Terms of Use
These Terms of Use ("Terms") govern your access to and use of the Gem 73 website, including all content, features, purchases, memberships, and services made available through it (the "Site"). The Site is owned and operated by Gem 73, LLC dba Gem 73 Winery ("Gem 73," "we," "us," or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Eligibility
You may browse the Site only if you are at least the age of majority in your jurisdiction. You may purchase wine or other alcoholic beverages only if you are 21 years of age or older and legally permitted to do so. By using the site or placing an order for wine, you represent and warrant that:
you meet the applicable age requirement;
all information you provide is true, accurate and complete; and
you and the recipient will comply with all applicable laws relating to the purchase, shipment, delivery, and receipt of alcohol.
We reserve the right to request proof of age at any time and to refuse service, cancel orders, or terminate access to anyone for any lawful reason.
Changes to the Site and Terms
We may update the Site, these Terms, our offerings, and our policies at any time. Changes become effective when posted. Your continued use of the Site after changes are posted means you accept the updated Terms. We encourage you to review these Terms periodically.
Privacy
Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
Intellectual Property
All content on the Site — including text, images, graphics, logos, trademarks, trade names, product names, label artwork, photographs, video, designs, software, and overall look and feel — is owned by Gem 73 or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may view and download content for personal, lawful, non-commercial use only. You may not:
copy, reproduce, republish, distribute, modify, display, or create derivative works from Site content without our prior written consent;
use any trademark, logo, or brand element of Gem 73 without permission;
scrape, harvest, or extract data from the Site; or
interfere with the Site's operation or security.
Acceptable Use
You agree not to use the Site:
for any unlawful, fraudulent, or harmful purpose;
to violate any law, regulation, or third-party right;
to upload or transmit malware, malicious code, or harmful material;
to attempt unauthorized access to the Site, its servers, or related systems; or
to impersonate another person or misrepresent your affiliation.
We may suspend or terminate access to the Site for any violation of these Terms.
User Accounts
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to notify us promptly of any unauthorized use. We may suspend or terminate accounts at our discretion.
Products, Pricing, and Availability
All products are subject to availability. We may limit quantities, discontinue products, or change descriptions, vintages, packaging, pricing, promotions, or availability at any time without notice.
We strive to present product information accurately, but we do not guarantee that all descriptions, tasting notes, images, vintages, pricing, or other content are complete, current, or error-free. Minor variations in label, packaging, or vintage may occur.
Orders
Your order is an offer to purchase. We may accept, reject, limit, or cancel any order at our discretion, including for suspected fraud, pricing errors, inventory issues, legal restrictions, or shipping limitations. If we cancel an order after payment has been processed, we will refund the amount charged to the original payment method unless otherwise agreed.
Alcohol Sales and Shipping
Wine may be sold and shipped only to jurisdictions where such sales and shipments are lawful. We do not represent that products on the Site are available for purchase or delivery in every state or location. By ordering wine from the Site, you agree that:
you are purchasing for lawful personal use and not for resale unless expressly authorized by us;
the shipment will require age verification and an adult signature (21 years or older with valid government-issued ID) at delivery;
title, risk of loss, and responsibility for the shipment pass as permitted by applicable law and our shipping practices; and
you are responsible for providing a deliverable address where an eligible adult is available to receive the shipment.
We may delay, hold, or cancel shipments due to weather, carrier limits, compliance requirements, local restrictions, or other operational or legal concerns.
Returns, Refunds, and Order Issues
Except as required by law, all alcohol sales are final. If you believe an order was damaged, defective, incorrect, or incomplete, contact us at [email address] within [5] days of delivery. We may require photos, proof of damage, or return of the product or packaging before issuing any replacement, credit, or refund.
Memberships, Clubs, and Recurring Programs
If we offer a wine club, membership, subscription, or other recurring program, additional terms may apply and will control in the event of any conflict with these Terms. By enrolling in a recurring program, you authorize us to charge the payment method you provide for applicable recurring charges, taxes, shipping, and handling, unless and until you cancel in accordance with the applicable program terms.
User Submissions
If you submit reviews, comments, photos, feedback, suggestions, or other content to us through the Site or otherwise ("Submissions"), you grant Gem 73 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable right to use, reproduce, modify, publish, display, distribute, and otherwise use those Submissions in any media.
You represent that you own or control the rights to your Submissions, that they are accurate, and that they do not violate any law or third-party right. We may remove any Submission at any time, for any reason.
Third-Party Links and Services
The Site may contain links to third-party websites, tools, services, or platforms. We do not control and are not responsible for third-party content, terms, privacy practices, products, or services. Accessing third-party services is at your own risk.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEM 73 DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEM 73 AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEM 73'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, ANY ORDER, ANY PRODUCT, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GEM 73 FOR THE APPLICABLE ORDER GIVING RISE TO THE CLAIM; OR (B) $100.
Indemnification
You agree to defend, indemnify, and hold harmless Gem 73 and its affiliates, owners, managers, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, your violation of any law or third-party right, or any Submission you provide.
Governing Law and Venue
These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-law principles. Any dispute arising out of or relating to the Site, any order, any product, or these Terms must be brought exclusively in the state or federal courts located in Idaho, and you consent to the personal jurisdiction and venue of those courts.
Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other posted policies or program-specific terms that apply, constitute the entire agreement between you and Gem 73 regarding the Site.
Contact Information
Gem 73, LLC
21254 Chalk Hills Lane
Caldwell, Idaho 83607
208-268-8053