1. USER AGREEMENT


Welcome to the Internet sites of Applejack Wine & Spirits. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Applejack Wine & Spirits. By using these web sites and any emails or communications received from Applejack Wine & Spirits (collectively called the "Services"), you consent and agree to these terms and conditions.


PLEASE NOTE THAT YOUR USE OF THE APPLEJACK WINE & SPIRITS SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS APPLEJACK WINE & SPIRITS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE APPLEJACK WINE & SPIRITS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY APPLEJACK WINE & SPIRITS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE APPLEJACK WINE & SPIRITS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.



  1. ACCESSIBILITY OF OUR SITES


SITES, STORES & SERVICES INTENDED FOR PERSONS AGED 21 OR OLDER ONLY


We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using our sites, you represent that you are over the age of 21. Applejack Wine & Spirits works to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using the sites, you represent that the person placing an order, picking up the order in one of our stores (contactless curbside pickup), or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 21.


If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the sites and report your misrepresentation to the appropriate authorities.



  1. CUSTOMERS WITH DISABILITIES


Applejack Wine & Spirits strives to meet online usability and the most current design standards recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines (WCAG), or other standards to the extent required by the Americans with Disabilities Act (ADA).


If you are having difficulty viewing the content on our sites or navigating our sites, please contact us at customerservice@applejack.com or call our stores at 303.233.3331 for Wheat Ridge and 720.586.8500 for Thornton.



  1. PARENTAL CONTROL PROTECTIONS


As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law.



  1. SHIPPING/DELIVERY


If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state in which you reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary licenses or permits, and paying all tax or other amounts due.



  1. USER OBLIGATIONS


You agree not to do any of the following while using the Applejack Wine & Spirits Sites: intentionally or unintentionally violate any applicable law or regulation. Access, tamper with, or use nonpublic areas of the Applejack Wine & Spirits Site or Applejack Wine & Spirits' computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Linking to any Applejack Wine & Spirits Sites is prohibited unless as permitted in writing by Applejack Wine & Spirits.



  1. COPYRIGHT


The compilation (meaning the collection, arrangement and assembly) of all content on www.applejack.com is the exclusive property of Applejack Wine & Spirits and is protected by U.S. and international copyright laws.


Applejack Wine & Spirits and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2004 - 2017 by Applejack Wine & Spirits. Unless otherwise explicitly stated by Applejack Wine & Spirits, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Applejack Wine & Spirits.



  1. PROTECTION OF CONTENT PROVIDED BY APPLEJACK WINE & SPIRITS AND ITS LICENSORS


All text, graphics, logos, icons, images, audio clips and software on the Applejack Wine & Spirits Site ("Site Content") are copyrighted materials owned by or licensed to Applejack Wine & Spirits or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Applejack Wine & Spirits and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Applejack Wine & Spirits, its affiliates, or third parties. "Applejack Wine & Spirits" is a trademark of Applejack Wine & Spirits. Unless authorized in writing by an officer of Applejack Wine & Spirits, Applejack Wine & Spirits' trademarks may not be used in connection with any product or service that is not Applejack Wine & Spirits', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Applejack Wine & Spirits. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Applejack Wine & Spirits or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Applejack Wine & Spirits Site. Nothing contained in the Applejack Wine & Spirits Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Applejack Wine & Spirits, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Applejack Wine & Spirits, its affiliates, and/or any third party, as applicable.



  1. COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT


Applejack Wine & Spirits respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Applejack Wine & Spirits' Designated Agent the following information:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
  • 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; and
  • 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 owner of an exclusive right that is allegedly infringed.


Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following address: customerservice@applejack.com.



  1. CORRESPONDENCE RECEIVED AND COMMUNICATION


Applejack Wine & Spirits reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Applejack Wine & Spirits may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Applejack Wine & Spirits. You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Applejack Wine & Spirits any information that (i) restricts or inhibits any other user from using or enjoying Applejack Wine & Spirits, (ii) in Applejack Wine & Spirits' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.



  1. NOTICES


Applejack Wine & Spirits will give you any necessary notices by posting them on the Applejack Wine & Spirits Site. You authorize Applejack Wine & Spirits to send notices via electronic mail as well if Applejack Wine & Spirits decides, in its sole discretion, to do so. You agree to check the Applejack Wine & Spirits Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Applejack Wine & Spirits Site.



