Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. They govern the access to and use of https://www.ignitewines.com (the “Website”) and Ignite Wines Property (“IW Property”) by Users (“Users,” “Client,” “you,” and/or “your”). By using this website, you accept the terms and conditions set forth in this Agreement. If you do not accept and agree to these Terms of Use (“Terms,” “Contract,” and/or “Agreement”) or you fail to comply with their provisions, you must not use the Website and IW Property. By using the Website and IW Property, it means that you have accepted all of the Terms set forth herein, as well as our Privacy Policy (which is incorporated herein) and that you agree to be bound by and to comply with their provisions. Please read these Terms carefully, as well as the provisions set forth in the Privacy Policy. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND IW PROPERTY.

1. OVERVIEW
Ignite Wines LLC (“Ignite Wines,” “we,” “our,” and/or “us”) may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on all Users of the Website and IW Property. The term “User” includes all individuals or entities that access the Website and IW Property for any reason and in any manner. The term “You” means the person (or the entity on behalf of whom you are acting) that accesses and/or utilizes the Website and IW Property, thereby agreeing to these Terms of Use.

2. DESCRIPTION OF IW PROPERTY
2.1 IW Property is described as any and all property, content, services, software, websites, platforms, interfaces, tools, products, data, applications, metadata, images, sound, photographs, graphics, video, streams, advertisements, messages, products, materials, designs, telecommunication services, or technology owned by Ignite Wines and made available to you directly or indirectly by Ignite Wines or its affiliates, licensees, partners, parents, subsidiaries and entrusted third-party vendors.
2.2 Subject to these Terms, Ignite Wines hereby grants you a non-exclusive, non-transferable, revocable right for personal use of IW Property as intended and permitted by Ignite Wines. No other use is permitted without the prior written permission of Ignite Wines. Ignite Wines and its affiliates, licensees, subsidiaries, parents and partners shall exclusively own and hold all right, title and interest in and to IW Property including, without limitation, any and all intellectual property. You receive no ownership rights or other rights in IW Property, other than rights to the use of IW Property permitted in these Terms, and shall not directly or indirectly contest Ignite Wines’ ownership of IW Property. You may not reproduce, publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Ignite Wines content so provided.

3. YOUR ACCESS, USE, AND OBLIGATIONS
3.1 Personal Use: As a User of the Website and IW Property, your access to and the use of the Website and IW Property is to inquire about Ignite Wines services, products, or information described on this Website and IW Property. You may not reproduce, publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Ignite Wines content so provided.
3.2 You agree that you will not use this Website and IW Property to: (a) transmit spam, bulk or unsolicited communications; (b) use a false identity or use someone else's identity; (c) misrepresent your affiliation with a person or entity; (d) engage in or encourage conduct that violates any applicable local, state, federal, or international law; (e) transmit software viruses or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) stalk, threaten or harass (g) evade, disable or otherwise interfere with security features and functions of the Website and IW Property.
3.3 If at any time in the future, the Website or any other associated IW Property decides to create and administer interactive user/membership accounts requiring log-in information, you agree to: (a) provide, accurate, current, and complete information on any registration form(s); (b) not to register more than one Ignite Wine User account on behalf of an individual or entity other than yourself; and (c) maintain the security of your password and identification. You agree that you are responsible for all activities and conduct that occurs with the use of your account password and user name. You acknowledge, understand, and agree that you are solely, entirely and exclusively responsible for all user information and content that is uploaded, displayed on, posted, emailed or transmitted through your account with the use of your password and user name, and any consequences thereof. If Ignite Wine user/membership accounts permit and authorize communication (such as message posting capabilities) with other users and members, Ignite Wine reserves the right to edit or remove any information or content that violates any terms herein or that contains third-party commercial advertisements. Ignite Wines reserves the right to suspend or terminate at its sole discretion any user/membership account for violations of any terms herein. This Website’s privacy policy, as well as paragraphs 3.1 and 3.2 of the terms contained herein, are applicable under paragraph 3.3.

