Our website address is: https://brownjug.wine.

Liquor Stores USA North Inc. d/b/a Brown Jug

Brown Jug Wine Club Terms OF USE AND PRIVACY POLICY

TERMS OF USE

Last updated: December 14, 2020

NOTICE: Unless otherwise indicated, this work represents copyrighted material and other intellectual property protected by United States and international law. This work may not be copied, used, reproduced, downloaded, disseminated, published, transferred or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording or information storage and retrieval, except with the express written permission of the publisher. This work may not be edited, altered, or otherwise modified, in whole or in part, except with the express written permission of the publisher.

General Definitions:

In addition to other definitions as may be set out below, as used in these Brown Jug Wine Club Terms of Use:

“Affiliates” means associated business concerns or individuals which, directly or indirectly, control, are controlled by, or under common control with the Company, and specifically includes Afognak Native Corporation and its direct and indirect subsidiaries and their joint ventures and associated business concerns, and Alutiiq, LLC and its direct and indirect subsidiaries and their joint ventures and associated business concerns.

“Club” means the Brown Jug Wine Club.

“Company” or “we” or “us” or “Brown Jug” means Liquor Stores USA North Inc. d/b/a Brown Jug. Depending on the context, “Brown Jug” may also mean any of the retail stores and other businesses operated by the Company under the name Brown Jug, Brown Jug Fine Wine, Spirits and Beer, or similar.

“E-mail Address” means the Company’s e-mail address at customerservice@brownjugalaska.com.

“Member” means a member of the Club, whether joined directly or by way of a gift membership.

“Membership” means each membership account of a Member in the Club, including a gift membership, that has been approved and accepted by the Company.

“Terms of Use” means all of the terms of these Brown Jug Wine Club Terms of Use and Privacy Policy as they currently exist or may exist in the future, and as may be amended, modified, added to or replaced from time to time.

“Website” means www.brownjugalaska.com and other websites as added from time to time by Company about which the Members are notified.

Binding Agreement; Membership and Benefits:

(a) By submitting a Membership Application for the Club or using a gift Membership, the Member acknowledges and agrees that the Member has read these Terms of Use, understands them, and agrees to be legally bound by them. IF ANY PERSON DOES NOT AGREE TO ABIDE BY THESE TERMS OF USE, PLEASE DO NOT SUBMIT AN APPLICATION, USE A GIFT MEMBERSHIP OR USE THIS WEBSITE. The Member’s acceptance of these Terms of Use creates a binding agreement governing the terms of the Member’s Membership in the Club and no other statements, representations, materials or related information will alter or amend these Terms of Use, except as specifically referenced in these Terms of Use and such revisions to these Terms of Use instituted by the Company in accordance with these Terms of Use.

(b) Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms of Use, Members are entitled to receive the selected monthly wines and additional Member benefits as provided from time to time by the Company and depending on the Membership level selected by the Member as described on the Website. The selection of wines for any month, as appropriate for each Membership level, will be at the sole discretion of the Company. Only individuals, and not corporations or businesses, are eligible to enroll as Members. Only one person can be enrolled per Membership, and accounts under the same name and address will automatically be combined. Membership benefits are only useable by the Member and/or his or her spouse. Notwithstanding anything published to the contrary with respect to Club benefits, not all Membership benefits are the same for all Members, and some special promotional offers, benefits and communications may be based on Club participation, information supplied by the Member or the volume or type of purchases made by a Member. In order to be eligible for Membership benefits, a Member’s account must be (1) open, (2) in good standing and (3) current Membership fees must have been paid.

Fees:

Fees for Memberships, wine dinners and wine tastings must be paid online at the Website through a third-party online portal; the Company will not retain a Member’s credit card information. All fees for Memberships and associated charges are automatically billed to the Member’s credit card, except that gift Memberships are billed to the credit card of the person ordering the gift Membership. By becoming a Member, the Member authorizes the Company to charge the Member’s credit card on the first of every month in which wines will be provided for pickup. All fees charged are non-refundable except as expressly set forth in these Terms of Use. Notwithstanding when fees are billed to a Member, a Member will not receive his or her monthly wines until the next month after his or her Membership commences.

Membership Period and Renewal:

All Memberships are on a period selected at the time of signup by the Member. The Membership automatically renews each period of selected Membership, subject to cancellation as provided in these Terms of Use.

Cancellation; Changes by Member:

Subject to the terms below in this section, a Member may cancel his or her Membership at any time, except that gift Memberships cannot be cancelled or refunded. Each Member is responsible for maintaining accurate and updated personal information in his or her Membership records. A Member may make changes to his or her Membership account and information, change Membership levels, edit payment details and make other changes to his or her Membership, including cancelling a Membership, by submitting the change or request via email to the Company’s E-mail Address. All changes, including Membership cancellations, must be received at least thirty (30) days prior to any charge in order to be effective to avoid that charge. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge. In the event of any issues or discrepancies regarding Membership benefits, the Company must be notified within thirty (30) days of the Member’s original transaction by contacting the Company at the E-mail Address.

Pickup of Wine; Changes in Pickup Schedule:

E-Mails will be sent to Members notifying them know when their wines are ready to be picked up at the Member’s preferred pickup location. Pickup locations are limited to those Brown Jug locations in Alaska designated by the Company on the Website in its sole discretion. A Member may, via the Website, designate another person to pick up the Member’s wine as long as the designated person provides identification at the time of pickup proving that he or she is the designated person and is at least 21 years old. If the Member does not pick up the wine within sixty (60) days after notification by the Company, the Member’s order for that month will be canceled and the Member will have no right to a refund of any money paid for such order, and the Company may thereafter return, sell or otherwise dispose of the wine as it sees fit in its sole discretion.

Damage/Returns:

If the Member’s wine, at the time of pickup, is received damaged, spoiled or otherwise defective in condition, the Member must within thirty (30) days of pickup contact us at the Company’s E-mail Address regarding the damage and the Company may, in its sole discretion, provide a replacement wine or a refund for the wine, which is the Member’s sole and exclusive remedy for damaged or defective product.

Wine Dinners and Wine Tastings:

Reservations for the Club’s wine dinners and wine tastings and dinners must be made online on the Website, and must be paid for online as directed on the Website at the time reservations are made. Members agree that all fees charged for wine dinners and wine tastings are non-refundable if reservations are cancelled within fifteen (15) days of the date of the dinner or tasting. If reservations are cancelled prior to fifteen (15) days before the dinner or tasting, a full refund will be issued to the person making the reservation. Please allow up to thirty (30) business days for the refund to post the credit card charged for reservations. All wine dinner and tasting dates/times are subject to change. If reservations are made prior to the change of date/time, there will be a notice sent to all reservations that the date/time has changed ensuring that the changes are able to be accommodated by the party who made the reservation. If the party is unable to uphold the change in date or time, a full refund of fees will be issued to the person who made the reservation. The refund will be credited back to the credit card which was used at the time of securing the reservation. Due to wine dinners and wine tastings having a limited capacity of attendees, if reservations are made through the Website and the Company is unable to honor the reservations, a full refund will be issued.

Limitations; Legal Compliance; Allergies:

(a) Member benefits and Memberships are non-transferable. No Member may sell, assign, transfer, or otherwise convey by contract, operation of law or otherwise any of its rights or benefits, or delegate any of his or her duties, under these Terms of Use or that Member’s Membership. The foregoing does not apply to gift Memberships purchased by Members.

(b) Membership and all goods, services and benefits provided by the Company, including wines, are only available to residents of the State of Alaska. Membership in the Club is void where prohibited, and by joining the Club the Member represents that his or her Membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. The Member agrees to comply with all applicable laws, rules, regulations and orders, including without limitation, laws governing the possession and use of wine and alcoholic beverages.

(c) Wines will be provided only to persons who are at least 21 years old. In joining the Club, the Member represents and warrants to the Company that the Member is at least 21 years old and any person picking up the wine will be at least 21 years old. When the Member’s wine is picked up, the person receiving the product will be required to show identification proving Membership (except if that person has been designated by a Member to pick up the wine) and that he or she is at least 21 years old. Wines provided by the Club are not for resale and are for personal consumption only. Member discounts and benefits are not valid with other special offers or discounts offered by the Company.