  1. DISCLAIMER; NO WARRANTY


Applejack Wine & Spirits makes no representations or warranties as to the accuracy of any information on its websites and Services and is not liable for omissions or typographical errors contained in same. You acknowledge that any reliance upon any such information shall be at your own risk. By using the Services, you acknowledge and agree that Applejack Wine & Spirits has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.


ALTHOUGH APPLEJACK WINE & SPIRITS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE APPLEJACK WINE & SPIRITS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE APPLEJACK WINE & SPIRITS SITE. APPLEJACK WINE & SPIRITS DOES NOT WARRANT THAT YOUR USE OF THE APPLEJACK WINE & SPIRITS SITE, OR THE OPERATION OR FUNCTION OF THE APPLEJACK WINE & SPIRITS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.


YOUR USE OF THE APPLEJACK WINE & SPIRITS SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. APPLEJACK WINE & SPIRITS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE APPLEJACK WINE & SPIRITS SITE. THE APPLEJACK WINE & SPIRITS SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.



  1. LIMITATION OF LIABILITY AND INDEMNIFICATION


IN NO EVENT SHALL APPLEJACK WINE & SPIRITS AND/OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLEJACK WINE & SPIRITS SITE, REGARDLESS OF:


  • THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE – EVEN IF APPLEJACK WINE & SPIRITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);
  • HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMSSIONS IN, OR THE USE OR PERFORMANCE OF, THE APPLEJACK WINE & SPIRITS SITE, THE DELAY OR INABILITY TO USE THE APPLEJACK WINE & SPIRITS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLEJACK WINE & SPIRITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLEJACK WINE & SPIRITS SITE); OR
  • THE LEGAL THEORY ASSERTED(CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE)

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLEJACK WINE & SPIRITS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLEJACK WINE & SPIRITS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS APPLEJACK WINE & SPIRITS'S LIABILITY OR YOUR REMEDIES.


Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 

You agree to indemnify, defend, and hold harmless Applejack Wine & Spirits and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising out of your use of the Services or any breach by you of these Terms and Conditions. Applejack Wine & Spirits reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Applejack Wine & Spirits.




  1. THIRD PARTY CONTENT AND MONITORING


Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Applejack Wine & Spirits Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Applejack Wine & Spirits. Applejack Wine & Spirits neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Applejack Wine & Spirits Site by anyone other than authorized Applejack Wine & Spirits employees acting in their official capacities.



  1. EXTERNAL SITES


The Applejack Wine & Spirits Site may contain links to other web sites or resources. You acknowledge and agree that Applejack Wine & Spirits is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Applejack Wine & Spirits Site does not imply that Applejack Wine & Spirits endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Applejack Wine & Spirits and its sites do not constitute an endorsement by Applejack Wine & Spirits of any third party products or services.



  1. MODIFICATION


Applejack Wine & Spirits may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Applejack Wine & Spirits reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.



  1. PRIVACY POLICY


Your use of the Applejack Wine & Spirits Site is governed by the Applejack Wine & Spirits Privacy Policy.



  1. FORCE MAJEURE


Applejack Wine & Spirits shall be excused from performance under these Terms of Service if Applejack Wine & Spirits is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Applejack Wine & Spirits.



  1. SURVIVAL


The following provisions shall survive any termination of these Terms of Service: No Warranty from Applejack Wine & Spirits, Limitation of Liability and Indemnification, and General Provisions.



  1. GENERAL PROVISIONS


You agree that Applejack Wine & Spirits and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Applejack Wine & Spirits Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Applejack Wine & Spirits to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Applejack Wine & Spirits in writing. The Terms of Service, along with the Applejack Wine & Spirits Privacy Policy, comprises the entire agreement between you and Applejack Wine & Spirits and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Applejack Wine & Spirits. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Applejack Wine & Spirits shall be null and void. These Terms of Service will inure to the benefit of Applejack Wine & Spirits's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. Colorado law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the state courts of Colorado, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.



  1. ACCEPTANCE; MISCELLANEOUS


Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Applejack Wine & Spirits. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.


If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.


These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Applejack Wine & Spirits with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.


If you have any questions about these Terms of Service, please email us at customerservice@applejack.com.


