Terms of Service

Last Updated: Feb 03, 2025

Terms of Service

Please read these Terms of Service (this “Agreement”) carefully. This Agreement is between you and The Wine Group LLC doing business as Cupcake Vineyards (“Company” or “we” or “us”) concerning your use of (including any access to) Company’s website, currently located at https://cupcakevine.wpengine.com/ (together with any materials and services available therein, and successor website(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company.

By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by using the Site, you agree to be bound by this Agreement and affirm that you are of legal drinking age where you live and have the legal capacity to enter into this Agreement.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions or class arbitrations of any kind.

1. Changes.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your clicking or tapping any button or box marked “Accept,” “Agree” or “OK” (or a similar term) in connection with this Agreement, or your use of the Site, in each case following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.

2. Information Submitted Through the Site.
Your submission of information through the Site is governed by this Agreement and the Site’s Privacy Policy, located at https://cupcakevine.wpengine.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues.
The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4. Rules of Conduct.
In connection with the Site, you must not:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site.
• Use the Site for any commercial solicitation purposes, or transmit through or in connection with the Site, any spam, chain letters or other unsolicited communications.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Site.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Site (including any applicable device data transmission charges).

5. Resources.
The Site may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources and the Site, or any intellectual property rights therein. Resources are subject to change at any time without notice. To the fullest extent permitted under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Site, or by anyone who may be informed of the content of any Resources.

Certain weights, measures and other descriptions of products and services referenced on the Site (“Products”) are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors and appearance, however the actual colors and appearance you see will depend on your device, software and settings, and we cannot guarantee that such colors and appearance will be accurately displayed. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

6. Third Party Resources; Links.
Certain Site functionality may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of Third Party Resources, including via links; by using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources.

We neither control nor endorse, nor are we responsible for, any Third Party Resources, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Resources. We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Site at any time. In addition, the availability of any Third Party Resources through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources other than any of our affiliates (including The Wine Group and the other brands presented here), nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).

7. Transactions.
We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as details regarding your method of payment (e.g., your credit or debit card number and its expiration date, or your selection of a payment service), your billing address and, if applicable, your shipping information. You represent and warrant that you have the right to use any payment method (e.g., credit or debit card or payment service) with respect to which you submit information in connection with a Transaction. By submitting payment information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

Company reserves the right (but has no obligation), at any time and without liability or prior notice, to limit the availability of or discontinue making available any Product; to change any Product prices; to impose conditions on the honoring of, or discontinue, any coupon, discount, rebate or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Transactions may be subject to additional terms, conditions and policies; if, with respect to a Transaction, any such terms, conditions and policies conflict with these Terms of Service, such Transaction terms, conditions and policies will govern with respect to such Transaction to the extent of such conflict.

Tangible Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions with respect to tangible Products are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Registration; User Names and Passwords.
You may need to register or otherwise enter a user name, password or other data, information or credential with respect to the Site, whether provided by you or provided to you (collectively, “Access Credentials”), to use all or part of the Site. We may reject, or require that you change, any Access Credential that you provide, and we may change or terminate any Access Credential that we may provide to you, in each case in our sole discretion. Your Access Credentials are for your personal use only in accordance with this Agreement and you should keep them confidential; you, and not Company, are responsible for any use or misuse of your Access Credentials, and, in each case, you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your Access Credentials or your Site account.

9. Submissions.
Certain Site functionality may provide users with the ability to make available certain Resources through or in connection with the Site (each, a “Submission”). Company has no control over and is not responsible for Submissions, any use or misuse (including any distribution) by any third party of Submissions or for any of your interactions with other Site users. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.

10. Your Submissions, Your Product Photos and Feedback.
For purposes of clarity, you retain ownership of each Submission that you post or submit to, or otherwise make available through or in connection with, the Site (each, “Your Submission”). You hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition to the foregoing, if you choose to publicly share any images of any Product through any social media website or online service or other publicly available online service (any such image, “Your Product Photo”), including any such image accompanied by a hashtag (i.e., a word or phrase preceded by “#”) reference using any of our trademarks or any other terms, slogans or keywords referencing Company or its products and/or services, you hereby grant to Company a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Product Photo (including any name, signature, voice, image, likeness, performance, movements, personal characteristics, gestures and mannerisms (collectively, “Likeness”) of a natural person included in Your Product Photo), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Site or otherwise), and Your Product Photos and your provision thereof to any social media website or online service or other publicly available online service, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.