4. SERVICE
Ignite Wines offers a wine concierge service, and is neither a commercial purchaser nor seller of any alcoholic beverages of any kind. Ignite Wines assists Clients with wine selection based on Clients’ express needs, requirements, and preferences. Client acknowledges and agrees that as part of Ignite Wines’ wine concierge service, Ignite Wines will purchase wine selections on behalf of Client pursuant to Client’s express request and deliver and/or ship such wine selections to Client. You understand, acknowledge, and agree that Ignite Wines is not in any way or manner a supplier, seller, wholesaler, reseller, or distributor of wine and all other alcoholic beverages. Client also acknowledges and understands that they will enter into a Member Agreement with Ignite Wines as part of Ignite Wines’ wine concierge service separate from these Terms.
4.1 Product Availability. We cannot guarantee all wine selections will be available or obtainable from wine sellers and retailers, therefore we cannot guarantee or make assurances all Client requested purchases can be made on behalf of the Client. We will work with Client to find desirable and suitable alternatives. We reserve the right to change wine selections, which will be closely based on Client’s needs, requirements, and preferences.
4.2 Title And Ownership of Product. Title to, and ownership of, all wine and alcoholic beverages acquired by Ignite Wines on behalf of Client passes to Client upon purchase from wine sellers and retailers. Once a sale is made on your behalf, there are two primary ways to receive your purchase: (1) delivery, where available, which means an Ignite Wines team member or chosen delivery vendor will deliver your purchase to your home or other authorized location; and (2) shipping, a common delivery carrier will deliver your purchase to your home or other authorized location (we make no representations about the legality of shipping alcoholic beverages). You will be charged the state taxes (including sales tax), if any, assessed by the state where the sales transaction occurs. Delivery fees may apply. You and/or your designee must be aged 21 or older and must present a valid government-issued identification in order to obtain and receive your delivery or shipment. Under certain circumstances, Ignite Wines may facilitate local Phoenix, Arizona area pick-up by Client from Ignite Wines — please contact Ignite Wines at or 707-341-6821 to find out if this option is available.
4.3 Returns. Ignite Wines does not accept returns. Wines are carefully selected based on Client’s express needs, requirements, preferences, and member profile. Client acknowledges and agrees that Ignite Wines cannot and does not guarantee that Client will be satisfied with every single wine selected on Client’s behalf. Client assumes all risk with whether wine selections will be palatable. Please visit Website FAQ section for more information. If you have additional questions not addressed in the FAQ section, please contact Ignite Wines customer service at or 707-341-6821.

5. PRIVACY POLICY
You agree to comply with all terms of Ignite Wines’ Privacy Policy.

6. LINKS TO OTHER SITES AND ADVERTISEMENTS
The Website may contain links to third-party websites. These links are provided solely for your convenience and cannot in any way be construed or interpreted as an endorsement by Ignite Wines of the content of the third-party websites. Ignite Wines is not responsible in any way for the content of those third-party websites. The Website may also contain advertisements and other information provided by third-parties. Ignite Wines is not responsible for, and makes no warranties or representations of any kind, for the content of that information or those advertisements. Ignite Wines is not responsible for any transactions entered into between you and a third-party advertiser for services provided by such third-party advertiser. If you decide to enter into any transactions with third-party advertisers, you do so at your own risk. Ignite Wines further does not make any representations regarding the content or accuracy of materials on third-party Websites or by third-party advertisers. If you decide to access linked third-party Websites, you do so solely at your own risk and of your own choosing.

7. ADVERTISEMENTS AND PROMOTIONS
We may allow for advertisements and promotions on the Website, including, without limitation, on behalf of third-parties. All such communication, interaction and participation is strictly and solely between you and such advertisers/third-parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertisers/third-parties or any goods or services you may purchase or obtain from any advertiser/third-party).

8. COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use “cookies” and/or other tracking technology when you visit our Website or use IW Property. Cookies help us improve the experience and access to our Website. For more information about Cookies, please refer to our Privacy Policy.

