This agreement (the "Terms & Conditions") is a legally binding agreement between you and Direct Wines, Inc., its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "Company," "we," "our" or "us"), and applies to your use of the URL, https://www.Laithwaites.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the "Websites"), and all mobile applications owned by the Company (together with the Websites, collectively, the "Company Sites"). Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products from Licensed Retailers and to register as members of the various Wine Clubs that the Company services (the "Wine Clubs") (collectively, the "Wine Services"). BY CLICKING THE "I AGREE" BUTTON OR BY USING THE COMPANY SITES, INCLUDING, WITHOUT LIMITATION, BY PARTICIPATING IN THE WINE SERVICES, YOU HEREBY AGREE TO THE FOLLOWING TERMS & CONDITIONS AND OUR {PRIVACY POLICY}.IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND PRIVACY POLICY, PLEASE DO NOT USE THE COMPANY SITES.

1.Billing and Cancellations:
a. Subscription Programs. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL USE A RECURRING PAYMENT SYSTEM IN CONNECTION WITH THE RESPECTIVE SUBSCRIPTION PROGRAM(S) YOU ARE ENROLLED IN. THE METHOD OF PAYMENT LINKED TO YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED IN ACCORDANCE WITH THE SHIPPING SCHEDULE OF YOUR APPLICABLE PROGRAM OR THE RENEWAL TERM OF THE PROGRAM. THERE IS NO ONGOING COMMITMENT TO REMAIN A MEMBER OF ANY SUBSCRIPTION PROGRAM. YOU MAY CANCEL YOUR MEMBERSHIP(S) AT ANY TIME BY CONTACTING US AT 1-800-649-4637 OR SIGNING INTO YOUR ACCOUNT ONLINE USING THIS {LINK}, AND WE WILL PROMPTLY STOP PROCESSING THE RECURRING PAYMENTS. SECTION 2 TITLED "ORDERS" SETS FORTH ADDITIONAL TERMS CONCERNING ANY CHANGES TO THE PRICE OF MEMBERSHIPS, AND YOUR ABILITY TO CANCEL YOUR MEMBERSHIP BEFORE BEING CHARGED FOR SUBSCRIPTION RENEWAL.
b.Individual Orders. You may cancel pending orders at any time prior to shipment by contacting us at 1-800-649-4637 and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your purchase, it will generally be charged by the end of the business day on which you place your order.

2.Orders: Wines and offers may vary by state. 100% money-back guarantee applies to each wine, except as otherwise specifically stated in a consumer offer concerning certain fine and rare wines. All offers made pursuant to these Terms & Conditions are subject to availability. In the unlikely event that a particular wine selection is currently unavailable, either as part of an individual order or as part of a wine case shipped pursuant to a Wine Club membership, a substitute of similar style and of equal or greater value will be supplied in your shipment from the Licensed Retailer. The Company and the Licensed Retailer have the right to refuse orders should they not comply with the laws in your state or for any other reason and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company and the Licensed Retailer reserve the right to cancel affected orders and refund the charge to you as your sole remedy. The Company and the Licensed Retailer reserve the right to change product pricing and discounts offered at any time. We reserve the right to accept, refuse, or cancel membership or any order at our discretion, without cause. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO WINE CLUB SHIPMENTS, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE WINE CLUB PRIOR TO BEING CHARGED FOR YOUR NEXT SHIPMENT.

3.Contact Information: If you have any requests, questions or comments about your orders made in connection with the Wine Services, Wine Club membership registration, your Account, , the Company Sites, or any other questions or comments relating to our products and services, please contact us at:

Phone: 1-800-649-4637

Mail: Laithwaites Wine Attn: Customer Service PO Box 7133 Port St. Lucie, FL 34985-9898

Email: customerservice@laithwaites.com

When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.

4.Eligibility:You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites or Mobile SMS Texting services. The Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Sites to minors. Please contact us for details. We may refuse to register any person or service any order at any time, at our sole discretion.

5.Sale of Alcohol Beverages: The Company’s role in the transactions contemplated by these Terms & Conditions is that of a service provider that enables you, the consumer, to purchase wine and related products from those retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the "Licensed Retailers") and to participate in the services and/or any other product offers offered on the Company Sites. You acknowledge that all orders of wine and related products you place through the use of the Company Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by the Company. Any wine you purchase through the use of the Company Sites from the Licensed Retailers must be for personal consumption only and not for resale.

6.Customer Account and Guest Log-In: To utilize the Wine Services, you will be asked to register for a personal account with the Company (an "Account"), or log in to the Company Sites as a guest (a "Guest Log-In"), You represent and warrant that all information you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. For information on accessing and managing your account, please use this {Link}.

7. Subscription Programs:
Wine Club Membership. The Company works with certain strategic partners (the "Brand Partners") in connection with the creation and operation of various branded Wine Clubs, which are promoted by us and our Brand Partners. Please review our {PRIVACY POLICY} with respect to what information we share with third parties, including our Brand Partners, and the terms of such sharing. As a member of a Wine Club, you are generally entitled to receive one (1) case of wine (approximately twelve (12) bottles) every calendar quarter, plus, if any additional Holiday Shipments (approximately every twelve (12) weeks) while your particular Wine Club membership is active. The exact number of bottles, shipping schedule(s) and charges, applicable tax, and amount for bottle deposit fee (where applicable) which will vary between localities and Wine clubs will be charged to your method of payment. Charges will be provided to you in your order summary prior to your purchase of the applicable Wine Club membership. You will be notified in advance of shipments. Memberships to any particular Wine Club are limited to one (1) per household.
Unlimited Shipping Membership: Laithwaites Unlimited Shipping is a subscription plan that allows existing customers to receive an unlimited number of shipments for a fixed term. The Laithwaites Unlimited Shipping membership (“Membership”) will last for a fixed term of either one year or monthly, based on your subscription plan. The Membership will automatically renew for additional terms, based on your subscription plan, unless You cancel Your Membership. You will be notified by the Company in advance of the automatic renewal charge. Fair Use of Unlimited Shipping is limited to no more than six (6) shipments of three (3) bottles or fewer in any twelve (12)-month period. Violation of this may result in refusal of those shipments exceeding Fair Use or cancelation of membership. Laithwaites Unlimited Shipping does not include the additional Shipping Surcharges required for Alaska, Hawaii, and Colorado. Member discounts are available on eligible bottles and cases only as indicated. Where indicated a ten-percent (10%) discount applies to individual bottles when members reach a twelve (12)-bottle minimum order of any combination of eligible bottles. Additional terms of promotional offers may vary and will be specified in the applicable promotion, including birthday discounts. We reserve the right to accept, refuse, or cancel membership or any order at our discretion, without cause.

8.Shipping & Deliveries: All orders are shipped by the applicable Licensed Retailers. Title to such wine and related products and risk of loss passes from the applicable Licensed Retailer to you upon the shipment of your order by the Licensed Retailer. The terms of shipment may vary from order to order. The remittance of any and all federal, state, sales use and excise taxes will be paid by the applicable Licensed Retailer related to such orders. The Licensed Retailers do not ship to states, counties or cities where shipping wine is prohibited by law. Our Licensed Retailers currently ship to the following states: AK ($75 FedEx shipping surcharge applies per case), AL, AZ, CA (offer may vary, recycling fee per container applies), CO ($0.29 retail delivery fee per case applies), CT, FL, GA, HI ($75 shipping surcharge per case applies), IA, ID, IL, IN (limited delivery area), KS, LA, MA, MD, ME, MI, MN (delivery fee applies on each invoice that meets or exceeds $100) MO, MT, NC, ND, NE, NH, NJ (offer may vary), NM, NV, NY, OH, OK, OR (not eligible for free gift), PA, SC, SD (offer may vary), TN, TX (voucher not required), VA, VT, WA, WI, WV, WY and to the District of Columbia (DC). Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.

9. Promotional Offers: By participating in Subscription Programs and promotional offers, you will be eligible to receive various benefits provided from time to time by the Company and its Brand Partners, including, without limitation, receiving discounts, vouchers, and promotional offers with respect to wine, related products and Subscription Programs , unless prohibited by law. Promotional offers include, for example, the Refer-A-Friend offer, please use this {Link} for more information on this offer. Other benefits include, for example, the gift card offer, please use this {Link} for more information on this benefit. You will be notified of these special offers through various channels of communication, including, without limitation, email, mobile text messaging, or U.S. mail. Each such discount, voucher, and promotion offered to you will apply only to those specific wines, related products and Subscription Programs advertised, and will be governed by these Terms & Conditions, and the applicable terms of such promotions as communicated to you. A particular reference code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable. All offers are subject to availability and the Company reserves the right to change discounts, vouchers or offers at any time, unless the applicable advertisement or law provides otherwise. Some states do not permit us to honor certain discounts, vouchers or offers, and the Company extends such discounts, vouchers and offers only if they are not prohibited by law. You will be notified prior to purchase, if you are located in any such state.

10. MOBILE SMS/TEXTING: Mobile Terms of Use: The company provides products and services that are accessible via a computer or mobile device. By signing up to receive text messages from us or by a third-party service provider on behalf of us, you acknowledge and agree that: (1) you are the current subscriber or customary user of the mobile phone number you provided to us in order to participate in the program; (2) you have read, understand, and agree to be bound by all these terms; and (3) we may send communications to your mobile device regarding those functions or services. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

PLEASE NOTE: You agree that if the mobile telephone number you provided to receive text messages at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY the company of any such reassignment or termination by calling our customer service at 1-800-649-4637.

Message & data rates may apply: Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Program services. All data obtained is subject to our Privacy Policy

Supported Carriers: It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Supported carriers may change from time to time, but currently include these SMS supported carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Types of SMS/text message alerts: You may receive Transactional and/or Marketing SMS/text messages from us. In all cases, consent to receive text messages is not a condition of purchasing any goods or services, and message and data rates may apply: Opting Out of SMS/text message alerts: You can cancel the SMS service at any time. To stop receiving text messages from the text messaging program, reply STOP to the telephone number from which you no longer wish to receive messages (i.e. the telephone number from which text messages are being sent). You may also contact Customer i.e. the telephone number from which text messages are being sent). You may also contact Customer Service at text messaging program. You acknowledge that after replying STOP, you may receive an additional communication confirming your opt-out status. Following such confirmation message, no additional text messages associated with the program will be sent to you unless you reactivate your subscription. This will only opt you out of the specific text messaging program associated with that mobile number. After opting out of receiving text messages, you cam always re-enroll 1-800-649-4637 anytime to opt-out of our text messaging program. You acknowledge that after replying STOP, you may receive additional communications confirming your opt-out status. Following such confirmation message, no additional text messages associated with the program will be sent to you unless you reactivate your subscription. This will only opt you out of the specific text messaging program associated with that telephone number. After opting-out of receiving text messages, you can re-enroll into our text messaging program by following the instructions for that program, at anytime. We would be happy to welcome you back.

Support/help: If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You may also receive help by contacting Customer Service at 1-800-649-4637.

11.Privacy Policy: Your use of the Company Sites is subject to our {PRIVACY POLICY}, which we may amend from time to time, and you hereby agree to its terms.

12.Customer Conduct: You agree not to engage in any of the following activities:
(i) interfere with or inhibit the use of the Company Sites by other users;
(ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others, etc.);
(iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information;
(iv) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites;
(v) post any comment or product review on the Company Sites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or
(vi) use the Company Sites in a manner that would violate any of these Terms & Conditions or any applicable laws. We may investigate any reported violation of these restrictions or other provisions in the Terms & Conditions. If we determine that you are in violation of our Terms & Conditions, we may take any action that we deem appropriate, and you potentially may be subject to liability. Such action may include, without limitation, issuing warnings, immediate termination of your Account, removal of posted content, and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators and, in doing so, we may disclose any relevant information as provided in Company’s {PRIVACY POLICY}.

13.Intellectual Property:
a.Access to Company Sites: The Company grants you the limited right to access and make use of the Company Sites as a user. The Company Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Sites (the "Content") are owned by or licensed to the Company. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms & Conditions shall be construed to convey any property right or license to the Content unless expressly provided to the contrary.
b.DMCA. We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Company Sites, you must notify us and give us an opportunity to correct the problem before taking any other action by sending an email to the following address: customerservice@laithwaites.com. The notification must include all of the following:
(i) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
(ii) a description of the copyrighted work or other right you claim has been infringed or violated;
(iii) information reasonably sufficient to locate the material in question on the Company Site;
(iv) your name, address, telephone number and e-mail address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

14.Third Party Servicers and Release: You may have contact or other interaction with third parties in connection with clicking third party links on the Company Sites and being directed to third party websites (the "Third Party Servicers"). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Servicers ("Third Party Claims"). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS NOT ATTRIBUTABLE TO THE COMPANY’S NEGLIGENT OR INTENTIONAL ACTS

15.Disclaimer and Notice of Violations:
a."As Is." THE COMPANY SITES AND THE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITES IS SOLELY AT YOUR OWN RISK.
b.Good Faith Compliance. The Company Sites may be accessed from many locations. You acknowledge and agree that consumer protection laws vary by location and that the Company has made a good faith attempt to comply with all such applicable laws, including, by way of example and not limitation, the California Subscription Act and similar statutes in other states. You agree that you will notify the Company if you believe that it is not in compliance with any laws and provide the Company with an opportunity to cure any alleged violations before invoking the Dispute Resolution mechanisms set forth in {Section 22}.

16.Termination: The Company reserves the right to terminate your Account and/or any Wine Club memberships at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in {Section 3} (titled "Contact Information") above. You acknowledge and agree that any orders shipped before such termination are non-refundable. Sections 11-24 of these Terms & Conditions shall survive any such termination.

17.Modification: The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Your continued use of the Company Sites or your Account following such notification will be confirmation of your acceptance of such changes, except that the Company will give you prior written notification of material changes to the terms of your Wine Club membership and provide you with an opportunity to cancel your Wine Club membership. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites.WE RESERVE THE RIGHT TO CHANGE THE TERMS OF ANY PRODUCTS, GOODS, OR SERVICES THAT WE OFFER AND/OR YOU PURCHASE. THIS INCLUDES WITHOUT LIMITATION CHANGES TO PRICES, SHIPPING AND HANDLING, DELIVERY TIMES, AND/OR PACKAGE CONTENTS. ALL PRICES, DISCOUNTS, AND PROMOTIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, HOWEVER, WE MAY NOT CHANGE OUR PRICES MORE THAN ONCE IN ANY PERIOD OF TWELVE (12) CONSECUTIVE MONTHS IN AN AMOUNT GREATER THAN $10.00, UNLESS A CHANGE IS A MATERIAL INCREASE THAT ARISES IN CONNECTION WITH A CHANGE IN ANY INCREASE IN COSTS TO THE SUPPLIER OR SHIPPER. AT OUR DISCRETION, UNLESS REQUIRED BY LAW, WE MAY PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGES.

18.Indemnification: You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to:
(i) your misuse of the Company Sites;
(ii) anything you post to the Company Sites;
(iii) your violation of these Terms & Conditions;
(iv) your violation of the rights of any third parties; and/or
(v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.

19.Limitation of Liability:TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

20.Governing Law: These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of New York pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.

21.Notice for California Users: Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

22.Dispute Resolution, including Arbitration and Class Action Waiver:
a. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at the address provided in {Section 3} (titled "Contact Information") above, and we will send our notice to you at your billing address. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. b.IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION, SUBJECT TO SECTION 22(F) BELOW. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our {PRIVACY POLICY} (including any dispute as to its breach, termination, enforcement, interpretation or validity), the Company Sites, any promotional offers or any product or service provided under or in connection with our relationship will be resolved exclusively by binding arbitration, subject only to Section 22(f) below. The arbitration shall be conducted before JAMS using a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures (or their replacement) that are in effect at the time the arbitration is initiated and under the terms set forth in this Customer Agreement. The arbitrator shall be chosen by mutual agreement from a slate of ten (10) potential arbitrators proposed by either you or us and, if you and we are unable to agree, the arbitrator shall be chosen by the JAMS administrator. In the event of a conflict between the JAMS rules and these Terms & Conditions, these Terms & Conditions shall govern. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT, other than as provided in Section 22(f) below. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms & Conditions. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.
c. The arbitration will be conducted at the JAMS office nearest to your hometown, unless you and we mutually agree to a different location or to a telephonic arbitration. If you decide to initiate arbitration after you and we are unable to resolve the dispute between us, we will pay the costs of the arbitration proceeding, including the arbitrator’s fees and case management fees, for claims in which you or we seek less than $10,000 from the other party. For claims in which you or we seek $10,000 or more from the other party, we shall evenly share the costs of arbitration. If you are required to pay a fee or deposit to JAMS to initiate your arbitration, we will reimburse you. We will not, however, pay your attorney’s fees. To start an arbitration, you or we must do the following three things:
i. Write a Demand for Arbitration. The demand must include a description of the dispute and the amount of damages or other relief sought. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
ii. Send two (2) copies of the Demand for Arbitration, plus the appropriate case management fee (which we will reimburse to you upon proof of payment) and reference to these Terms & Conditions to: JAMS 620 Eighth Ave., 34th Floor New York, NY 10018 1-212-751-2700
iii. Send one (1) copy of the Demand for Arbitration to the other party.
d. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
e. You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, retailers, licensors, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the JAMS Class Action Procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this Section 22 that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this Section 22, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
f. In lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The provisions of Subsection 22(e) above remain effective, even if you elect to file in a small claims court.

24.Waiver of Statutory Claims:" By agreeing to these Terms & Conditions, you are giving up statutory claims or rights that you may have under your state’s laws, including claims for certain forms of relief or for attorneys’ fees. You agree that your waiver of any such laws does not violate your state’s laws, including, by way of example and not limitation, New Jersey’s Truth-in-Consumer Contract, Warranty & Notice Act.

25.Miscellaneous:
a. Severability. In the event that any provision of these Terms & Conditions (other than Subsection 22(e)) is declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
b. Entire Agreement. These Terms & Conditions, our {PRIVACY POLICY} and the terms and conditions that may be posted on the Company Sites or of any promotional offers we make and you accept ("Company Sites Agreements") constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Sites Agreements. These Company Sites Agreements, including these Terms & Conditions, shall not be modified other than in writing.
c.Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided in {Section 3} (titled "Contact Information") above.
d.Assignment. These Terms & Conditions are personal to you and your Account. You may not assign these Terms & Conditions without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will inure to the benefit of the Company’s successors, assigns and licensors.
e.Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
f. Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of
(i) any provision of any present or future law or regulation of any state or of the United States,
(ii) any act of God, war, civil unrest or emergency condition, or
(iii) any other circumstances beyond the reasonable control of the Company.
g.Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.
h.Errors and Inaccuracies. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites.

PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company using the information in {Section 3} (titled "Contact Information") above to request a hard copy of these Terms & Conditions.

Terms & Conditions Effective as of the Following Date: December 7, 2023

Privacy Policy

This privacy policy (the "Privacy Policy") sets forth the data protection and privacy practices and procedures of Direct Wines, Inc., a Delaware corporation, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "Company," "we," "our" or "us"), and applies to the URL, Laithwaites, and all other websites, social media pages and accounts owned by the Company (individually, and collectively, the "Websites"), and all mobile applications owned by the Company (together with the Websites, collectively, the "Company Sites").

Please take the time to review all terms of this Privacy Policy. By using the Company Sites, including, without limitation, by participating in the Wine Services, you agree to accept the terms of this Privacy Policy. If at any time you do not agree to the Privacy Policy, please do not use the Company Sites.

California residents have specific rights that are described below and may vary from the rights of other residents.

TYPES OF INFORMATION COLLECTED AND HOW IT IS USED
Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to create a personal account with the Company (the "Account") or to log in to the Company Sites as a guest (the "Guest Log-In"), and to take advantage of the various products and/or services, including, without limitation, the opportunity to purchase wine and related products from licensed retailers in their state and to register as members of the various wine clubs that the Company services (the "Wine Clubs") (collectively, the "Wine Services"). The sale and delivery of orders purchased by consumers will be executed and fulfilled by third party retailers holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine.

Notice At Collection and Use of Personal Information
Although many areas of the Company Sites do not require registration and may be accessed by you without you having to disclose any personal information, when using the Wine Services and or other aspects of the Company Sites, we or our service providers may collect and use the following categories of information, some or all of which may be considered personal information:
(a)Identifiers and other personal information such as your name, date of birth, billing address, shipping address, email address, telephone number, mobile number, account number, password, Internet Protocol address, and credit card information.
(b)Data obtained from you in connection with our SMS service which include your mobile phone number, your carrier's name, opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Program services.
(c) Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(d) Internet or other network activity, such as information concerning your interaction with the Company Sites and their content and the devices you use to interact with the Company Sites.
(e) Sensory data, such as audio recordings of our telephone calls with you, and other electronic or similar information.
(f) Inferences drawn from other personal information, such as a profile reflecting your preferences in wines and delivery methods, and any of your preferences that you share with us.

We collect personal information from you when you voluntarily provide it directly to us and directly from you or indirectly from your or from your browser or mobile device when you engage in activities on the Company Sites. We also receive personal information from partners, cooperative databases, and personal information supplementation services, and share personal information with such sources.

We use the personal information we collect for various commercial and business purposes, including to:

(a)create your Account;
(b)permit a Guest Log-In to the Company Sites;
(c)create a shopping cart and/or process your orders placed in connection with the Wine Services;
(d)register a Wine Club membership;
(e)contact you, for example, if there is an issue with any orders placed through our Wine Services or your Wine Club membership;
(f)send you email communications, and/or newsletters you have requested;
(g)respond to questions or other requests;
(h)inform you of new products, services, promotions, and offers and those of our Brand Partners (as defined below) through email, postal mail, telephone or other means;
(i)contact you with respect to your use of the Company Sites or changes to the Privacy Policy or other Company policies;
(j)make available, administer, and improve the Company Sites and the content, features and services provided by the Company Sites, as well as customer service;
(k)update, supplement and maintain the accuracy and completeness of our information;
(l)use for our internal business purposes;
i. Carry out market research. We use a specialist third party market research company to assist with this research.
ii. Record our telephone calls with you to assist with training and quality-control purposes, and to ensure we can deal with any complaints or queries you may have in relation to your order.
iii. Post and share wine reviews you have made on our site (including your ‘nickname’) with online advertisers so that they might appear in search results for us and our wines.
(m)send you other notices in order to comply with applicable laws and regulations;
(n)verify your age;
(o)to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;
(p)manage your contact preferences and requests, including requests concerning how we use and share your data; and
(q)for other purposes disclosed at the time you provide your personal information.
(r)Understand your likes and dislikes, what wines you want to hear about and how best to contact you to inform you about them.


Depending on the activity, some of the personal information we collect is required and some is provided by you voluntarily. If you do not provide the required information for a particular activity, you may not be permitted to engage in that activity. The personal information that you directly provide to us to create your Account will be available for viewing by visiting the Company Sites and entering your personal log-in information that you create when registering your Account. By creating an Account, you may also utilize the "My Wine Cellar" feature of your Account, which tracks your order history, status of pending orders, favorites, preferences, credits, and Wine Club memberships. If you choose not to create an Account but to instead place orders by using a Guest Log-In, you may contact the Company to review or update the personal information you have provided by using the telephone numbers and/or addresses listed below under the heading entitled "Contact Information." If you ever use a public computer to access the Company Sites, we strongly encourage you to log out at the conclusion of your session. We may permit you to log into your Account via social networks, but please note that by doing so, your use of a social network will be governed by such social network's privacy policy and terms and conditions. Please remember that it is your responsibility to protect the confidentiality of your login and password data.

The Company Sites are directed to adults aged twenty-one (21) or older.

Non-PII

When you visit the Company Sites, we may also collect certain non-personally identifiable information from you ("NPII"), including, without limitation, website usage information about how our visitors use and navigate the Company Sites, including the number and frequency of visitors to each web page, the duration of their stays, the visitor's browser and operating system, the domain name of each visitor's Internet service provider, and certain other information (e.g., clickstream data). We may aggregate IP addresses into NPII, to report aggregate information to our business partners or to audit use of the Company Sites. We may share NPII with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.

We and our partners may also collect certain information automatically, including through the use of cookies, web beacons and other technologies. We use "cookies" (i.e., small pieces of information placed on your computer hard drive) on certain parts of the Company Sites. Cookies allow websites to remember user activity and visits to a site. We use cookies on the Company Sites to determine the number of unique visitors we host on the Company Sites over any given period of time, to direct you to an appropriate retailer based on your shipping state and to keep track of items placed in the "shopping cart" during a visit to the Company Sites. We do not use cookies to collect personal information. You can program your computer to warn you each time a cookie is being sent, or disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, by blocking all cookies you may not have access to certain features on the Company Sites. We may use third party advertising companies to serve ads or conduct email campaigns on our behalf. These companies may also employ cookies to provide services to us.

We and advertising companies that we use may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Company Sites. Pixel tags help us analyze users' online behavior and measure the effectiveness of the Company Sites and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no personal information. We work with service providers that help us track, collect and analyze this information. We may also track certain information about the identity of the Company Sites you visited immediately before coming to the Company Sites. We do not otherwise track any information about your use of other Company Sites. Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may combine the NPII collected through cookies, pixel tags, action tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Company Sites, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes. Ads appearing on the Company Sites may be delivered to users by us or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that it believes will be of most interest to you. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers. If you wish to opt-out of such advertising, third-party available third-party tools to opt-out include the

Digital Advertising Alliance and the Network Advertising Initiative.

WITH WHOM INFORMATION MAY BE SHARED

Except as disclosed in this Privacy Policy, the Company does not share your personal information with unaffiliated third parties, other than as described below concerning Brand Partners. We may disclose your personal information to outside individuals and/or companies for the business purpose of helping us:
(i) bring you the products and services we offer;
(ii) create, operate and maintain the Company Site(s); and
(iii) with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, website(s) hosting, monitoring, analytics, promotions management, survey taking and mobile payment processing.

With social media and online advertising companies for marketing and review purposes

We may share information we hold about you with social media companies (such as Facebook) to enable them to display our advertisements to you. We will do so only if we have permission to send you e-mail marketing. If you have opted out of email marketing, we will share your email address solely to ensure you do not receive advertisements on social media.
Similarly we may share information we hold about you with consumer review companies (such as Trustpilot) to enable them to send customer review e-mails on our behalf. If you have opted out of email marketing your details (name and email address) will not be shared. The customer review company retains this information for 1 month after which it is deleted.
We may also use information we hold about you to identify similar customers (known as lookalikes) on social media websites. We may share this information (which may include name, email address, telephone number, and your purchase history with us) directly with social media companies. A part of this process would be to exclude you from receiving those advertisements intended for new customers.
We provide these third-party individuals and/or companies only with the information they need to perform their services. For mobile payment processing, the mobile payment service providers will provide your information to your mobile telephone service provider to bill you directly. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We collect Interaction events on our sites, such as button clicks, mouse movements, page navigation, key presses, and more. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to your personal information.
We work with certain strategic partners (the "Brand Partners") in connection with the creation and operation of various co-branded Wine Clubs, which are promoted by us and our Brand Partners. We disclose only the personal information required to make these particular Wine Clubs work and to support your membership with them, which typically includes your name and/or email address, as well as information regarding the purchases you make through the particular Wine Club. We disclose this information to our Brand Partners under an agreement that requires that they maintain the confidentiality and security of your personal information in the same manner the Company does. If you do not wish to receive marketing, promotional, or other communications from our Brand Partners, you must contact them directly. We may sell, transfer or otherwise disclose user information, including personal information, in connection with a corporate merger, consolidation, the sale of all or substantially all assets or of a business group, or other corporate change of the Company. We may disclose information about our users, including personal information, when legally required to do so at the request of governmental authorities conducting an audit or investigation, or to verify or enforce compliance with the policies governing the Company Sites and applicable laws, rules, and regulations. We may use IP addresses to identify users in cooperation with Internet service providers or law enforcement agencies, and may also disclose user information whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests or safety of the Company Sites, our users or others. The Company may share NPII with third parties. We may use and share aggregated and anonymous NPII to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us. We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.

CHANGING YOUR PREFERENCES; OPT-OUT
You may opt out of your subscriptions to receive marketing mailings or e-mail communications from the Company at any time by (a) following the instructions to "opt-out" of future marketing communications contained within the direct mailing, or e-mail, that you receive from the Company, or (b) by sending us an email or writing to us at the addresses listed below under the heading entitled "Contact Information." Please allow up to ten (10) business days for changes to take place. During that time, you may continue to receive such communications from us that were already in process.

You can opt out of accepting cookies or disable them from your browser. The "help" function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Company Site(s) that are available to other users. For example, we may use cookies to recognize you by name when you return to a Company Site so you don't have to login again and provide your password.
If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received. Additionally, we partner with Rakuten Advertising, which may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads, and other commercial purposes. For more information about its collection, use, and sale of your personal information and your rights, please visit these links: Privacy Policy and Your Rights

LINKS TO OTHER SITES AND CONTENT ACCESSIBLE THROUGH THE COMPANY SITES
Our Company Sites may include links to other websites whose privacy practices may differ from ours. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with the Company Sites or for the privacy practices of third parties. If you submit personal information to any of those websites, your personal information is governed by the privacy statements of those websites. We encourage you to carefully read the privacy statement of any website you visit.

SECURITY
While the Company strives to secure your personal information, even reasonable security measures do not guarantee the security of any information you transmit via the internet, including to the Company. The Company cannot guarantee that information it seeks to protect will be protected under all circumstances, including those beyond its reasonable control. You acknowledge and agree that you transmit information to the Company via the Company Sites at your own risk. Additionally, please be advised that if you share emails you receive from the Company with others, you may be unintentionally sharing your personal information contained in these emails with such parties and acknowledge that you will be sharing at your own risk.

CHILDREN
The Company Sites are directed to adults aged twenty-one (21) or older. We do not knowingly collect personal information from children under thirteen (13) years of age. We will promptly delete any information later determined to be from a user younger than thirteen (13) years of age.

CONSENT TO TRANSFER
The Company Sites are located in the United States. Your personal information will be processed and shared in the United States. Your data will also be processed in the United Kingdom and accessed from the United States. Data protection and privacy regulations in the United States may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Company Sites or providing us with your information, you consent to this transfer.

MODIFICATIONS
The Company may modify this Privacy Policy from time to time. If we make any substantial changes in the types of personal information we collect or how we use it, we will inform you of such changes by posting a revised notice on our Company Sites and such changes will be effective when posted. Unless you inform us otherwise, we will use your personal information consistent with the Privacy Policy currently in effect. It is your responsibility to review any such changes or updates and check the Company Sites from time to time to be sure you understand all terms and conditions, agreements and policies of the Company Site(s) and are in compliance with them. Your continued use of the Company Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.

CALIFORNIA and OREGON PRIVACY RIGHTS
This section governs the rights of California residents. In the event of a conflict between this section and another section of this Privacy Policy, this section shall govern. If you are a California resident, California Civil Code Section 1798.83 permits you to request information with respect to the disclosure of your personal information by us to third parties for such third parties' direct marketing purposes. We are only required to respond to a particular customer's request for such information once during a calendar year. To make such a request, please send us an email or write to us at the addresses listed below under the heading entitled "Contact Information."
In addition, please note the following:
(a)Users can visit the Company Sites anonymously.
(b)We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Company Sites.
(c)Our Privacy Policy link can easily be found on the page specified above.
(d)Users will be notified of any privacy policy changes on our Privacy Policy page.
(e)Users are able to change their personal information by emailing us or by calling us.
(f)Some Internet browsers include the ability to transmit "“Do Not Track" signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time.
(g)We allow the collection of users' behavioral tracking (but not personal information) by third parties. We do not authorize the collection of personal information on the Company Sites by third parties.
(h )We treat Global Privacy Control signals as opting out of the sale and sharing of information and targeted advertising requests under applicable state laws (e.g., California Consumer Privacy Act).

Rights and Choices for California Residents
The California Consumer Privacy Act ("CCPA") provides California residents with specific rights regarding their personal information. This section describes California residents' CCPA rights and explains how to exercise those rights. If you are a resident of a state other than California, we may respond to requests in ways that differ from responses that are required only under California law.

Third-Party Selling & Sharing
We may sell your Personal Information to third parties who are not our Service Providers ("Third Parties"). We may also share Personal Information with Third Parties for cross-context behavioral advertising or targeted advertising purposes. Any time we use the word "share" or its derivatives in this Privacy Policy, we mean sharing for cross-context behavioral advertising or targeted advertising purposes. In the past twelve months we have sold or shared Personal Information as described in the table below. We do not knowingly sell or share Personal Information of individuals under 16 years of age.

Category of Recipient	Categories of Personal Information Disclosed	Share and/or Sell
Providers of consumer goods or services	Identifiers; commercial information; characteristics of protected classification; professional or employment-related information; audio, electronic, visual, thermal, olfactory, or similar information; Internet or other electronic network activity information; Personal Information as described in Cal. Civ. Code § 1798.80(e); and inferences drawn from the above Personal Information	Sell
Ad networks and social media companies	Identifiers: commercial information; characteristics of protected classification; professional or employment-related information; audio, electronic, visual, thermal, olfactory, or similar information; Internet or other electronic network activity information; Personal Information as described in Cal. Civ. Code § 1798.80(e); and inferences drawn from the above Personal Information	Sell and Share
Data brokers	Identifiers; commercial information; characteristics of protected classification; professional or employment-related information; audio, electronic, visual, thermal, or similar information; Internet or other electronic network activity information; Personal Information as described in Cal. Civ. Code § 1798.80(e); and inferences drawn from the above Personal Information	Sell

Consumer Privacy Rights
Laws in various states provide residents of those states with specific rights regarding their Personal Information. We provide the rights as described below to consumers.

The Right to Opt-Out of the “selling” or “sharing” of personal information, or of “targeted advertising” based on their personal information:
You have the right to opt-out of the sale or sharing of your personal information. California law broadly defines “sale” such that it may include allowing third parties to receive certain information, such as IP address and/or browsing behavior to deliver interest-based (also called targeted) advertising to you.

Correction:
You have the right to request that we correct inaccurate personal information that we may have collected about you.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your request, we will disclose to you:

1. (a) The categories of personal information we collected about you.
2. (b) The categories of sources for the personal information we collected about you.
3. (c) Our business or commercial purpose for collecting or selling that personal information.
4. (d) The categories of third parties with whom we share that personal information.
5. (e) The specific pieces of personal information we collected about you.
6. (f) For your personal information we sold or disclosed for a business purpose, two separate lists disclosing:
   • (1) For sales, a list identifying the personal information categories.
   • (2) For disclosures for a business purpose, a list identifying the personal information categories.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
(a) Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
(b) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
(c) Debug products to identify and repair errors that impair existing intended functionality.
(d) Debug products to identify and repair errors that impair existing intended functionality.
(e) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.
(f) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
(g) Comply with a legal obligation.(h)Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Please note that because we archive and keep track of past transactions, the Company will deny requests to delete information associated with past transactions or archived information on the Company Sites.


Non-Discrimination Rights
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
(a)Deny you goods or services
(b)Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
(c)Provide you a different level or quality of goods or services.
(d)Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to at the Contact Information provided below or on at our website at: Deletion Request Link
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a request for access or data portability twice within a 12-month period.

