Policies

These terms and conditions (these “Terms”) apply to your membership
in the Fulkerson Winery Wine Club (the “Club”) whether you join through
the website available at www.fulkersonwinery.com (the “Website”) or in
person at a Fulkerson Wine Cellars, LLC (referred to as “Fulkerson
Winery”, “us”, “we”, or “our” as the context may require) location.  These
Terms are subject to change by us without prior written notice at any
time, in our sole and absolute discretion pursuant to Section 14.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND
EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE THEREFORE READ THESE TERMS
CAREFULLY.

BY CLICKING THE “SUBMIT” BUTTON ON THE ONLINE MEMBERSHIP
APPLICATION, OR BY SIGNING A HARD COPY OF THE MEMBERSHIP APPLICATION,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY
BOUND BY THESE TERMS.

YOU MAY NOT ORDER FROM US AS A MEMBER OR JOIN THE CLUB IF YOU
(A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST
21 YEARS OF AGE AND (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH
FULKERSON WINE CELLARS, LLC, ITS SUCCESSORS AND/OR ASSIGNS, OR (C) ARE
PROHIBITED FROM ACCESSING OR USING THE CLUB OR THE WEBSITE OR ANY OF THE
WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

PLEASE NOTE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW,
MEMBERSHIP IN THE CLUB IS SUBJECT TO AUTOMATIC RENEWAL PURSUANT TO
SECTION 4 OF THIS DOCUMENT.

The Fulkerson Winery staff is available to explain the benefits of
Wine Club membership and may be reached by phone during regular business
hours at (607) 333-7749.

1. Membership Benefits; Accounts: Subject to
applicable limitations and exceptions, Club members receive wines
selected quarterly by Fulkerson Winery as well as additional Club
benefits described on the Wine Club home page viewable on the Club page
on the Website, as the same may be updated from time to time.  Only
individuals meeting membership eligibility requirements may become Club
members.  Each Club membership shall correspond to one individual, and
Club memberships may not be shared or transferred between or among
individuals except through a gift membership. Club membership benefits
may not be the same for all members, and some special promotional
offers, benefits and communications may be based on factors not
satisfied by all Club members, including, but not limited to, member
geographic location. You must present your Wine Club membership card (or
other identifying credentials) 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 in good standing,
including being fully paid up to the current date.   Fulkerson Winery
may terminate your club membership and disqualify you from future Club
participation if you engage in improper use of Club membership (for
example, by failing to follow the Terms or allowing others to use your
membership). Fulkerson Winery is not responsible for failure
to provide you with any benefit to which you are entitled unless and
until you have notified Fulkerson Winery about such failure of benefits
within 60 days of such failure of benefits occurring.  To
report any problems regarding membership benefits, such as your failure
to receive Club benefits to which you are entitled, please notify
Fulkerson Winery by contacting us at (607) 333-7749 as soon as possible.

2. Membership Fees: Terms of payment are within our
sole and absolute discretion and payment must be received by us before
our acceptance of a membership or any other order. We accept Visa,
Mastercard, Discover, American Express, Cash, Check, and Fulkerson
Winery Gift Cards for all purchases. You represent and warrant that (i)
the credit card information you supply to us is true, correct and
complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit
card company, and (iv) you will pay charges incurred by you at the
posted prices, including all applicable taxes, if any. All fees
for Club membership, shipping charges and other related charges, are
automatically billed to the credit card on record with your membership. 
For gift memberships, the fees for the entire period of the gift
membership are charged at the time of purchase.  All fees charged 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 upon registration in the Club. Fees are billed on the
first day of the month of the “Anniversary Quarter” (as described
below) for annual Club memberships, and the first day of the month of
each quarter for quarterly members. For quarterly members, you agree to
pay the fee for at least one shipment.

It is your responsibility to inform Fulkerson Winery 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 Edit Memberships page available under the
Account tab on the Website, in person at our store, or by calling
Fulkerson Winery at (607) 333-7749. All changes must be received by us
at least fourteen (14) 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 to us prior to our processing
time for a particular charge or shipment, as specified above.