Without limiting the foregoing, you specifically represent and warrant that you have all rights necessary to grant the licenses granted in this section with respect to any Likeness of a natural person included in Your Submissions or Your Product Photos.

11. Monitoring.
We may (but have no obligation to) monitor, moderate and/or analyze your use of the Site, and monitor, moderate, analyze, alter and/or remove Submissions before or after they appear on the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

12. Your Limited Rights.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view and use any portion of the Site to which we provide you access under this Agreement, solely in accordance with the functionality that we make available to you, solely for your personal, non-commercial use.

13. Company’s Proprietary Rights.
As between you and us, we own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, logos and copyrightable works available through the Site are the property of their respective owners and nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or copyrightable works without the express prior written consent of the owner. Our trade names, trademarks and service marks include Cupcake Vineyards and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

14. Promotions.
Any sweepstakes, contests, raffles, surveys, games, coupons, rebates or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.

15. Disclaimer of Warranties.
To the fullest extent permitted under applicable law: (a) the Site and any Resources (including any Third Party Resources and Products) are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Site and any Resources (including any Third Party Resources and Products), including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).

While we seek to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at info@cupcakevineyards.com with a description of such alteration and its location on the Site.

16. Limitation of Liability.
To the fullest extent permitted under applicable law: (a) no Company Party will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising out of or in connection with the Site or this Agreement, under any contract, tort (including negligence), strict liability or other theory, including damages for diminution of value, loss of profits, loss of revenue, loss of business, loss of use or data, loss of goodwill, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, no Company Party will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Resources (including any Third Party Resources or Products), including from any Virus that may be transmitted in connection therewith; (c) except as set forth in Section 7 above (including in accordance with Company’s return or exchange policies), your sole and exclusive remedy for dissatisfaction with the Site or any Resources (including any Third Party Resources or Products) is to stop using the Site; and (d) the maximum aggregate liability of all Company Parties, collectively, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be equal to the greater of (i) the total amount, if any, paid by you to Company in connection with this Agreement during a twelve (12)-month period; and (ii) twenty U.S. dollars ($20). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the each of the other Company Parties.

Applicable law, other than any applicable law in the State of New Jersey, may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. For the avoidance of doubt, if you are a resident of the State of New Jersey, the immediately preceding sentence does not apply to you.

17. Indemnity.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless each Company Party from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to (a) your use of, or activities in connection with, the Site (including Your Submissions); or (b) any violation or alleged violation of this Agreement by you.

18. Termination.
This Agreement is effective until terminated. Company may terminate this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your Access Credentials, Your Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2-11 and 13-24 will survive any termination of this Agreement.

19. Governing Law; Arbitration; Class Action Waiver.
This Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law that would cause the application of the laws of any other jurisdiction, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by mail to The Wine Group LLC, Attn: General Counsel, 17000 East Highway 120, Ripon, CA 95366, within 30 days of the earlier of (a) the date you first use the Site; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with this Agreement. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

20. Parental Control Protections.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

21. Information or Complaints.
If you have a question or complaint regarding the Site, please send an e-mail to info@cupcakevineyards.com. You may also contact us by writing to Cupcake Vineyards Information Request/Complaint, 17000 East Highway 120, Ripon, CA 95366, or by calling us at (925) 456-2500. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement Claims.
We are committed to respecting the legal rights of copyright owners, including those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available from the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Site, you may send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (the “DMCA”). See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our designated DMCA agent as follows: By mail to Anna Catarina, The Wine Group LLC, 4596 Telsa Road, Livermore, CA 94550; by e-mail to copyright@TheWineGroup.com; or by fax to 209-836-6355. You can also reach our DMCA agent at the following telephone number: 925-456-2500.

We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is Company’s policy to terminate, in appropriate circumstances, a Site user’s right to use the Site if they are deemed by Company to be repeat infringers.

23. Export Controls.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

24. Miscellaneous.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail to the most recent email address that you have provided to us (including in each case via links), or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Site ©2025 The Wine Group LLC unless otherwise noted. All rights reserved.