Applejack Wine & Spirits, LLC (Applejack) Top Shelf Loyalty Club


I. No purchase is necessary to join the Applejack Top Shelf Loyalty Club (“Loyalty Club” or “program”).


II. Eligibility. You must be 21 years of age or older and a resident of the United States to be eligible for membership in the Loyalty Club. By signing up for the Top Shelf Loyalty Club, you agree that you are 21 years of age or older and you agree to be bound by these terms and conditions. 


III. Enrollment. To enroll in the program, you must provide a minimum of your first name, last name, phone number and email address. The program is void where prohibited by law. Applejack Top Shelf Loyalty Club members are entitled to only one member account. Your account and/or the offers associated with your Applejack Top Shelf Loyalty Club membership may not be sold, transferred or assigned to, or shared with family, friends or others. To enroll in the program visit in store or go to applejack.com and navigate to the Applejack Sign In page which includes a check box to activate your Loyalty Club membership.  


IV. Access/Change Member Information. Top Shelf Loyalty Club members must keep their personal information on their Account (the "Account") up to date by visiting the applejack.com website. 

V. Online Account Maintenance. Once you are a registered user of the website, you may view a summary of your account on the website. After logging on to the website, simply navigate to “Login” and enter your account credentials. The Top Shelf Loyalty Club dashboard is available on your Account page.


VI. Member Cancellation. You may cancel your Top Shelf Loyalty Club membership at any time by sending an email to customerservice@applejack.com. Upon cancellation, all program incentives and offers will be void.  


VII. Club Overview: Members are entitled to loyalty club pricing on featured products.


  1. Join - It’s easy and free ~ there are two easy ways to sign up, either in store at the register or at applejack.com. 

  2. In Store: - If you sign up in store at the register you will receive a follow up email prompting you to complete your sign up by creating a password and logging into your account online @ applejack.com.
  3. Applejack.com: Just sign in to your applejack.com account (or create one if you don’t already have one). If you have set up an Applejack Account in the past, simply log in and visit the Sign In page and click a check box to activate your loyalty club membership.  
  4. Shop - Look for featured items with Top Shelf Loyalty Pricing throughout the store and on applejack.com. These prices won’t be valid at check out if you are not signed up for our Top Shelf Loyalty Club. Our selection of specially priced items change all the time.
  5. Save: - These additional savings will only be available to you if you are a Top Shelf Loyalty Club member. When you shop and buy products featured in our Top Shelf Loyalty Program you will save even more than the sale price. Further, you will be the first to know about special offers and events. 

VIII. Exclusions. Restrictions may apply.



VII. Privacy Information.  

A. The Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Applejack Wine and Spirits Privacy Policy (the “Privacy Policy”), available at both locations upon request at customer service and at applejack.com


In accordance with our Privacy Policy, we do not sell your information.


B. By participating in the Top shelf Loyalty Club, you agree that the Stores, their affiliates and their vendors may collect, process and/or use information from and about you, and the Stores may share your personal information for purpose of administering marketing programs and other business purposes, including updating and enhancing the quality and content of the Top Shelf Loyalty Club and information we maintain about you, and selecting, stocking, pricing and marketing store merchandise.


C. As a Top Shelf Loyalty Club Member, you authorize us to send you periodic communications by email or phone. You may discontinue receiving communications from us by logging into your account online and managing your subscriptions, or by contacting us at customerservice@applejack.com.


VIII. General.


By joining the Applejack Top Shelf Loyalty Club, you agree to be bound by the terms and conditions set forth in these Terms and Conditions. We may modify these Terms and Conditions from time to time by posting the revised Terms and Conditions on our website. Your continued participation in Top Shelf Loyalty Club following the posting of any such changes to these Terms and Conditions indicates your acceptance of the changes. Applejack reserves the right to cancel, modify, or restrict any aspect of the Loyalty Club, at any time. Applejack may make changes to these Terms and Conditions even though such changes may affect the member's benefits. The sale of loyalty club offers or incentives is prohibited and may result in the confiscation or cancellation of your offers, as well as suspension or termination of your membership, which in each case shall be final and conclusive. Applejack may revoke any membership in the Top Shelf Loyalty Club at any time if such member engages in abuse of the Loyalty Club or fails to follow these Terms and Conditions. Fraud or abuse relating to the Loyalty Club may result in revocation of membership in the program and may affect a member's eligibility for participation in any other Applejack programs or promotions.