9. INTELLECTUAL PROPERTY RIGHTS
9.1 Copyright. We own the copyright(s) to the arrangement and information on the Website and IW Property. You agree not to reproduce, link to, modify, copy, lease, loan, sell, distribute, store, publish, display, download, transmit, imitate, or create derivative works of Ignite Wines content and/or IW Property, in whole or in part.
9.2 Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), by providing our Designated Agent the following information in writing:

Your contact information, including your name, address, telephone number, and email address;
The identification, description and location of each copyrighted work that you claim has been infringed;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owners; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Ignite Wines’ Copyright Agent can be contacted as follows:

Name of Designated Agent: Copyright Agent
Contact Information for Designated Agent:
Please address all notices to the “Copyright Agent” and write “Copyright Notice” in the subject line.

Upon receipt of an infringement notification by the Designated Agent, it is our policy to remove infringing material from the Website and IW Property. You acknowledge and agree that your failure to comply with all of the requirements of this Section 9, your DMCA notice may not be valid. Please note any correspondence, communication, and information provided to us through a notification of infringement may be shared with third parties. Any person sending a notification of infringement is hereby notified that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages.
9.3 Trademarks. “Trademarks" refers to all names, marks, brands, logos, designs, trade dress, slogans and other designations Ignite Wines uses in connection with the Website, IW Property and services. You agree to comply with Ignite Wines’ trademark usage requirements as may be in effect from time to time. You may not use, remove or alter any Ignite Wines trademarks without Ignite Wines’ prior written consent. You agree not to incorporate any Ignite Wines Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related information website, products, services or technologies.

10. ASSIGNMENT
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Ignite Wines without restriction and without notice to you.

11. INDEMNITY
You agree to indemnify and hold Ignite Wines, its employees, officers, directors, agents, affiliates, subsidiaries, parents and other partners and their employees, harmless from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, costs and reasonable attorneys’ fees due to or arising directly or indirectly out of or relating to: (a) your use of the Website, IW Property and/or Ignite Wine services, (b) your engagement in transactions through the use of this Website, (c) your violation of any of these Terms. Ignite Wines reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

12. LEGAL DISPUTES
12.1 Jurisdiction: This Agreement is governed by the laws of the state of Arizona and shall be subject to the exclusive jurisdiction of the courts in Phoenix, Arizona in the County of Maricopa. The offer and acceptance of this Agreement is deemed to have occurred in the State of Arizona. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court in Phoenix, Arizona in the County of Maricopa. You further agree that the prevailing party is entitled to all of its reasonable attorneys' fees and court costs from the unsuccessful party in any dispute.
12.2 Mediation: Prior to the filing of a lawsuit, You and Ignite Wines each agree that any and all disputes, controversies, and/or claims that have arisen or may arise out of this Agreement or use of this Website and/or IW Property, whether based on past, present, or future events, shall be mediated out of court in an attempt at resolution through mediation. The fees and cost of the mediation shall be shared equally between You and Ignite Wines. A demand for mediation shall be served via a written demand in person or by mail to the opposing party.

13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1 THIS SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE AND CONTENT WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE OR SOFTWARE VIRUSES, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, TRUTHFULNESS, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES, FUNCTIONS, AND SERVICES OF THE WEBSITE.
13.2 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IGNITE WINES, ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS (COLLECTIVELY, THE “IGNITE WINES PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS WEBSITE AND/OR IW PROPERTY OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THE IGNITE WINES PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, MONIES, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND IW PROPERTY, EVEN IF IGNITE WINES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE AND IW PROPERTY; (B) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (C) OR DEATH OR PERSONAL INJURY.
13.4 SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE IGNITE WINES PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. ENTIRE AGREEMENT AND SEVERABILITY
The Terms (along with the Privacy Policy, which has been incorporated herein by reference) constitute the entire Agreement between You and Ignite Wines governing your use of the Website and its content and IW Property and its content. If any term or provision of this Agreement is declared or ordered to be invalid or unenforceable, in whole or in part, that term or provision will not affect the enforceability of the remainder of this Agreement. This Agreement will be considered amended to the extent necessary to make this Agreement valid and enforceable under applicable law and consistent with the original intentions of the parties. All remaining terms and provisions of the Agreement will remain in full force and effect.

15. INQUIRIES AND NOTICES
Inquires concerning use of the Website or any of its content should be directed to: