB MEMBERSHIP DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT Tap Root Hospitality Group WOULD NOT PROVIDE MEMBERSHIP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
By joining the Club, you agree to defend, indemnify, and hold harmless Tap Root Hospitality Group and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, demands, actions, suits, or other proceeding brought by a third party, and associated losses, liability, penalties, damages, costs and expenses that arise out of or relate to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership
Personal Information: Tap Root Hospitality Group requires certain personal information from you to verify and administer your Club membership, which is governed by our Privacy Policy. For more information about how we collect, use and share personal information, please review the terms of our Privacy Policy. You authorize Tap Root Hospitality Group to send you marketing communications and special offers as part of your membership benefits. To change your Marketing Preferences, please visit the Member Information page available under the Wine Club tab on the Website. If you are concerned about the information you have provided to Tap Root Hospitality Group, or have any questions regarding the retention of that information, please visit the Member Information page available under the Wine Club tab on the Website or contact Member Services at (440) 543-7777. Tap Root Hospitality Group will make reasonable efforts to resolve any concerns.
Governing Law; Venue: These Terms are governed by the substantive laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Cuyahoga, Ohio with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Miscellaneous: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Tap Root Hospitality Group with respect to your membership in the Club and the goods, services and benefits provided by Tap Root Hospitality Group and related to the Club.
Change in Terms: These Terms shall remain in full force and effect while you are a member of the Club, and only Tap Root Hospitality Group may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Tap Root Hospitality Group may make any such changes at any time, with or without notice, even though such changes may affect the value of frequent diner points already accumulated, the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Tap Root Hospitality Group had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club Benefits tab on the Website.