Verification:
You must provide sufficient information to allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Our processes for verifying requests include matching identifying information that we already have on record to provide services to the customers.
In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request.
a) For a Specific Pieces Report, we will request your name, email, and partial address to verify your identity.
b)For a Categories Report, we will request name, email, and partial address to verify your identity.
c)For a Right to Delete request, we will request your name, email, and partial address to verify your identity.
We may request alternative information under certain circumstances and will inform you if such information is needed in the verification process.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Right Not to Sell or Share Personal Information You have the right to opt-out of us selling your personal information. The contributing of personal information to a cooperative database may be considered a sale of that information under the CCPA. For an opt-out request and additional information concerning your right to opt-out, click on this link: Do not sell or share my personal information. You may also contact us through the Contact Information provided below.
Non-Discrimination Rights
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• (a) Deny you goods or services.
• (b) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• (c) Provide you a different level or quality of goods or services.
• (d) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

DATA RETENTION
We will retain your personal information for as long as needed or permitted, depending on the reason for which it was collected and consistent with applicable laws. We take the following into account when deciding how long to keep your information:
- Whether the information is needed to provide services to you;
- Whether the information is needed for billing or records purposes
- Whether the information is needed for analysis, understanding market trends and/or audit purposes and to improve our services;
- Whether the information is needed to establish, exercise or defend legal claims;
- Whether the information is needed to carry our fraud detection and prevention;
- Whether we have your consent to retain the information; and/or
- Whether there is any other statutory or legal requirement to retain the information.
We take reasonable measures to destroy personal information in a secure manner when it is no longer required.

FINANCIAL INCENTIVES
We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights. However, we may offer you certain financial incentives permitted by the California Consumer Privacy Act (CCPA) and the Colorado Privacy Act (CPA). Please review our Financial Incentives Notice available at LINK for more information.

SHINE THE LIGHT REQUEST
You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

AUTHORIZED AGENTS
Authorized agents may exercise rights on behalf of California consumers, but we reserve the right to also verify the consumer directly as described above. Authorized agents may use the webform located on our homepage to exercise rights on the consumer’s behalf. We will require the agent to demonstrate authority to act on behalf of the consumer by providing, for example, evidence of the agent’s identity, proof of registration with the California Secretary of State (if the agent is a business), and at least one of the following evidencing proof of the agent’s legal authority to act on the behalf of the individual consumer:


- Presenting a Power of Attorney granted under the Probate Code that we can reasonably verify; or
Signed permission by the consumer. We may also require the consumer to verify their own identity directly with us and to directly confirm with us that they provided the authorized agent permission to submit a request.

NON-CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

FILING A COMPLAINT WITH THE DIVISION OF CONSUMER SERVICES
Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.


For Connecticut, Colorado, and Virginia Residents

Residents of Connecticut, Colorado, and Virginia have certain rights in relation to their personal information, including the right to request access to, correction, or deletion of their personal information, and to opt-out of the sale or sharing of their personal information to a third party and/or the processing of personal information for the purposes of (i) targeted advertising and/or (ii) profiling in furtherance of decisions that produce legal or similarly significant effects.

Residents of Connecticut, Colorado, and Virginia can exercise the right to opt out of the sale of personal information by going to the footer of the website and clicking on the “Do Not Sell or Share My Personal Information” link. Such residents may exercise certain other rights with respect to their personal information by clicking here or emailing us at customerservice@laithwaiteswine.com.

CONNECTICUT AND COLORADO PRIVACY RIGHTS
Connecticut residents can exercise their rights in relation to their personal information, including the right to request access to, correction or deletion of their personal information, by clicking here or emailing us at customerservice@laithwaiteswine.com. Connecticut residents can exercise the right to Opt-Out of the sale or sharing of personal information by going to the footer of the website and clicking on the “Do Not sell or Share My Personal Information” link.

FOR VIRGINIA RESIDENTS

Virginia residents have certain rights in relation to their personal information, including the right to request access to, correction or deletion of their personal information, to limit the use of their sensitive personal information and to opt-out of the sale or sharing of their personal information to a third party and/or the processing of personal information for the purposes of (i) targeted advertising and/or (ii) profiling. Virginia residents may request to (i) opt-out of targeted advertising or by clicking here or emailing us at customerservice@laithwaiteswine.com. Virginia residents may exercise certain other rights with respect to their personal information by submitting a request here or by emailing us at customerservice@laithwaiteswine.com.

NEVADA RESIDENTS

If you are a Nevada consumer, you have the right to request that a company not sell your personal information for monetary consideration to certain other parties.  This right applies even if your personal information is not currently being sold.  If you are a Nevada consumer and wish to exercise this right, please submit your request by filling out the form after clicking on this Do Not Sell or Share My Personal Information.

ASSIGNMENT
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

DISPUTES
Any disputes regarding this Privacy Policy are subject to our Terms & Conditions, including that this Privacy Policy will be governed by the laws of the State of New York, applicable to agreements made and performed in New York, and the Dispute Resolution Policy therein. THE DISPUTE RESOLUTION POLICY INCLUDES A REQUIREMENT THAT ANY DISPUTES BE SUBMITTED TO ARBITRATION (NOT TO A COURT OR A JURY) AND A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. See Link to Terms & Conditions SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE TERMS & CONDITIONS MAY NOT APPLY TO YOU.


CONTACT INFORMATION
If you have any questions or comments about our Privacy Policy, or would like to review or update the PERSONAL INFORMATION that you have provided to us, please contact us at:

Phone: 1-800-649-4637

Mail: Laithwaites Attn: Customer Service, PO Box 7133, Port St. Lucie, FL 34985-9898

Email: customerservice@laithwaiteswine.com

EFFECTIVE DATE OF POLICY
This Privacy Policy is effective as of November 20, 2024.