Terms of Use

Wine Institute Terms of Use

Effective Date: August 15, 2025

This Terms of Use (the “Terms” or “Agreement”) are made by and between you (“you”, “your”, or “user”) in your individual capacity and on behalf of the entity or business for which you are an authorized representative (such entity or business being an “Organization”) and Wine Institute and its affiliated California Wine Export Program (“we”, “us”, “our”, or “Wine Institute”) (each a “Party” and collectively, the “Parties”) and governs your access and use of https://www.wineinstitute.org, https://www.wineconnect.us, https://www.calwinexport.com/, and any other domain and subdomain owned, operated or controlled by us, and any Content (defined below) available through the foregoing (collectively, the “Site”).

BY ACCESSING AND/OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE OF THE SITE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. This Agreement incorporates by reference our Privacy Notice. Please read the Privacy Notice and this Agreement carefully.

SECTION 10 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ARBITRATION AND CLASS ACTION WAIVER, AND PRIVATE ATTORNEY GENERAL ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST WINE INSTITUTE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please follow the instructions in the Dispute Resolution provision below if you wish to opt out of this provision.

We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when substantive changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must discontinue use of the Site.

1. License and Restrictions to Use of the Site and Content.

a. Subject to the terms and conditions of this Agreement, Wine Institute hereby grants to you a non-transferable, non-sublicensable, nonexclusive, royalty-free, limited license to access and use the Site for personal and non-commercial purposes, unless otherwise authorized by Wine Institute under these Terms related to Member Use Content. “Member Use Content” is Content that is made available only to Members and is subject to special rights and restrictions.

b. Wine Institute reserves the right, at any time, to modify, suspend, or discontinue the Site and/or Content (in whole or in part) with or without notice to you. You agree that Wine Institute will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Site and/or Content, or any part thereof.

c. You are prohibited from using the Site and/or Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; (vi) to attempt to gain unauthorized access to or impair any aspect of the Site, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual or entity; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Site or Content in any manner that may give a false or misleading impression, attribution, or statement; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Site, disassemble the Site, or otherwise attempt to derive the source code of the software that enables or underlies the Site, except as may be permitted by applicable law; (xii) spamming or any other unsolicited advertising; and (xiii) encouraging or assisting a third-party to do any of the foregoing.

d. You are solely responsible for your use of the Site and Content and Wine Institute does not control, endorse, or approve your use of the Site or Content. Wine Institute is not responsible for any human error caused by you or any third party. Wine Institute is not obligated to review your use of the Site, and we do not regularly monitor use of the Site. However, we may choose, in our sole discretion, to review your use of the Site and take any available legal action in response to illegal and/or unauthorized uses of or access to the Site.

2. Proprietary Rights.

a. Except for User Submissions (defined below), all information, graphics, videos, presentations, photographs, format, design and other content on the Site (collectively, “Content”) and the operation and interface of the Site are protected by copyright law and other intellectual property laws and are owned by or licensed to Wine Institute or its affiliates with permission of the licensor. Except for Member’s use of Member Use Content, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of Wine Institute. You may not use our tradenames, logos, or trademarks owned by Wine Institute (“Trademarks”) without the prior written consent. Additionally, you may not use our Trademarks (a) in connection with any product or service that does not belong to us, (b) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity, or (c) in any manner that may damage our reputation. Any breach of this Agreement shall immediately terminate the license and rights granted by Wine Institute hereunder and may subject you to civil and/or criminal prosecution.

b. Subject to the terms and conditions of this Agreement and any other agreement between the Parties, Wine Institute hereby grants Authorized Users a non-transferable, nonexclusive, royalty-free, limited license to access, use, republish, display, transmit, and distribute Member Use Content for commercial purposes in connection with your or your Organization’s business in compliance with applicable laws, rules, regulations, and self-regulatory codes of conduct.

c. The Site may include functionality that allows you to submit information on or through the Site (“Interactive Functionality”), including posting, publishing, displaying, or otherwise transmitting to Wine Institute or other website visitors certain information (“User Submissions”). All User Submissions must comply with these Terms of Use and applicable laws. Any User Submissions you Post to the Site will be considered non-confidential and non-proprietary. By Posting any User Submission on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

i. You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

ii. All of your User Submissions do and will comply with these Terms of Use.

iii. You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Wine Institute, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness.

iv. We are not responsible or liable to any third party for the content or accuracy of any User Submission posted by you or any other website visitor of the Site.

3. Use of the Services; Authorized Users.

a. Authorized Users. “Authorized Users” means the individual(s) who are authorized to use a User Account as part of your organization’s membership with Wine Institute. Only Authorized Users may access the Member Hub or Portal and use Member Use Content in accordance with these Terms. All use of the Site and Content by Authorized Users must be solely for your or your Organization’s benefit and in accordance with these Terms and applicable laws. You are responsible and directly liable for all acts and omissions of Authorized Users relating to such Authorized User’s use of and access to the Site and Content.

b. Compliance with Laws. You will comply with all applicable laws that directly apply to you and your Organization, including, but not limited to, alcohol beverage codes of conduct, marketing (including, but not limited to, print, e-commerce, e-mail, and telephone), workplace safety, and insurance; intellectual property laws; import and export laws; anti-corruption Laws; data privacy and security laws; and, the U.S. Foreign Corrupt Practices Act. You acknowledge and agree that Wine Institute does not provide any legal advice related to use of Content, including Member Use Content, available on the Site.

c. Authorized User Accounts. Authorized Users must register for an Account through the Site and provide required registration data. By registering for an Account, you represent and warrant that: (i) all required registration data that you submit is truthful and accurate; (ii) you will maintain the accuracy of such registration data; (iii) you are responsible for maintaining the confidentiality of your Account login information; (iv) you are fully responsible for all activities that occur within your Account and any Authorized User(s) Account; and (v) your use of the Site will not violate any United States or other applicable law or regulation. You agree to immediately notify Wine Institute of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security. Wine Institute is not liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for paying all costs related to the transmission of data required to use the Site (downloading, installing, launching, and using). Wine Institute shall not be liable for fees charged by third parties.

4. DISCLAIMER OF WARRANTIES.

a. THE SITE AND CONTENT (INCLUDING, BUT NOT LIMITED TO, MEMBER USE CONTENT) IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WINE INSTITUTE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

b. FOR PURPOSES OF CLARIFICATION, BUT NOT LIMITATION, OF THE FOREGOING: NEITHER WINE INSTITUTE NOR ITS AFFILIATES, AND EACH OF THEIR EMPLOYEES OR AGENTS WARRANT THAT USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OF CONTENT OR ANY OTHER INFORMATION OR SERVICE PROVIDED OR OFFERED THROUGH THE SITE; (II) THAT THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN WILL MEET YOUR EXPECTATIONS; OR (III) THAT THE FILES AVAILABLE FOR DOWNLOADING OR SHARING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

5. Limitation of Liability.

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WINE INSTITUTE, ITS AFFILIATE, PARENT, OR SUBSIDIARIES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, OR OTHERWISE IN CONNECTION WITH THE SITE. WINE INSTITUTE SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE OR CONTENT. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, WINE INSTITUTE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE NATURE OF SUCH DAMAGES AND REGARDLESS OF WHETHER WINE INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. WINE INSTITUTE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. WINE INSTITUTE IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE.

c. If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit Wine Institute’s liability to the fullest extent permitted by applicable law.

6. Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, release, hold harmless, and defend (only if requested) Wine Institute, its parent and subsidiaries, and affiliates, and each of their directors, officers, employees, and agents (“Indemnified Parties”) from and against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the Indemnified Parties may incur based on claims arising out of your use of the Site, Content (including, but not limited to, Member Use Content), your User Submissions, or your violation of these Terms. Indemnified Parties reserve the right to assume the exclusive defense and control of any matter for which Indemnified Parties are entitled to indemnification. You agree to provide Indemnified Parties with cooperation we may reasonably request.

7. Communications With You.

By providing your email address to Wine Institute or contacting us, you authorize Wine Institute to communicate with you regarding your use of the Site or our services using your email address. You agree to receive e-mail communications that are necessary for the normal functioning of the Site or for operation of services or provision of information that you have requested, and to promptly comply with any and all such e-mail communications.

8. Your Representations and Warranties.

You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; (b) you are not listed on any United States government list of prohibited or restricted parties; (c) you are of sufficient legal age in your jurisdiction to enter this Agreement; (d) your access and use of the Site does not violate any agreement between you and any third party; and (e) your access and use of the Site do not violate any applicable local, state, national or international law, rule, or regulation in your jurisdiction, including, without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

9. Third-Party Websites and Content.

The Site may contain third-party content or links to third-party websites. Wine Institute is not responsible for third-party content or third-party websites, including the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by Wine Institute. Inclusion of any linked third-party website on the Site does not imply approval or endorsement by Wine Institute. When you access these third-party websites, you do so at your own risk and become subject to any terms of use and/or privacy policies of those third-party websites.

10. DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

a. Arbitration of Disputes.

i. YOU AND WINE INSTITUTE MUTUALLY AGREE TO RESOLVE ANY JUSTICIABLE DISPUTES, PAST, PRESENT OR FUTURE, BETWEEN THE PARTIES, OR BETWEEN OR AMONG YOU AND ANY OF WINE INSTITUTE EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS, EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION INSTEAD OF A COURT OR JURY TRIAL. Except as it otherwise applies, this Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), or if the Federal Arbitration Act does not apply, then the arbitration law of the State of California, and shall apply to any and all claims arising out of or relating to these Terms, Content, or your use of the Site (including without limitation the scope, enforceability, validity, or conscionability of this Dispute Resolution provision) whether arising under federal, state, or local statutory and/or common law.

ii. Notice of Disputes. If either Party initiates arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to: California Wine Institute, ATTN: LEGAL, 915 L Street, Suite #1190, Sacramento, CA 95814-3764.

b. Delegation Clause. Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution provision, including without limitation any claim that all or any part of this Dispute Resolution provision is void or voidable. One arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND WINE INSTITUTE ARE WAIVING THE RIGHT TO BRING A CLAIM IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS DISPUTE RESOLUTION PROVISION (SECTION 10). This Dispute Resolution provision is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Dispute Resolution provision are expressly excluded from the requirement to arbitrate.