(d) Some wines contain sulfites and other allergens. Each Member is responsible for knowing whether he or she is allergic to sulfites or other allergens in the wine purchased from the Club. The Company is not responsible and will not be liable for a Member’s allergic reaction to any of the wine.

The Company’s Rights; Changes and Termination:

(a) Membership and its benefits and features are offered at the Company’s sole and absolute discretion. The Company reserves the right, without limitation and at its sole discretion, at any time and from time-to-time, without prior notice or liability and for any reason whatsoever:

(1) to amend, modify, add to or replace any of these Terms of Use;

(2) to terminate, change, limit, modify, or cancel (i) any level of Membership, or (ii) any benefits or features of any level of Membership;

(3) to cancel, suspend, or revoke any Membership of any Member, without further obligation to the Member or others;

(4) to terminate or suspend the Club; or

(5) to terminate or suspend a Member’s access to the Website. Termination may result in the forfeiture and destruction of all information the Member has placed on this Website.

(b) Updated Terms are binding immediately upon being posted in these Terms of Use. A Member’s continued participation in the Club or access to or use of the Website after such posting will constitute that Member’s acknowledgment of the updates and that Member’s consent to abide and be bound by the updated Terms. Each Member should periodically visit the Website to review the current Terms.

Privacy Policy:

The Company’s Privacy Policy (the “Privacy Policy”) describes how the Company protects the Member’s privacy when they use this Website. The Privacy Policy appears on this Website and is part of and is incorporated into these Terms of Use. A Member’s use of the Company’s Website is subject to the Privacy Policy.

Unavoidable Delay:

In the event of any circumstances outside of the control of the Company and that prevent, hinder or delay the Company from performing its obligations, including but not limited to acts of God, acts or inactions of the Government in either its sovereign or contractual capacity (including delays or failure to issue permits and authorizations), fires, floods, pandemics/epidemics, quarantine restrictions, extraordinary weather conditions, earthquakes, other natural catastrophes, labor troubles (including strikes, slowdowns and lockouts), war, terrorism, riots or civil commotion, riots or civil commotion, any security breach, cyber-crime, cyber fraud, data breach, loss of access, business interruption, or information system breach or hack, or unavailability of the Website for any reason, and acts of the public enemy, or an inability to obtain supply and materials or means of shipping, the Company’s obligations will be suspended for the term of such event or the Company may elect to cancel the Club or Membership for the affected Members. In the case of cancellations for one of the reasons listed above, all Membership fees will be refunded at a prorated rate for the term of the Member’s subscription that has not been carried out.

Indemnification:

Each Member shall indemnify, defend (with counsel acceptable to the indemnified party) and hold harmless: (i) the Company and its former and current, direct and indirect parent(s); (ii) the respective former and current, direct and indirect subsidiaries, Affiliates, partners, and related companies and businesses of the persons and entities listed in (i); (iii) each of the respective former and current owners, members, shareholders, officers, directors, partners, representatives, agents, employees, insurers and reinsurers, attorneys, predecessors, successors and assigns, both individually and in their business capacities, of the persons and entities listed in (i) and (ii); and (iv) any individual or entity which could be jointly liable with any of the persons and entities listed in (i), (ii) and (iii), from and against all liabilities, losses, damages, property damage, injuries (including, but not limited to, death and bodily injury), claims, demands, suits and proceedings (including but not limited to civil, criminal, administrative and investigative), causes of action, penalties, fines, fees, costs and expenses, including attorneys’ fees and costs, of whatever nature, and whether arising by way of common law, statute, contract, tort or by any other means or bases (individually a “Claim” and collectively the “Claims”), to the extent arising out of or resulting from, in whole or in part by, (1) the breach by that Member of these Terms of Use, the inaccuracy or breach by that Member of its warranties or representations in these Terms of Use, or any inaccuracy or misrepresentation by that Member as to any information provided to the Club, (2) any act, omission, negligence (ordinary, gross or otherwise), willful misconduct or fault of that Member, including but not limited to any violations or liability arising out of any law, ordinance, regulation or order, (3) that Member’s use of and access to the Website and any third-party website, product, goods or service, (4) that Member’s violation of any third-party rights, including without limitation any privacy or intellectual property rights, or (5) that Member’s Membership or other participation in the Club, including but not limited to any changes to or termination of that Member’s Membership or the Club, or relating to any wine or other product, good or service.

Intellectual Property Rights and Restrictions:

(a) All rights, title and interests in this Website, including all of the software and code that comprise and operate the Website, and its original content, features, functionality, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, information and other materials (including metadata) provided through this Website (“Content”), are owned by the Company or its Affiliates, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name and logo, the Brown Jug names and logos, and all related names, logos, product and service names, designs and slogans are trademarks (whether registered or unregistered) of the Company or its Affiliates, and may also be subject to service mark, trade dress, copyright, patent, trade secret and other intellectual property rights owned by the Company or its Affiliates. No Member may use any of such marks or other intellectual property of the Company without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks or other protected intellectual property of their respective owners.

(b) The Company reserves all rights not expressly granted to the Members in these Terms of Use. This Website and its Content may not be copied, used, reproduced, downloaded, disseminated, published, sold, transferred or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording or information storage and retrieval, except with the express written permission of the Company. This Website and its Content may not be edited, altered, or otherwise modified, in whole or in part, except with the express written permission of the Company.

(c) Each Member agrees: (i) to comply with all applicable laws relating to his or her use of the Content and this Website; (ii) to use the Content and this Website only as expressly permitted in these Terms of Use; (iii) not to otherwise disassemble, decompile, or reverse engineer any Content or other portion of this Website; (iv) not to circumvent, disable or otherwise interfere with security-related features of the Content or this Website that prevent or restrict use or copying of any portion of the Content or this Website or enforce limitations on use of any portion of the Content or this Website; (iv) not to use the Content or this Website for any illegal purpose; (v) any scraping, automated access, or other unauthorized access to and storage of Content is prohibited; (vi) not to use this Website in any way that would interfere with or disrupt the operation of the Content or this Website, or the networks or servers relating to the Content or this Website in any manner; (vii) not to impersonate any person or entity or otherwise misrepresent a Member’s affiliation with any person or entity (including the Company); and (viii) not to upload, post, or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; or to harass or otherwise harm any other person or entity.

(d) Members have the limited, revocable license to download and print copies of any portion of the Content on the Website to which a Member has properly gained access, if the Member is accessing the Website for the Member’s own personal, non-commercial use, and only if the Member does not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content the Member downloads. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. A Member may not and or permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Website except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in the Website or its Content to any Member or anyone else, except the limited license to use the Website and its Content on the terms expressly set forth herein.

(e) Some of the information, articles and other materials displayed on the Website are provided by third parties, including, for example, wineries that produce the wines selected by the Club. Such third-parties may or may not be identified on the Website. These third-party materials are provided for your interest and convenience only. This Website may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company does not endorse thIRD-PARTY materials OR SERVICES or the third parties who supply them to us, nor does the Company warrant or represent that these materials OR SERVICES are current, accurate, complete or reliable. THE COMPANY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

Disclaimer of Warranties:

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, this WEBSITE, a member’s access and use of this WEBSITE, MEMBERSHIP IN THE CLUB, ANY WINE AND OTHER GOODS, BENEFITS AND SERVICES PROVIDED BY OR RELATED TO THE CLUB, AND ANY THIRD-PARTY WEB SITE, PRODUCT, GOODS OR SERVICE, ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND THE ENTIRE RISK OF ACCESS AND USE REMAINS WITH THE MEMBER. THE COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, AND NON-INFRINGEMENT, AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE: (A) WILL MEET A MEMBER’S NEEDS OR EXPECTATIONS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OPERABLE OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WITH THE WEBSITE WILL BE CORRECTED.

ThE WEBsite and its components are offered for informational purposes only; thE WEBsite shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via thIS WEBSITE, and shall not be responsible or liable for any error or omissions in that information.

Waiver and Disclaimer of Damages:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, each member irrevocably and unconditionally releases the company and its affiliates from each and every CLAIM arising from or related in any manner to that member’s access to and use of this WEBSITE, a member’s access and use of this WEBSITE, MEMBERSHIP IN THE CLUB, ANY WINE AND OTHER GOODS, BENEFITS AND SERVICES PROVIDED BY OR RELATED TO THE CLUB, AND ANY THIRD-PARTY WEB SITE, PRODUCT, GOODS OR SERVICE. each member irrevocably and unconditionally waives any right to make a Claim against the company and its affiliates regardless of whether the CLAIM was caused or allegedly caused by the negligence of the company or its affiliates or by any other cause.