3. Availability: You acknowledge and agree that
wines provided through the Club may be limited in quantity and may at
times not 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 period
for which such wine was offered.  Fulkerson Winery, in its sole
discretion, may substitute another item for any item that Fulkerson
Winery determines in its sole and absolute discretion is no longer
available for shipment to you or pick-up by you, without any adjustment
in price or refund.  Certain Club members may be eligible to select
available alternative wine varieties that are different from the
selected wines based on Club membership status as set forth in more
detail on the Wine Club FAQ section available on the Club page of the
Website, as the same may be updated from time to time.

4. Membership Term and Renewals: There are two
types of memberships: annual memberships and quarterly
memberships.  Each of these types of memberships can also be purchased
as a gift membership.  Any member with a membership purchased
within 60 days of the close of a quarter, will be shipped the previous
quarter’s shipment with the member’s welcome packet and this previous
quarter shall be the member’s “Anniversary Quarter” for any annual
membership. (Anniversary Quarter months are February, May, August and
November.) This may result in an annual membership term for the
first year of as little as 10 months or as many as 13 months depending
on time of signup.

Except as prohibited under applicable law, each
membership (besides a gift membership) shall automatically renew unless
you cancel such automatic renewal at least FOURTEEN (14) DAYS before the
first day of your “Anniversary Quarter” if the membership is an annual
membership or at the end of each quarter if the membership is a
quarterly one. All cancellations may only be submitted in person at our store or by calling Fulkerson Winery at (607) 333-7749. If
renewal is cancelled for any reason, membership benefits shall
terminate one (1) year from date of the last payment for annual members,
or three (3) months from the date of the last payment for quarterly
members.

5. Damage or Delay: If you have selected the
shipment option for your Club membership, the wine will be sent
quarterly.  There is no available return or exchange for wines shipped
as part of the membership, except as discussed herein.  If your wine is
being shipped, conditions outside of the control of Fulkerson Winery may
adversely affect the wine during shipment. If your wine, at the time of
delivery, is received damaged, spoiled or in an otherwise defective
state, you may contact us and Fulkerson Winery may, at its sole and
absolute discretion, send a replacement or exchange. This is your only and exclusive remedy for damaged or defective product.  Fulkerson
Winery will not refund any shipping charges, and additional shipping
and other charges will apply to deliveries to you that are returned as
undeliverable or refused. In the event of circumstances outside the
control of Fulkerson Winery which prevent, hinder or delay Fulkerson
Winery from performing its obligations, including, but not limited to,
acts of God, strikes, acts of terror, fire, destruction of facilities,
accidents, war (whether declared or undeclared), riot, governmental
action or inaction, including delays or failure to issue permits and/or
any authorizations or an inability to obtain supply and materials or
means of shipping, Fulkerson Winery’s obligations to Club members will
be suspended for the duration of such event. Fulkerson Winery may, in
its sole discretion, cancel Club membership for affected members, up to
and including cancellation of all memberships and disbanding of the Wine
Club.

6. Shipping; Taxes: Shipping costs may vary by state
and location and the amount charged by Fulkerson Winery may change from
time to time.  In addition, we may, from time to time, determine that
we are not able to complete delivery 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 our Winery location.  Taxes and other related charges may
change or may vary between states and locations. Sales tax, which is not
included in the membership price, may also vary by location. Fulkerson
Winery, in its sole and absolute discretion, shall collect sales tax to
the extent it determines doing so is required by any applicable local,
state or federal taxing authorities.

7. Limitations; Changes in Applicable Law: Member
benefits are non-transferable. Member discounts and benefits are not
valid in combination with any other special offers or discounts offered
by Fulkerson Winery. All goods, services and benefits provided by
Fulkerson Winery are only provided and/or shipped to such states in
which Fulkerson Winery determines it is authorized to provide such
goods, services and benefits in its sole and absolute
discretion.  Fulkerson Winery reserves the right to refuse shipment to
any state where Fulkerson Winery determines, in its sole and absolute
discretion, it is not appropriately licensed and Fulkerson Winery is
under no obligation to you to attempt to become appropriately licensed
in order to ship your order in such case.