Privacy Policy

Privacy Policy

The Wine Group LLC, doing business as Cupcake Vineyards (“we”, “us”, “our”) wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect or you provide through our websites that link to this Privacy Policy (the “Sites”). By using our Services, you agree to this Privacy Policy.

Last Updated: February 3, 2025

Use of Sites or Services by Minors
The Sites or Services are not directed to individuals under the age of twenty-one (21). We do not knowingly collect Personal Information from individuals under 21, and we request that individuals under 21 do not use or access the Sites or Services and that they do not provide Personal Information through the Services. If we learn that we have inadvertently collected Personal Information from a user under the age of 21, we will delete such information from our records. If you believe someone under the age of 21 has provided us with Personal Information in violation of this Privacy Policy, please contact us as set out below in the “Contacting Us” section, so that we may remove this personal information.

Personal Information

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Personal Information we may collect includes:

• Name
• Postal address (including billing and shipping addresses)
• Telephone number
• Email address
• Credit and debit card number and security code
• Account username and password
• Social media identifier
• Birth date

Use of Personal Information

We and our service providers may use Personal Information:

• To respond to your inquiries, fulfill your requests, fulfill your orders of our products.
• To send administrative information to you, such as changes to our terms, conditions, and policies, as well as marketing communications that we believe may be of interest.
• To personalize your experience with the Services by presenting products and offers tailored to you and to facilitate social sharing functionality.
• To allow you to participate in sweepstakes, contests, surveys and similar promotions and to administer these activities. Some of these activities may have additional rules containing information about how we use and disclose your Personal Information. Please read those rules carefully.
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities, and similar purposes.
• We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Sites and Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Sites and Services.

Disclosure of Personal Information

Your Personal Information may be disclosed:

• To our affiliates for the purposes described in this Privacy Policy.
• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services. To service providers, such as attorneys, accountants, etc. in order for them to provide services on our behalf.
• To third-party sponsors and fulfillment vendors of sweepstakes, contests, surveys and similar promotions.
• To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity. By connecting your Site account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Site account and do not participate in social sharing on the Sites.
• To third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law and respond to requests from public and government authorities; (b) to enforce our terms and conditions; and (c) to protect and/or defend our rights, privacy, safety or property, and/or that of our affiliates, you, or others.

If you are a Canadian resident, we may transfer Personal Information that we collect about you outside of Canada, including the United States, for the purposes set out above, and including for processing by third-party service providers in connection with those purposes. Our third-party service providers may perform processing activities outside of Canada.

Online Activity Information

Online activity information we may collect includes means:

• Device Identifiers
• Cookies
• Beacons
• Pixel tags
• Mobile ad identifiers and similar technology
• Other forms of persistent or probabilistic identifiers
• Internet Protocol address
• Browsing and search history
• Other information regarding your interaction with websites, applications, or advertisements

Collection of Online Activity Information

We and our service providers may collect Online Activity Information:

• Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Sites you are using. We use this information to help ensure that the Sites function properly.
• Using cookies: Cookies are pieces of information stored directly on the device that you are using. Cookies allow us to collect information such as browser type, time spent on the Sites, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Sites, as well as for online tracking purposes. We can recognize your computer to enhance your use of the Sites. We also gather statistical information about the usage of the Sites in order to periodically improve the design and functionality, understand how the Sites are used and to assist us with resolving questions regarding the Sites. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Sites. We may also use cookies in online advertising to track responses to our advertisements and we may use cookies or other files to track your use of other websites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Sites. For example, we may not be able to recognize your computer and you may need to log in every time you visit the Sites. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
• Analytics: We may use analytics services, which rely on cookies and similar technologies to collect and analyze information about use of the Sites and Services and report on activities and trends.  These services may also collect information regarding the use of other websites, apps and online resources.
• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Sites (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Sites and response rates.
• Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Sites. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Site Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites or our online content.
• IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Sites, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We collect and use IP Addresses for purposes such as calculating usage levels of the Sites, helping diagnose server problems, and administering the Sites.