WITHOUT LIMITING OR CONDITIONING THE FOREGOING PARAGRAPH IN ANY MANNER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL the company or its affiliates BE LIABLE FOR ANY indirect, exemplary, punitive, special, incidental or consequential losses or damages, whether in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION, loss of use, or loss of profits, business, reputation or financing, even WHERE the company or its affiliates have been advised of the possibility of such damages, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH This WEBSITE, a member’s access and use of this WEBSITE, MEMBERSHIP IN THE CLUB, ANY WINE AND OTHER GOODS, BENEFITS AND SERVICES PROVIDED BY OR RELATED TO THE CLUB, AND ANY THIRD-PARTY WEB SITE, PRODUCT, GOODS OR SERVICE.

Applicable Law; Venue:

These Terms of Use and each Member’s Membership will be governed by and construed under the laws of the State of Alaska, without regard to its laws relating to conflict of law. In any circumstances where these Terms of Use permit the parties to litigate in court, the sole and exclusive venue for such purposes shall be the state courts located in the Third Judicial District, State of Alaska.

Relationship of Parties:

The Company, its Affiliates and the Club will at all times be separate and independent of each and every Member. The Company will (a) not enter into any contract, agreement or other commitment, or incur any obligation or liability, in the name or otherwise on behalf of a Member, and (b) retain full control over the manner, methods and details by which it performs the services, features and benefits of the Club. These Terms of Use do not create, and will not be construed to create, a partnership, joint venture, other business venture or relationship, agency relationship, or employment relationship between the Company and its Affiliates and any Member.

Disputes:

Except for a claim for injunctive or equitable relief, any and all claims, controversies, or disputes arising out of or relating to these Terms of Use or the Member’s Membership, including without limitation, any claim, controversy, or dispute concerning any threatened, alleged, or actual breach of these Terms of Use or any determination, negotiation, or agreement reached by the Parties under these Terms of Use (each a “Dispute“), must be resolved exclusively as set forth in this Disputes section.

(a) The Dispute will first be submitted in writing to the Member and a designated representative of the Company who shall attempt to resolve the Dispute within thirty (30) days of such submittal.

(b) If good faith negotiations among the Member and the Company’s representative are unsuccessful within the 30-day period provided in subsection (a), and either party wishes to continue to pursue the Dispute, the parties agree to resolve the dispute by binding and final arbitration. The arbitration will be conducted by a single arbitrator selected by the agreement of the parties. The arbitrator will be a person who is legally trained and is independent of either party. If the parties are unable to agree upon an arbitrator, each party shall select one person with the qualifications set forth in the immediately preceding sentence, and the two persons so chosen shall agree upon a third person who will be the arbitrator for the Dispute. The arbitrator shall conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The parties shall bear equally the cost of arbitration, provided, however, that each party shall bear its own legal fees with respect to the arbitration unless otherwise specifically provided for in these Terms of Use. The arbitrator shall be bound to follow the provisions of these Terms of Use in resolving the dispute but shall not be empowered to award damages (such as punitive or exemplary damages) in excess of actual damages. The decision of the arbitrator will be final and binding on the parties, and any award of the arbitrator may be entered or enforced in any court of competent jurisdiction. Venue for arbitration shall be Anchorage, Alaska, at a site mutually agreed to by the parties.

(c) The prevailing party in any arbitration, court proceeding or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party an award of its actual reasonable attorneys’ fees and expenses incurred by the prevailing party. For purposes of these Terms of Use, the prevailing party will be determined based upon an assessment of which party’s arguments or positions could fairly be said to have substantially prevailed over the other party’s arguments or positions (whether affirmatively or by means of a successful defense) with respect to those claims having the greatest value or importance, as reasonably determined by the arbitrator or court. Such assessment should include evaluation of the following: the primary issues disputed by the parties; the amount of the net recovery, taking into account any offsets or counterclaims pursued (successfully or unsuccessfully) by the other party; whether the amount of the award comprises a high percentage of the amount of money sought by the claimant; and the most recent settlement positions of the parties. If no party is a “prevailing party” within the meaning of the foregoing, then no party will be entitled to recover its attorneys’ fees and expenses from the other party.

