THE LAZY BALLERINA, LLC (“The Lazy Ballerina Wine Bar”)

OVERVIEW

Effective Date/Last Modified: May 12, 2023

Welcome to The Lazy Ballerina Wine Bar website (lazyballerinawinebar.com) (“Site”). The Lazy Ballerina, LLC (collectively the “Company”, “we”, “our” or “us”) provides this Site for your personal use. As used throughout these Website Terms of Use (“Terms of Use”), the term “Services” means the provision of consumer and wholesale services by and through the Website.

Please read these Terms of Use carefully, as well as our Privacy Policy (which is incorporated herein) and any other notices on the Site, because they govern your use of the Site and the Services provided through the Site.

For purposes of these Terms of Use, the term “User” includes anyone accessing, using, subscribing, contacting us or making purchases through the Website.

To use the Services, you must agree to be bound by all of the terms and conditions contained in these Terms of Use. By using and accessing the Site and Services or clicking the “AGREE” box at the time you either open a The Lazy Ballerina, LLC user account or make a purchase, you are indicating that you agree to be bound by all such terms and conditions. If you do not agree to some or all of these terms and conditions, you are not authorized to access or use the Site or the Services and should not use the Site or the Services. If you do not agree to these Terms of Use, please leave this Site.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THIRD-PARTY WEBSITES AND CONTENT

Our Site, via third party websites, may provide access to outside content. Additionally, the Site may integrate third party applications, products or services that may subsequently gain access to your data. These third party applications, products and services are not affiliated with the Company and, as such, may have different policies regarding your data. Your use of these third party applications, products and services is subject to the terms and conditions and privacy practices/policies maintained by such applications, products and services. We make no representations or warranties with respect to third party applications, products or services, or how they operate, including operations involving the privacy, security, exchange and transmission of your data. We advise you to review the terms and conditions and policies/practices for all third party applications, products and services with which you engage. We do not endorse, or hold any responsibility for, the information, practices and policies they hold.

As our Company is distinct from any third party websites with whom we partner for the Services, or to which we otherwise link to through our Site, you acknowledge and agree that we are not responsible for the quality, integrity, safety, accuracy, availability, reliability or legality of such third party websites, or resources contained therein, and that we are not responsible or liable for any content, advertising, products, or other material available from such third party websites. Further, you acknowledge that our Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material or services available through any third party websites.

USE OF THE SERVICE BY MINORS

By using the Site and the Services, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement.

A parent or legal guardian of a minor may prohibit such individual’s use of the Site and the Services. If you are the parent or legal guardian of a minor and believe that such individual has used the Site and/or the Services without your consent or authorization, please contact us at info@thelazyballerinawinebar.com.

ACCESS RIGHTS

We hereby grant to you a limited, non-exclusive, non-transferable right to access the Site and the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us.

We reserve the right, in our sole discretion, to deny or suspend use of the Site and the Services to any one for any reason. You agree that you will not, and that you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or the Services to violate any local, state, national or international law; (c) reverse-engineer, disassemble, decompile, or translate any software or other components that the Site or the Services utilize, including third party platforms; (d) distribute viruses or other harmful computer code through the Site or that of our third party partners; or (e) otherwise use the Site or the Services in any manner that exceeds the scope of use granted above.

TERMINATION

The Company may suspend or terminate your use of the Site and Services for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies.

RIGHT TO MODIFY

We may, at our sole discretion, change, add or delete portions of these Terms of Use at any time. Any modifications will be communicated by posting to the Site. Continued use of the Site and the Services following notice of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

The Company is not responsible for any inaccurate or incorrect content posted on the Site or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication caused by the user, the Company or a third party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person’s computer related to or resulting from using our Site or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, or any content posted on or transmitted from the Site or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Site or the Services.

The Site is intended for use within the United States. Those choosing to access the Site outside of the United States are responsible for compliance with all local laws, including those which may apply to content on the Site which may be prohibited locally.

LIMITATIONS ON LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA; SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; COST OF SUBSTITUTE PRODUCTS OR SERVICES; BODILY INJURY OR DEATH; OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $100.00 USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES.

YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD PARTY SUPPLIERS AND PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

The failure of our Company to enforce any right or provision of these Terms of Use does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms of Use unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms of Use will remain in full force and effect.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

GEOGRAPHICAL RESTRICTIONS

The Company makes no representation that all products, services and/or material described on its Site, or the Services available through the Site, are appropriate, legal, or available for use in locations outside the United States or in all territories within the United States.

DISPUTE RESOLUTION

Except as otherwise set forth in these Terms of Use, you hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising as a result of your use of the Site or the Services, solely pursuant to the terms of the section below.

• Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).

• Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Use, the prevailing party shall be entitled to an award of their reasonable attorney’s fees and costs for such proceeding, including any related trial or levels of appeal.

• Governing Law. This agreement is governed by the laws of the State of Washington\. For any action to compel Arbitration, enforce an Arbitration award or seek injunctive relief pursuant to these Terms of Use, the parties consent to the venue of Seattle, Washington, United States, and each party expressly waives any objection to jurisdiction and venue in such courts.

• Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

CONFIDENTIALITY

See our Privacy Policy.

AGREEMENT TO SERVICE

You understand that by using the Services and the Site or checking the “AGREE” box for these Terms of Use and/or any other forms presented to you on our Site you are agreeing to these Terms of Use, as well as the Site’s Terms of Use, and that such action constitutes a legal signature.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

If you have any questions about these Terms of Use, or the Site or Services, or would like to report any violations of our Terms of Use, please contact the Company at info@thelazyballerinawinebar.com.