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 or services received through the Club does
not and will not violate any applicable law, rule or regulation.  You
agree to comply with all applicable laws, rules and regulations,
including, without limitation, laws governing the possession, sale,
export and use of alcoholic beverages.  We will only sell, provide or
deliver wines to persons who are at least 21 years of age. In purchasing
or activating a Club membership, you represent to Fulkerson Winery that
you are at least 21 years of age and that any person to whom delivery
of any alcohol will be made is also at least 21 years of age. When wine
is delivered or picked up, the person receiving the wine will be
required to show Club membership documents or other credentials proving
Club membership and acceptable photo identification proving that he or
she is at least 21 years of age.  Fulkerson Winery 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. You agree to follow all applicable state and
federal laws regarding any product that you receive as a result of your
membership in the Club.  YOU ARE NOT ENTITLED TO ANY REFUNDS FOR
ANY SUCH CANCELLATION.  FULKERSON WINERY, IN ITS SOLE AND ABSOLUTE
DISCRETION, MAY, HOWEVER, REFUND YOU A PORTION OF MEMBERSHIP FEES PAID
FOR WINE THAT WE ARE NOT ABLE TO SHIP TO YOU BASED ON A CHANGE IN ANY
APPLICABLE LAWS, RULES OR REGULATIONS.

Wine provided or delivered by Fulkerson Winery under these
Terms to Club members is not for resale or export and is for personal
consumption only.

8. Personal Information:  If you are concerned about
how the information you provide to Fulkerson Winery is used, or have
any questions regarding the retention or use of said information, please
visit the Privacy Policy section or contact Fulkerson Winery directly
at (607) 333-7749 for more information.

9. Invalidity of Terms: If any provision of these
Terms is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions shall nevertheless continue
in full force without being impaired or invalidated in any way.

10. No Waiver:  Fulkerson Winery’s failure to
exercise or delay in exercising any right, power or privilege under
these Terms shall not operate as a waiver; nor shall any single or
partial exercise of any right, power or privilege preclude any other or
further exercise thereof.

11. Governing Law: These Terms shall be governed,
construed, and enforced in accordance with the laws of the State of New
York, without regard to its conflict of laws rules that would cause
another jurisdiction’s laws to apply.

12. Venue: Any litigation in any way relating to
these Terms shall be brought and venued exclusively in state and federal
courts residing in Monroe County, New York, and you hereby consent to
the jurisdiction of these courts and waive any objection that such venue
is inconvenient or improper.

13. Entire Agreement:  These Terms constitute the
entire agreement between you and Fulkerson Winery in respect to your
membership in the Club and the goods, services and benefits provided by
Fulkerson Winery related to your membership in the Club.

14. Change in Terms: Fulkerson Winery and
only Fulkerson Winery may, in its sole discretion, modify the Terms or
add or delete any of the Club membership rules, conditions, benefits or
rewards, in whole or in part. Fulkerson Winery may make any such changes
at any time, with or without notice. To review the most recent version
of these Terms, please regularly visit the this “Terms & Conditions”
page of the Website. Your continued use of the Club after a posted
change in these Terms will constitute your acceptance of and agreement
to such changes. Any change or revision shall not apply to
disputes of which Fulkerson Winery had notice on or before the date of
the change or revision.

15. Limitation of Liability; Disclaimer: BY
JOINING THE CLUB, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE
CLUB, THE GOODS AND SERVICES PROVIDED BY FULKERSON WINERY, AND ALL OTHER
BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” BASIS AND
WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.

OUR LIABILITY TO YOU RESULTING
FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES
OR BENEFITS YOU HAVE RECEIVED OR FAILED TO RECEIVE THROUGH CLUB
MEMBERSHIP OR OTHERWISE WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL
AMOUNT PAID BY YOU TO US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE
FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL,
REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF
REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

BY JOINING THE CLUB, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS FULKERSON WINERY AND ITS AFFILIATES, AND RESPECTIVE OWNERS,
EMPLOYEES, AGENTS, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS FROM ANY
AND ALL LOSSES, CLAIMS, DAMAGES, COSTS AND EXPENSE RELATED TO YOUR
MISREPRESENTATION OF ANY INFORMATION PROVIDED BY YOU TO FULKERSON
WINERY, YOUR BREACH OF ANY OF THESE TERMS OR MISUSE OF ANY OF THE GOODS,
SERVICES OR THE BENEFITS OF MEMBERSHIP IN THE CLUB.

IN ANY DISPUTE, NEITHER YOU NOR FULKERSON WINERY WILL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLUB MEMBERS
OR CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY
CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY.