WE MAY FROM TIME TO TIME ASK YOU TO PROVIDE US WITH INFORMATION BY
FILLING OUT AND SUBMITTING ONLINE FORMS. FOLLOWING IS A LIST OF THE
INFORMATION WE REQUEST AND DETAILS ON HOW WE USE THIS INFORMATION.

Contact Information: If you choose to participate in
certain features and/or rewards offered through the Service, you may
provide us, and we may collect, your contact information, including your
name, mailing address, and phone number (“Contact Information”).

Checkout: We ask for your name, address and any
other relevant contact information that is required to ship your order,
and so we may contact you if we have a question about your order. We ask
for credit card information so we can fulfill your order, this
information is sent directly to our payment gateway. When you make a
purchase, your credit card will be processed by Fulkerson Winery. Please
check your credit card statement to verify that the charges have been
properly processed. We do not share any other information with third
parties, except in the case of contact or order information needed to
fulfill your order. We do not share, sell or rent email addresses.

My Account: When you create an account, we ask for
your name, address, phone number, email address, and a user name and
password. We use this information to fulfill your orders and to enable
time-saving features like express checkout. We do not share, sell or
rent this information.

Wine Club Membership: Full Membership benefits can be found here.

Rewards Card Program: Current benefits can be found on our Wine Club page.
The Rewards program is not eligible with any other discounts. Accounts
with terms, discount/wholesale status, and employees are not eligible
for the program.

Newsletter: We ask you to provide a name, email
address and profile information. We use this information only to fulfill
your request and, in the case of profile information, to help make sure
we’re sending you the type of email updates you want to receive. We do
not share, sell or rent email addresses.

Information We Don’t Collect: When you visit and
browse our site, we do not collect your name, email address or any other
personal information unless you provide it to us.

How We Use Email: After you place an order on our
site, you will receive an email confirmation and, in most cases, an
email with package tracking information once your order has shipped.

We send our Newsletter or email updates on new releases, products and
event information to subscribers only. Unsubscribe instructions are
included in each edition of the email. We do not sell, share or rent
email addresses with other companies. We do use email as a means of
receiving feedback from our customers, and encourage you to email us
with your questions or comments.

Links To Other Sites: Occasionally we provide links
to other sites we think you will enjoy. These sites operate
independently of us and have established their own privacy and security
policies. For the best online experience, we strongly encourage you to
review the policies at the individual website you are visiting.

About Information We Share With Others: We do not, under any circumstances, share, sell or rent your information to anyone.

Information We Do Not Share With Others: We do not
share, sell or trade email addresses, information collected as part of a
survey, or specific details about you or your household.

We do not contribute to or participate in shared or cooperative
databases, which give other companies access to your personal
information. We do not release credit card or financial information for
use by other companies.

For both privacy and security purposes, all transactional information
communicated between customers and our Web site is transmitted in an
encrypted format, and all credit card information is deleted from our
servers immediately after card authorization.

How To Remove Your Name From Our Mailing List: Please e-mail us with your request or call us at (607) 333-7749.

Updates To Our Information Practices: We are always
looking for ways to improve our site’s features and services and to
improve the way we communicate our information practices. As a result,
this statement is updated from time to time. We encourage you to
periodically review this page for the latest information on our privacy
practices.

Questions or Comments: For questions, comments or assistance with any privacy-related issues, we invite you to e-mail us or call us at (607) 333-7749.

Photos: Photographs and images on this site, to the
best of our knowledge, were obtained either through open source media or
are the property of Fulkerson Winery, it’s suppliers, media partners,
or affiliates.

Item images were obtained through our suppliers websites; for a list of these suppliers please call us at (607) 333-7749.

Security: We are committed to keeping secure the
data you provide us, and will take reasonable precautions to protect
your personally identifiable information from theft, loss, misuse or
alteration. Agents or contractors of the web site, who have access to
your personally identifiable information to permit them to provide
services for us, are required to keep the information confidential and
are not permitted to use this information for any other purpose than to
perform those services for us.

The information provided to the web site covered by this policy is
protected in transit by using a network protocol called Secure Sockets
Layer (SSL). SSL is the industry standard technology for secure online
transactions. Transactions are processed only from secure browsers.
These browsers encrypt the information sent using SSL, which scrambles
the data to make it extremely difficult for anyone who intercepts the
information to read it.

These terms and conditions (these “Terms”) apply to your membership
in the Fulkerson Winery Wine Club (the “Club”) whether you join through
the website available at www.fulkersonwinery.com (the “Website”) or in
person at a Fulkerson Wine Cellars, LLC (referred to as “Fulkerson
Winery”, “us”, “we”, or “our” as the context may require) location.  These
Terms are subject to change by us without prior written notice at any
time, in our sole and absolute discretion pursuant to Section 14.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND
EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE THEREFORE READ THESE TERMS
CAREFULLY.

BY CLICKING THE “SUBMIT” BUTTON ON THE ONLINE MEMBERSHIP
APPLICATION, OR BY SIGNING A HARD COPY OF THE MEMBERSHIP APPLICATION,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY
BOUND BY THESE TERMS.

YOU MAY NOT ORDER FROM US AS A MEMBER OR JOIN THE CLUB IF YOU
(A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST
21 YEARS OF AGE AND (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH
FULKERSON WINE CELLARS, LLC, ITS SUCCESSORS AND/OR ASSIGNS, OR (C) ARE
PROHIBITED FROM ACCESSING OR USING THE CLUB OR THE WEBSITE OR ANY OF THE
WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

PLEASE NOTE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW,
MEMBERSHIP IN THE CLUB IS SUBJECT TO AUTOMATIC RENEWAL PURSUANT TO
SECTION 4 OF THIS DOCUMENT.

The Fulkerson Winery staff is available to explain the benefits of
Wine Club membership and may be reached by phone during regular business
hours at (607) 333-7749.

1. Membership Benefits; Accounts: Subject to
applicable limitations and exceptions, Club members receive wines
selected quarterly by Fulkerson Winery as well as additional Club
benefits described on the Wine Club home page viewable on the Club page
on the Website, as the same may be updated from time to time.  Only
individuals meeting membership eligibility requirements may become Club
members.  Each Club membership shall correspond to one individual, and
Club memberships may not be shared or transferred between or among
individuals except through a gift membership. Club membership benefits
may not be the same for all members, and some special promotional
offers, benefits and communications may be based on factors not
satisfied by all Club members, including, but not limited to, member
geographic location. You must present your Wine Club membership card (or
other identifying credentials) with every transaction in order to
assure accurate tracking of your membership benefits.  In order to be
eligible for membership benefits, your account must be in good standing,
including being fully paid up to the current date.   Fulkerson Winery
may terminate your club membership and disqualify you from future Club
participation if you engage in improper use of Club membership (for
example, by failing to follow the Terms or allowing others to use your
membership). Fulkerson Winery is not responsible for failure
to provide you with any benefit to which you are entitled unless and
until you have notified Fulkerson Winery about such failure of benefits
within 60 days of such failure of benefits occurring.  To
report any problems regarding membership benefits, such as your failure
to receive Club benefits to which you are entitled, please notify
Fulkerson Winery by contacting us at (607) 333-7749 as soon as possible.

2. Membership Fees: Terms of payment are within our
sole and absolute discretion and payment must be received by us before
our acceptance of a membership or any other order. We accept Visa,
Mastercard, Discover, American Express, Cash, Check, and Fulkerson
Winery Gift Cards for all purchases. You represent and warrant that (i)
the credit card information you supply to us is true, correct and
complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit
card company, and (iv) you will pay charges incurred by you at the
posted prices, including all applicable taxes, if any. All fees
for Club membership, shipping charges and other related charges, are
automatically billed to the credit card on record with your membership. 
For gift memberships, the fees for the entire period of the gift
membership are charged at the time of purchase.  All fees charged are
non-refundable except as expressly set forth in these Terms.
Notwithstanding when fees are billed to a member, all Club benefits are
activated promptly upon registration in the Club. Fees are billed on the
first day of the month of the “Anniversary Quarter” (as described
below) for annual Club memberships, and the first day of the month of
each quarter for quarterly members. For quarterly members, you agree to
pay the fee for at least one shipment.

It is your responsibility to inform Fulkerson Winery of any
changes to your membership record and information. Changes to your
membership account and information, other than cancellations, may be
submitted online through the Edit Memberships page available under the
Account tab on the Website, in person at our store, or by calling
Fulkerson Winery at (607) 333-7749. All changes must be received by us
at least fourteen (14) days prior to any charge or shipment in order to
be effective to avoid that charge or shipment. Fees will be due for any
cancellations or changes not submitted to us prior to our processing
time for a particular charge or shipment, as specified above.

3. Availability: You acknowledge and agree that
wines provided through the Club may be limited in quantity and may at
times not be available at the time of your pick-up or delivery,
especially in the event that you do not pick up your wine in the period
for which such wine was offered.  Fulkerson Winery, in its sole
discretion, may substitute another item for any item that Fulkerson
Winery determines in its sole and absolute discretion is no longer
available for shipment to you or pick-up by you, without any adjustment
in price or refund.  Certain Club members may be eligible to select
available alternative wine varieties that are different from the
selected wines based on Club membership status as set forth in more
detail on the Wine Club FAQ section available on the Club page of the
Website, as the same may be updated from time to time.

4. Membership Term and Renewals: There are two
types of memberships: annual memberships and quarterly
memberships.  Each of these types of memberships can also be purchased
as a gift membership.  Any member with a membership purchased
within 60 days of the close of a quarter, will be shipped the previous
quarter’s shipment with the member’s welcome packet and this previous
quarter shall be the member’s “Anniversary Quarter” for any annual
membership. (Anniversary Quarter months are February, May, August and
November.) This may result in an annual membership term for the
first year of as little as 10 months or as many as 13 months depending
on time of signup.

Except as prohibited under applicable law, each
membership (besides a gift membership) shall automatically renew unless
you cancel such automatic renewal at least FOURTEEN (14) DAYS before the
first day of your “Anniversary Quarter” if the membership is an annual
membership or at the end of each quarter if the membership is a
quarterly one. All cancellations may only be submitted in person at our store or by calling Fulkerson Winery at (607) 333-7749. If
renewal is cancelled for any reason, membership benefits shall
terminate one (1) year from date of the last payment for annual members,
or three (3) months from the date of the last payment for quarterly
members.

5. Damage or Delay: If you have selected the
shipment option for your Club membership, the wine will be sent
quarterly.  There is no available return or exchange for wines shipped
as part of the membership, except as discussed herein.  If your wine is
being shipped, conditions outside of the control of Fulkerson Winery may
adversely affect the wine during shipment. If your wine, at the time of
delivery, is received damaged, spoiled or in an otherwise defective
state, you may contact us and Fulkerson Winery may, at its sole and
absolute discretion, send a replacement or exchange. This is your only and exclusive remedy for damaged or defective product.  Fulkerson
Winery will not refund any shipping charges, and additional shipping
and other charges will apply to deliveries to you that are returned as
undeliverable or refused. In the event of circumstances outside the
control of Fulkerson Winery which prevent, hinder or delay Fulkerson
Winery from performing its obligations, including, but not limited to,
acts of God, strikes, acts of terror, fire, destruction of facilities,
accidents, war (whether declared or undeclared), riot, governmental
action or inaction, including delays or failure to issue permits and/or
any authorizations or an inability to obtain supply and materials or
means of shipping, Fulkerson Winery’s obligations to Club members will
be suspended for the duration of such event. Fulkerson Winery may, in
its sole discretion, cancel Club membership for affected members, up to
and including cancellation of all memberships and disbanding of the Wine
Club.

6. Shipping; Taxes: Shipping costs may vary by state
and location and the amount charged by Fulkerson Winery may change from
time to time.  In addition, we may, from time to time, determine that
we are not able to complete delivery or ship wine to you. If we are
unable to ship your wine to you, we will offer you the option to change
your membership to an in-store pick up membership and you can pick up
your wines at our Winery location.  Taxes and other related charges may
change or may vary between states and locations. Sales tax, which is not
included in the membership price, may also vary by location. Fulkerson
Winery, in its sole and absolute discretion, shall collect sales tax to
the extent it determines doing so is required by any applicable local,
state or federal taxing authorities.

7. Limitations; Changes in Applicable Law: Member
benefits are non-transferable. Member discounts and benefits are not
valid in combination with any other special offers or discounts offered
by Fulkerson Winery. All goods, services and benefits provided by
Fulkerson Winery are only provided and/or shipped to such states in
which Fulkerson Winery determines it is authorized to provide such
goods, services and benefits in its sole and absolute
discretion.  Fulkerson Winery reserves the right to refuse shipment to
any state where Fulkerson Winery determines, in its sole and absolute
discretion, it is not appropriately licensed and Fulkerson Winery is
under no obligation to you to attempt to become appropriately licensed
in order to ship your order in such case.

