The information contained on www.prioritywinepass.com and priorityexperiences.com websites is for general information purposes only. Priority Wine Pass assumes no responsibility for errors or omissions in the contents on the Service. In no event shall Priority Wine Pass be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other sort, arising out of or in connection with the use of the Service or the contents of the Service. Priority Wine Pass reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. Priority Wine Pass does not warrant that the Sites are free of viruses or other harmful components. Priority Wine Pass Sites may contain links to external websites that are not provided or maintained by or in any way affiliated with Priority Wine Pass. Please note that Priority Wine Pass does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Our Sites offer transportation advice, recommendations, experiences, and wine/wine tasting information and is designed for educational purposes only. We are not liable for any activity with our third party affiliates/recommended businesses.
Use of the Sites:
- Transmit via or through the Sites any information, data, text, images, files, links, or software except in connection with your authorized use of our Sites or otherwise in response to specific requests for information by us.
- Introduce to the Sites or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
- Obtain unauthorized access to any computer system.
- Impersonate any other person including but not limited to, a registered user of our Sites or an employee of Priority Wine Pass or Priority Experiences.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to our Sites or any component of our Sites.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Sites for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
Our Sites are made available for members who are 21 years and older, and who have not been suspended or removed by Priority Wine Pass or Priority Experiences for any reason. By becoming a member you represent that you are of legal age in your respective country for any and all activities that include the use of wine or any other alcoholic beverage. If you do not qualify, you may not use our Sites. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by our Sites’ registration form(s).
Additional Terms and Conditions:
Virtual Wine Tasting and Virtual Experiences:
By submitting a request and/or employing the services Priority Wine Pass and/or Priority Experiences and its employees You understand that Priority Wine Pass/Priority Experiences assumes no responsibility or liability for delays, compromises, changes to shipment contents, cancellations, lost or stolen packages, and/or any other inconveniences related to shipments and/or the associated virtual experiences. Priority Wine Pass/Priority Experiences also does not make any guarantees for delivery dates for any virtual tasting event. Priority Wine Pass/Priority Experiences primarily works on a referral basis and encourages You to discuss any additional terms directly with the 3rd parties that we recommend.
Priority Wine Pass and Priority Experiences Shipments or PWP/PE Shipments, as referred to in these Terms, are any corporate gifts, shipments, virtual experience packages or virtual experience add-ons that are invoiced directly by Priority Wine Pass. PWP/PE Shipments DO NOT include shipments or packages billed by 3rd parties such as virtual experiences fulfilled by external wineries, suppliers, and/or vendors. In the event that you elect a virtual experiences that is billed by a 3rd party, we encourage you to work directly with the provider to coordinate a solution to any issues that may arise.
PWP/PE Shipment Payment:
Payment for PWP/PE Shipments (Payment) must be completed 7 business days prior to the Ship Date. Ship Date refers to the agreed upon date in which Priority Wine Pass will send PWP/PE Shipments to the shipping provider. If the PWP/PE Shipment includes customized contents or any special requests, Payment is required 10 days prior to the Ship Date. If Payment is not received within those time frames, additional expedited shipping fees may be required for each PWP Shipment.
Arrival Date is the date in which PWP/PE Shipments are expected to arrive at the recipient’s address. While the Arrival Date is generally 7-14 days after the Ship Date, Priority Wine Pass provides no guarantee for any Arrival Date and assumes no responsibility for unexpected delays. In all scenarios the Arrival Date is an estimation provided by the shipping provider and it is always measured in relation to the Ship Date.
Shipping for PWP/PE Shipments
All PWP/PE Shipments are sent via FedEx, UPS, or USPS (ground or express). Priority Wine Pass will provide tracking info via Shippo if emails are provided and deliver it to any recipient whose email is provided. This tracking info will be provided 24 hours after the Ship Date. Delivery times, delivery estimates, and delivery dates provided by Shippo are estimates and are not guaranteed. Priority Wine Pass is not responsible for carrier delays in transit caused by high volume, weather, mechanical error, local carrier mis-scans or inaccurate shipping information. Priority Wine Pass does not require a signature for the delivery of food packages and in all scenarios abides by any local or state laws in regards to delivery. The option to leave a package at an address is done by the discretion of the individual delivery person and is therefore entirely outside the control of Priority Wine Pass.
Customers must confirm that all shipping information is accurate before submitting Payment. If an address needs to be modified while the PWP/PE Shipment is in transit, a $20 address change processing fee (per package) will apply. Once an address modification is requested, most carriers require one business day to process the change, which may delay the PWP/PE Shipment. As with all shipping delays Priority Wine Pass is not responsible for any delays in transit caused by address modifications.
PWP/PE Shipments that are returned because of address issues and/or because there is not anyone present to sign/receive may incur additional charges to reship.
PWP/PE Shipment Delivery & Damages
Priority Wine Pass is not responsible for packages that are late, damaged or reported lost or stolen. In such a scenario, we will refer you directly to the shipping provider’s policies in order to find a resolution.
PWP/PE Shipment Cancelations, Modifications & Refunds
Cancelations must be made 14 days prior to the Ship Date. All sales beyond that timeframe are final. Canceling or adding individual PWP/PE Shipments to your order, or modifying shipping information may not be possible due to our partners production timelines. If your Payment is placed within the 14 days of the Ship Date, your sale is final, and will not be refunded. Requests to modify your order must be submitted 7 days prior to the Ship Date. The ability to add or modify a PWP/PE Shipment is not guaranteed since it may not be possible due to our vendor’s production timelines. Expedited shipping may be an option but not guaranteed.
In the event a Priority Wine Pass product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Priority Wine Pass shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Priority Wine Pass shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Priority Wine Pass shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing our Sites and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Priority Wine Pass without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Links to Third-Party Websites:
No Implied Endorsements: Our Sites may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
User Blogs. Chat Rooms, Message Boards
Priority Wine Pass may, but is not obligated to, monitor or review any areas on our Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Priority Wine Pass, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on Sites submitted to Priority Wine Pass, or otherwise communicated in connection with your use of our Sites (collectively ,”Submissions”) shall be and remain the exclusive property of Priority Wine Pass with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO Priority Wine Pass CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF Priority Wine Pass. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO Priority Wine Pass THAT Priority Wine Pass IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Priority Wine Pass, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Priority Wine Pass takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
Disclaimer of Warranty:
OUR SITES, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, Priority Wine Pass DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON OUR SITES IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON OUR SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) OUR SITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability:
IN NO EVENT SHALL Priority Wine Pass OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OUR SITES BE LIABLE TO ANY USER OF OUR SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OUR SITES OR OTHERWISE, EVEN IF Priority Wine Pass HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF Priority Wine Pass OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OUR SITES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF OUR SITES WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO Priority Wine Pass IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL Priority Wine Pass OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Priority Wine Pass.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through our Sites. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We make no representation that information on our Sites is appropriate or available for use outside the United States. Those who choose to access our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss:
The items purchased from our Sites are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Each claim or statement about the effectiveness of Priority Wine Pass products and/or each claim or statement comparing the effectiveness of Priority Wine Pass products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on our Sites.
Priority Wine Pass is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Priority Wine Pass reserves the right to void all service, return, and other policies for orders and Priority Wine Pass products that were purchased through unauthorized sellers. Priority Wine Pass is not responsible for any representations by unauthorized sellers.
Unavailability of our Sites; Termination; Fraud:
Misuse, Fraud or Misrepresentation in connection with Priority Wine Pass Promotions or Referral Credits program:
Priority Wine Pass referral Credits program is designed to reward existing members (“Sponsors”) for referring new members to Priority Wine Pass awarding the Sponsor Credits when the new member makes his or her first purchase. Accordingly, Sponsors are only entitled to receive referral Credits upon the initial purchase of Priority Wine Pass merchandise by a new member introduced for the first time to Priority Wine Pass by the Sponsor. The receipt by any Sponsor of referral Credits by any means other than as a result of the initial purchase of Priority Wine Pass merchandise by a new member introduced to Priority Wine Pass by the Sponsor shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.
In addition, from time to time Priority Wine Pass may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Priority Wine Pass by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
Copyright Infringement: Notice and Take Down Procedures:
If you believe that any materials on our Sites infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on our Sites the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: Priority Wine Pass, PO Box 12959 San Luis Obispo, CA 93406, email@example.com
Choice of Law and Forum:
By using our Sites, you agree that Priority Wine Pass, at its sole discretion, may require you to submit any disputes arising from the use of our Sites, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Updated December 10, 2021