Other Information

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. Other Information we may collect includes:

• Demographic information and other information provided by you that does not reveal your specific identity
• Aggregated information

Collection of Other Information

• From you: Information such as your state of residence and your preferred means of communication is collected when you voluntarily provide this information.
• By aggregating information: We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Service and share aggregated information like general user statistics with prospective service providers. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

Third Party Advertisers


We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites, based on information relating to your access to and use of the Services and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site, social media platform or service to which the Services link. Please review any third-party privacy policies to learn how they handle your Personal Information. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

Data Retention & Destruction

We retain your Personal Information only for as long as it is needed to accomplish the purpose for which it was collected, or as required by law, whichever is longer. We do not retain Personal Information for longer than is necessary for the purpose for which it was collected. When we are no longer required to retain your Personal Information, we will destroy it or render it anonymous. We also retain the right to use aggregated data for business purposes.

Security

We use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

Choices and Access

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by using the opt-out mechanism contained in each such email.

If you would like to update Personal Information that you have provided to us, you may contact us in accordance with the “Contacting Us” section below.

Jurisdictional Issues


This Privacy Policy shall be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of California, U.S.A., as applicable. Any dispute arising under or in relation to this Privacy Policy shall be resolved exclusively through the courts of the United States (including federal arbitration law) and the State of California, U.S.A., as applicable.

California Consumer Privacy Act (CCPA) Privacy Notice

Last Updated: February 3, 2025

Cupcake Vineyards has prepared this California Consumer Privacy Act (“CCPA”) Privacy Notice (the “Notice”) to inform California residents of (1) the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household (“Personal Information”) that we collect and how we use and disclose that information, and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised.

This Notice is incorporated into and forms part of our Privacy Policy. By accessing or using the Service, you agree to the practices described in this Notice. If you do not agree to this Notice, please do not access the Site or otherwise use the Services.

Personal Information Collection and Disclosure


The following tables below are intended to provide additional information about our collection and disclosure of Personal Information which we may have collected from you within the past 12 months. Nothing in this Notice limits our ability to use or disclose information as described in our Privacy Policy.

Personal Information Collected From Customers and Site Visitors

Additionally, we may disclose each of the above categories of Personal Information for Customers, Site Visitors and Applicants for Employment:

• To third parties in the event of a merger, acquisition, sale or other business combination or divestiture.
• To service providers, such as attorneys, accountants, etc. in order for them to provide services on our behalf
• To third parties and government entities, including law enforcement, as necessary for our compliance with our legal obligations or to protect our rights or the health and safety of our employees or the public.

Your rights under the CCPA

Where provided for by law and subject to any applicable exceptions and exclusions, California residents may have the following rights:

• You have the right to know:
  • what categories and specific pieces of Personal Information we have collected about you;
  • the categories of sources from which Personal Information are collected;
  • our business or commercial purpose for collecting, using, or disclosing Personal Information;
  • the categories of third parties with whom we share Personal Information; and
  • the categories of Personal Information we have sold or disclosed for a business purpose.
• You have a right to request, no more than twice in a 12-month period, that we disclose to you the specific Personal Information we have collected about you during the past 12 months.
• You have the right to opt-out of the “sale” of your Personal Information. The Wine Group does not make your Personal Information available for purchase or otherwise share your information in exchange for monetary compensation. Certain sharing of your information, however, may be considered a “sale” under the CCPA’s broad definition. In particular, in the last 12 months, if you have visited the Sites, we may have shared your Identification Information and Online Activity Information with advertising service providers and social media platforms to match and serve our targeted advertisements on third-party websites. (You can find additional information about how you can control and delete cookies here.)
• You have a right to request deletion of your personal information.
• We will not discriminate against you based on your exercise of your CCPA rights.

How can a consumer with a disability access this Notice?


Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this Notice.

How to Submit a Request

To submit a request, click here or call our toll-free phone number 1-844-524-4386.

Verifying Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your Personal Information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign into your account. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may require you to provide additional Personal Information for verification and, in certain circumstances, sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. If we cannot verify your identity, we will not provide or delete your Personal Information.

Authorized Agents

You may submit a request through an authorized agent using the same methods available to you. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent signed permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above), and confirm that you have provided the agent permission to submit the request.

Additional Information

Employees and contractors are provided notice via different statements.

Contacting Us

If you have questions or concerns regarding this Notice or the practices described, please email us at privacy@cupcakevineyards.com or call our toll-free phone number 1-844-524-4386.

Updates to this Privacy Policy


We may change this Privacy Policy from time to time without notice. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Sites. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contacting Us
If you have any questions about this Privacy Policy, please contact us at PrivacyPolicy@TheWineGroup.com.

Join us