Membership in the Club is void where prohibited, and by
joining the Club, you represent that your membership in the Club and
receipt and use of any goods or services received through the Club does
not and will not violate any applicable law, rule or regulation.  You
agree to comply with all applicable laws, rules and regulations,
including, without limitation, laws governing the possession, sale,
export and use of alcoholic beverages.  We will only sell, provide or
deliver wines to persons who are at least 21 years of age. In purchasing
or activating a Club membership, you represent to Fulkerson Winery that
you are at least 21 years of age and that any person to whom delivery
of any alcohol will be made is also at least 21 years of age. When wine
is delivered or picked up, the person receiving the wine will be
required to show Club membership documents or other credentials proving
Club membership and acceptable photo identification proving that he or
she is at least 21 years of age.  Fulkerson Winery has the right to
terminate or suspend the Club, or your membership in the Club, at any
time and for any reason whatsoever, including, without limitation,
following a change in law. You agree to follow all applicable state and
federal laws regarding any product that you receive as a result of your
membership in the Club.  YOU ARE NOT ENTITLED TO ANY REFUNDS FOR
ANY SUCH CANCELLATION.  FULKERSON WINERY, IN ITS SOLE AND ABSOLUTE
DISCRETION, MAY, HOWEVER, REFUND YOU A PORTION OF MEMBERSHIP FEES PAID
FOR WINE THAT WE ARE NOT ABLE TO SHIP TO YOU BASED ON A CHANGE IN ANY
APPLICABLE LAWS, RULES OR REGULATIONS.

Wine provided or delivered by Fulkerson Winery under these
Terms to Club members is not for resale or export and is for personal
consumption only.

8. Personal Information:  If you are concerned about
how the information you provide to Fulkerson Winery is used, or have
any questions regarding the retention or use of said information, please
visit the Privacy Policy section or contact Fulkerson Winery directly
at (607) 333-7749 for more information.

9. Invalidity of Terms: If any provision of these
Terms is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions shall nevertheless continue
in full force without being impaired or invalidated in any way.

10. No Waiver:  Fulkerson Winery’s failure to
exercise or delay in exercising any right, power or privilege under
these Terms shall not operate as a waiver; nor shall any single or
partial exercise of any right, power or privilege preclude any other or
further exercise thereof.

11. Governing Law: These Terms shall be governed,
construed, and enforced in accordance with the laws of the State of New
York, without regard to its conflict of laws rules that would cause
another jurisdiction’s laws to apply.

12. Venue: Any litigation in any way relating to
these Terms shall be brought and venued exclusively in state and federal
courts residing in Monroe County, New York, and you hereby consent to
the jurisdiction of these courts and waive any objection that such venue
is inconvenient or improper.

13. Entire Agreement:  These Terms constitute the
entire agreement between you and Fulkerson Winery in respect to your
membership in the Club and the goods, services and benefits provided by
Fulkerson Winery related to your membership in the Club.

14. Change in Terms: Fulkerson Winery and
only Fulkerson Winery may, in its sole discretion, modify the Terms or
add or delete any of the Club membership rules, conditions, benefits or
rewards, in whole or in part. Fulkerson Winery may make any such changes
at any time, with or without notice. To review the most recent version
of these Terms, please regularly visit the this “Terms & Conditions”
page of the Website. Your continued use of the Club after a posted
change in these Terms will constitute your acceptance of and agreement
to such changes. Any change or revision shall not apply to
disputes of which Fulkerson Winery had notice on or before the date of
the change or revision.

15. Limitation of Liability; Disclaimer: BY
JOINING THE CLUB, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE
CLUB, THE GOODS AND SERVICES PROVIDED BY FULKERSON WINERY, AND ALL OTHER
BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” BASIS AND
WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.

OUR LIABILITY TO YOU RESULTING
FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES
OR BENEFITS YOU HAVE RECEIVED OR FAILED TO RECEIVE THROUGH CLUB
MEMBERSHIP OR OTHERWISE WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL
AMOUNT PAID BY YOU TO US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE
FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL,
REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF
REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

BY JOINING THE CLUB, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS FULKERSON WINERY AND ITS AFFILIATES, AND RESPECTIVE OWNERS,
EMPLOYEES, AGENTS, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS FROM ANY
AND ALL LOSSES, CLAIMS, DAMAGES, COSTS AND EXPENSE RELATED TO YOUR
MISREPRESENTATION OF ANY INFORMATION PROVIDED BY YOU TO FULKERSON
WINERY, YOUR BREACH OF ANY OF THESE TERMS OR MISUSE OF ANY OF THE GOODS,
SERVICES OR THE BENEFITS OF MEMBERSHIP IN THE CLUB.

