Terms and Conditions
Last updated: July 6, 2020

1. Acceptance of the Terms of Use.

Cafe Rule, LLC (“Company”, “we” or “us”) maintains the website cafe rule.com, including any content, functionality and services offered on or through caferule.com (the “Website”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Use.

3. Acceptance of Privacy Policy

All information we collect on the Website is subject to our Privacy Policy. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

4. Our Wine Club

We offer a free membership to our wine club “Wine Rules” to users who register to become members of Wine Rules on our Website. Wine Rules is offered and available only to users who are at least 21 years old and who are residents of the United States. By registering as a member of Wine Rules, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not become a member of Wine Rules.

As a member of Wine Rules, you may purchase the wine listed on our Wine List in case quantities, for the prices specified on the Wine List. If you elect to participate at the Gold level by paying a one-time fee of $100, you will be entitled to purchase wine at a 15% discount from the listed prices so long as you remain a member. If you elect to participate at the Platinum level by paying a one-time fee of $250, you will be entitled to purchase wine at a 25% discount from the listed prices so long as you remain a member. You would pay for wine online at the time you place your order.

State law limits the maximum volume of wine that you may purchase in a single purchase unless you have your own purchase-transportation permit. Currently, state law would permit you to purchase and pick-up a maximum of eleven (11) 6-count cases of 750ml bottles of wine.

We would deliver all ordered wine to you at our restaurant, and notify you by email when the wine is available. We place orders with our distributor at the close of business each Monday, and pending orders placed before 4pm. on any Monday would generally be available for pickup after 4pm on the following Monday. You may purchase wine only for your personal use and consumption, and for consumption by members of your family and your household guests who are, in each case, at least 21 years of age. You may not purchase wine for resale to, or use or consumption by, any other person.

We must put certain procedures in place to comply with state law with respect to the sale of wine at a discount for off-premises consumption. Accordingly, when you register as a member of Wine Rules, you must provide us with your name, address, primary telephone number and email address. When you pick-up your first order, you must provide a valid Driver License, and we will record your Driver License number and data of birth, and issue you a membership card with your unique membership number. At your option, you may designate one other family member who is at least 21 years old to pick up wine on your behalf. You or your designated family member must then present your Membership Card and provide proof of identity each time that you or the designated family member picks-up ordered wine. The designated family member must also provide a valid Driver License the first time he or she picks-up wine, so that we can record his or her Driver License number and data of birth in our system.

We will periodically update or modify our Wine List, so you should check to be sure you have reviewed a current Wine List before ordering. If the ordered wine is listed by a specific name and vintage, the distributor may occasionally substitute a different vintage of that wine if the ordered vintage is no longer available. If the ordered wine is listed only by varietal and region, the distributor will select the specific wine and vintage. We are not responsible for any such selections of our distributor.

For a period of thirty days after your purchase of any bottle of wine, you may return that bottle of wine if it is bad at the time it is uncorked, and obtain a free replacement bottle of the same wine. You may not otherwise return any wine that you purchase.

5. Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Website. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

6. Intellectual Property Rights.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only.

You may print or download one current copy of the Wine List for your personal use. You may not otherwise copy, modify, display or distribute any materials on our Website, nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Trademarks.

The Company name, the term Wine Rules, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

8. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by wine producers or distributors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. Changes to the Website.

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

10. Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED IN TERM 4, THE WEBSITE AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability.

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 WEBSITE, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

13. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina or the courts of the State of North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal 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 the Terms of Use will continue in full force and effect.

15. Entire Agreement.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cafe Rule, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

16. Your Comments and Concerns.

This website is operated by Café Rule, LLC at 242 11th Avenue NE, Hickory, NC 28601.
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