Miscellaneous:

(a) If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable in any respect, in whole or in part, such provision will be modified so as to be valid, legal or enforceable as the case may be, or if it cannot be so modified, severed from these Terms of Use, and these Terms of Use as so modified will remain in full force and effect.

(b) These Terms of Use do not create, and must not be construed as creating, any rights or interests enforceable by any person not a party hereto.

(c) These Terms of Use contain the entire understanding and agreement of the parties on the subject matter of these Terms of Use. No prior or contemporaneous statement or representation, whether oral or written, has been relied upon by the parties, except as expressly stated in these Terms of Use. These Terms of Use supersede all previously published terms and conditions in their entirety.

(d) The provisions in these Terms of Use bind and inure to the benefit of the parties and their successors and permitted assigns.

(e) Time is of the essence in each and every provision in these Terms of Use.

(f) The failure of either party to insist upon performance of any provision in these Terms of Use or to exercise any right, remedy or option provided in these Terms of Use, will neither be construed as a waiver of the right to assert any of the same or to rely on any such provisions at any time thereafter, nor in any way affect the validity of these Terms of Use.

(g) The captions and headings used in these Terms of Use are solely for the convenience of the parties and must not be used in the interpretation of the text of these Terms of Use.

(h) Each party has read and agreed to the specific language of these Terms of Use and has had the opportunity to discuss these Terms of Use with their respective legal counsel; therefore, no conflict, ambiguity, or doubtful interpretation will be construed against the drafter.

Contact Us:

If the Member has any questions about these Terms of Use of Use or this Website, please contact us at the Company’s E-mail Address. The Company will make reasonable efforts to resolve any concerns.

PRIVACY POLICY

Last updated: December 14, 2020

NOTICE: Unless otherwise indicated, this work represents copyrighted material and other intellectual property protected by United States and international law. This work may not be used, reproduced, downloaded, disseminated, published, transferred or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording or information storage and retrieval, except with the express written permission of the publisher. This work may not be edited, altered, or otherwise modified, in whole or in part, except with the express written permission of the publisher.

General Definitions:

In addition to other definitions as may be set out below, as used in this Brown Jug Privacy Policy:

“Club” means the Brown Jug Wine Club.

“E-mail Address” means the Company’s e-mail address at customerservice@brownjugalaska.com.

“Member” means a member of the Club.

“Membership” means each membership account of a Member in the Club that has been approved and accepted by the Company.

“Privacy Policy” means all of the terms of this Brown Jug Privacy Policy, as they currently exist or may exist in the future, and as may be amended, modified, added to or replaced from time to time.

“Personal Information” means a Member’s personally identifiable information supplied to the Company by the Member.

“Terms of Use” means all of the terms of the Brown Jug Wine Club Terms of Use and this Privacy Policy as they currently exist or may exist in the future, and as may be amended, modified, added to or replaced from time to time.

“Website” means www.brownjugalaska.com and other websites as added from time to time by Company about which the Members are notified.

Incorporation into Terms of Use:

This Privacy Policy is part of this Website and is part of and is incorporated into and is subject to the Club’s Terms of Use. A Member’s use of the Company’s Website is subject to the Privacy Policy.

Information Collection And Purpose of Use:

Personal Information and Use

We may require that a Member supply his or her name, physical address, telephone number, e-mail address or other Personal Information that may be used to identify and contact the Member, to verify and administer the Member’s Membership, for our internal business and for account management, for customer service and marketing, and for related purposes. For example, we may use a Member’s Personal Information to contact the Member with newsletters, marketing or promotional materials and other information about our companies and services, and each Member authorizes the Company to use his or her Personal Information to send him or her such marketing communications and special offers as part of the Member’s Membership benefits. We may also require additional Personal Information to provide specific services to you. A Member’s use of this Website will constitute such Member’s agreement to the collection and use of Personal Information in accordance with this Privacy Policy.