IN ANY DISPUTE, NEITHER YOU NOR FULKERSON WINERY WILL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLUB MEMBERS
OR CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY
CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY.

These terms and conditions (these “Terms”) apply to your participation in and access to the Fulkerson Winery Rewards Program (the “Program”) whether you join through the website available at www.fulkersonwinery.com (the “Website”) or in person at a Fulkerson Wine Cellars, LLC (referred to as “Fulkerson Winery”, “us”, “we”, or “our” as the context may require) location. These terms to not in any way alter, amend or modify or change any other agreement you may have with Fulkerson Winery. If you do not agree to the Terms & Conditions, you must cease participation in the Program. These Terms are subject to change by us without prior written notice at any time, in our sole and absolute discretion.

THESE TERMS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

The Fulkerson Winery staff is available to explain the benefits of Rewards Card Program and may be reached by phone during regular business hours at (607) 333-7749.

The Program is offered at the sole discretion of Fulkerson Winery, and Participation in, and benefits of the Program may be modified at any time with or without notice. Program rules, terms, conditions benefits (Rewards), whole or in part, may be changed even if these changes may affect value of points in the program that have been accumulated previous to the change, the value of rewards and/or the time of redemption.

To be eligible to earn points in the system, you must sign up for the program and present your rewards card every time you shop at Fulkerson Winery (“our Store”), or on www.fulkersonwinery.com (the “Website”) if applicable. You will earn one point for every dollar spent at our Store or on the Website rounded down to the nearest dollar. Points cannot be earned on sales tax, Reward redemption, purchases prior to joining, gift cards, returned merchandise, shipping, gift certificates, or grape juice. You must present your card on any purchases returned which earned Rewards points.

You may sign up for the program by signing up in person at our Store and may require that you provide basic information including but not limited to; name, email, address, phone number, date of birth and marketing preferences. When you receive your physical Rewards card please go to the club page and register your card following the link provided. If you are concerned about how the information you provide to Fulkerson Winery is used, or have any questions regarding the retention or use of said information, please visit the “Terms and Conditions” page on our Website or contact Fulkerson Winery directly at (607) 333-7749 for more information.

Rewards (i) can be redeemed for merchandise only at our Store or on our Website, (ii) may not be redeemed for cash, gift cards, store credit, or past purchases and (iii) Rewards have no cash value and cash or store credit will not be issued for unused Rewards. YOU ARE NOT ENTITLED TO ANY REFUNDS FOR ANY SUCH UNUSED/LOST REWARDS.

The Program has no predetermined termination date and may continue until such a time that Fulkerson Winery, at its sole discretion, sets a termination date.

Abuse of the Program may result in the termination of your membership within the Program and disqualify you from future participation and may result in ineligibility in any other Program in which you may be participating that is offered by Fulkerson Winery.

You are responsible for notifying us of any Name/Address Change. Fulkerson Winery will not be responsible for lost or damaged Reward Cards AND/OR any unused Rewards that are lost as a result.

Participants in the Program must be of legal drinking age in the State of New York in order to accumulate Rewards. This Program is void where prohibited and these Terms shall be governed, construed, and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws rules that would cause another jurisdiction’s laws to apply. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

BY JOINING THE REWARDS PROGRAM, YOU UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, THE GOODS AND SERVICES PROVIDED BY FULKERSON WINERY, AND ALL OTHER BENEFITS RELATED TO THE PROGRAM ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OUR LIABILITY TO YOU RESULTING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM OR ANY GOODS, SERVICES OR BENEFITS YOU HAVE RECEIVED OR FAILED TO RECEIVE THROUGH PROGRAM PARTICIPATION OR OTHERWISE WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU TO US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FULKERSON WINERY AND ITS AFFILIATES, AND RESPECTIVE OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS AND EXPENSE RELATED TO YOUR MISREPRESENTATION OF ANY INFORMATION PROVIDED BY YOU TO FULKERSON WINERY, YOUR BREACH OF ANY OF THESE TERMS OR MISUSE OF ANY OF THE GOODS, SERVICES OR THE BENEFITS OF MEMBERSHIP IN THE REWARDS PROGRAM.

IN ANY DISPUTE, NEITHER YOU NOR FULKERSON WINERY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER REWARDS CARD MEMBERS OR CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.