c. Arbitration Procedures. The arbitration will be governed by the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, but will not be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Unless you and we agree otherwise, any arbitration hearings will take place in Sacramento, CA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator may consider, but is not bound by, rulings in other arbitrations between Wine Institute and you. The arbitrator can award the same individualized damages and relief that a court can award. Judgement on the award may be entered by any court having jurisdiction.

d. No Class Arbitration. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WINE INSTITUTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

e. Class Action Waiver. PLEASE READ. YOU AND WINE INSTITUTE MUTUALLY AGREE THAT BY ENTERING INTO THIS DISPUTE RESOLUTION PROVISION, BOTH PARTIES WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the AAA Rules, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Wine Institute may lawfully seek enforcement of this Dispute Resolution provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

f. Private Attorney General Action Waiver. PLEASE READ. THIS DISPUTE RESOLUTION PROVISION AFFECTS YOUR ABILITY TO BRING OR PARTICIPATE IN PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTIONS. BOTH YOU AND WINE INSTITUTE AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A PRIVATE ATTORNEY GENERAL REPRESENTATIVE BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTION, OR AS A MEMBER IN ANY SUCH PRIVATE ATTORNEY GENERAL PROCEEDING (“PRIVATE ATTORNEY GENERAL WAIVER”). Notwithstanding any other clause contained in this Dispute Resolution provision or the AAA Rules, any claim in court or arbitration that all or part of this Private Attorney General Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a private attorney general action and (2) there is a final judicial determination that all or part of the Private Attorney General Waiver is unenforceable, the private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Private Attorney General Waiver that is enforceable shall be enforced in arbitration. Wine Institute may lawfully seek enforcement of this Dispute Resolution provision and the Private Attorney General Waiver and seek dismissal of such private attorney general representative actions or claims. The Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

g. Your Right to Opt-Out of this Dispute Resolution Provision. PLEASE READ. ACCEPTANCE OF THIS DISPUTE RESOLUTION PROVISION IS NOT A MANDATORY CONDITION OF YOUR RELATIONSHIP WITH WINE INSTITUTE, AND THEREFORE YOU MAY SUBMIT A STATEMENT NOTIFYING WINE INSTITUTE THAT YOU WISH TO OPT OUT AND NOT BE SUBJECT TO THIS DISPUTE RESOLUTION PROVISION. In order to opt out of the Dispute Resolution Provision, you must notify Wine Institute by sending or hand delivering to California Wine Institute, ATTN: LEGAL, 915 L Street, Suite #1190, Sacramento, CA 95814-3764; email Address: legal@wineinstitute.org, a written notice signed and dated by you stating that you are opting out of the Dispute Resolution provision. In order to be effective, your opt out notice must be provided within thirty (30) days of you first using the Site. You will not be subject to retaliation as a consequence of a decision to opt out, and if you opt out you may pursue available claims and remedies in a court of law (but not arbitration). Should you not opt out within 30 days of first using the Site, continuing your relationship with Wine Institute constitutes mutual acceptance by you and Wine Institute of the Dispute Resolution provision. If you opt out of the Dispute Resolution provision, you and Wine Institute will continue to be mutually bound by all other terms of these Terms. The right to opt out described in this paragraph applies only to the Dispute Resolution provision and not any other provision of these Terms.

h. Severability. Except as otherwise provided in the Dispute Resolution provision, in the event that any portion of this Dispute Resolution provision is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Dispute Resolution provision shall be given full force and effect.

i. Future Changes to this Dispute Resolution Provision. If Wine Institute makes any changes to the Dispute Resolution provision of these Terms (other than a change to the address at which Wine Institute will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution provision), you may reject any such change by sending us written notice within 30 calendar days of the change to: legal@wineinstitute.org. It is not necessary to send us a rejection of a future change to the Dispute Resolution provision of these Terms if you had properly opted out of the arbitration and group litigation waiver provisions in this Section 10 within the first 30 calendar days after you first accepted these Terms. If you have not properly opted out of the arbitration and group litigation waiver provisions in this Section 10, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution provision, as modified by any changes you did not reject.

11. Governing Law; Jurisdiction and Venue.

To the extent that the Agreement allows you or Wine Institute to initiate litigation in a court, other than for small claims court actions, you agree that this Agreement and all matters relating to your access to, or use of, the Site will be governed by the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Sacramento County, California, for any dispute arising out of or relating to this Agreement and the parties waive any objection based on venue or inconvenient forum.

12. 501(c)(6) Accessibility Notice.

Wine Institute prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability and marital or familial status. Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact communications@wineinstitute.org.

13. Miscellaneous.

Wine Institute’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. Wine Institute may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Wine Institute. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be modified, if possible, to lawfully effect the intent of the parties and shall not affect the existence or enforceability of any other provision of this Agreement. We make no representation that any Content on the Site is appropriate or available for use in jurisdictions that are outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

14. Contact.

Please direct any questions or comments concerning these Terms to communications@wineinstitute.org.