Anonymous User Information

Certain non-personal, anonymous information may be automatically provided to our Web servers by a Member’s computer. Additionally, certain other information (such as cookies, described below) may be transmitted by our Web server to a Member’s computer. That information does not contain any Personal Information. A Member’s use of this Website will constitute such Member’s agreement to the collection and use of such information in accordance with this policy. Specific types of anonymous information are described below:

IP Addresses

For each visitor to this Website, whenever possible, our Web server automatically recognizes the visitor’s domain name or IP address. An IP address is a number assigned to a Member’s computer when you connect to the Internet. As part of the protocol of the Internet, Web servers can identify a Member’s computer by its IP address. In addition, Web servers may be able to identify the type of browser a Member is using or even the type of computer. We collect IP addresses and related information for the purposes of system administration, to assess the traffic to this Website and to maintain and improve this Website. Although it is not our practice to link IP addresses to a Member’s Personal Information, we reserve the right to use IP addresses to identify a user when we feel it is necessary to protect the compelling interest of our business, this Website, users of this Website or others or to comply with laws, court orders, or law enforcement requests.

Log Data

Like many site operators, we collect information that a Member’s browser sends whenever a Member visits our Website (“Log Data”). This Log Data may include information such as the Member’s computer’s IP address, browser type, browser version, the pages of our Website that the Member visits, the time and date of the Member’s visit, the time spent on those pages and other statistics.

Third-Party Services

We may use third-party services that collect, monitor and analyze a Member’s information.

Cookies

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to a Member’s browser from a web site and stored on the Member’s computer’s hard drive. Like many sites, we use “cookies” to collect information. A Member can instruct his or her browser to refuse all cookies or to indicate when a cookie is being sent. However, if a Member does not accept cookies, the Member may not be able to use some portions of our Website.

Other Information

We may also request other Personal Information from a Member, or a Member may affirmatively provide us with such information. As a general matter, we try to limit the information we gather to the minimum information we need to meet our objectives for this Website and to improve our Members’ experience on this Website. If a Member sends an e-mail to the Website or otherwise affirmatively provides us with information beyond what we request, we will treat such information as having the Member’s consent to collect, retain and use such information for purposes reasonably associated with the purpose for which the Member provided the information. For example, we may retain a copy of the e-mail and any Personal Information the Member may have supplied in the e-mail to help us evaluate and improve this Website and the information we provide, train our employees and provide better service to our users.

Disclosure of Information:

We may use or provide the Member’s information (including Personal Information) internally within the Company as necessary to complete transactions as part of our standard business operations and as consistent with the authorized uses of the Member’s information as set out in this Privacy Policy.

We will not disclose a Member’s information (including Personal Information) to any third parties outside of the Company. If a Member authorizes us to share the Member’s Personal Information with our business partners and third parties, including vendors whose products are profiled on this Website, those business partners and third parties may contact the Member via e-mail, regular mail, and/or telephone with a variety of special promotions, offers, or other information that may be of interest to a Member.

Notwithstanding the foregoing, we reserve the right to disclose a Member’s Personal Information: as required by law; when we believe in good faith that disclosure is necessary to protect our or others’ rights or property; and/or to comply with a judicial proceeding, court order, or legal process served on us.

Protection of Information:

We will use commercially acceptable means to protect a Member’s Personal Information, but we cannot guarantee the security of any information transmitted over the Internet. If a Member has a user name and password for any of the features on this Website, the Member has the responsibility of keeping his or her password secret. We will not ask the Member in an unsolicited telephone call or e-mail for his or her password.

Changes:

The Company reserves the right, without limitation and at its sole discretion, at any time and from time-to-time, without prior notice or liability and for any reason to amend, modify, add to or replace this Privacy Policy. Updated terms are binding immediately upon being posted in this Privacy Policy. A Member’s continued participation in the Club or access to or use of the Website after such posting will constitute that Member’s acknowledgment of the updates and his or her consent to abide and be bound by the updated Privacy Policy. Each Member should periodically visit the Website to review the current Privacy Policy.

Contact Us:

If a Member has any questions about this Privacy Policy or the information the Member has provided to the Company, or has any questions regarding the retention of that information, please contact us at the Company’s E-mail Address. The Company will make reasonable efforts to resolve any concerns.