MESSAGING TERMS OF SERVICE
Effective Date: July 1, 2024
Please read these Messaging terms of service (“Agreement”) carefully before signing up for any mobile messaging program from Constellation Brands, Inc., or any of its affiliates or subsidiaries (each, together with its service providers, “Company”). By texting the short code, submitting an online form, or otherwise signing up for one or more Company mobile messaging programs, you expressly consent to receive marketing and non-marketing SMS and MMS text messages (each individually, a “Text Message” and collectively, “Text Messages”) from Company, including Text Messages made with an automatic telephone dialing system (“ATDS”), at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing Text Messages is not required to purchase any goods or services.
You accept and agree to be bound by this Agreement, the Website User Agreement, our Privacy Notice, and any other applicable terms and/or agreements related to your use of Company’s services (this Agreement is limited to mobile messaging programs and is not intended to modify other terms or conditions or privacy policies that may govern the relationship between you and Company in other contexts).
FURTHERMORE, THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH COMPANY ARE RESOLVED.
Program Description
Subject to your compliance with this Agreement, Company will provide certain services to you after you have successfully and voluntarily opted in to receive Company Text Messages, even if your number is listed on the federal or state “do not call” registries. Company may use an ATDS to deliver Company Text Messages, prerecorded messages, and other services to you as part of its recurring mobile messaging programs and limited-duration mobile messaging programs. The foregoing shall not be interpreted to suggest or imply that any or all of Company’s Text Messages are sent using an ATDS. Company Text Messages are intended to provide you with information about the marketing, promotion, and sale of Company’s goods and services (including but not limited to Company-sponsored events, alerts, offers, coupons, promotions, product launches, product information, shopping cart reminders, sweepstakes and contests), as well as messages concerning payment, delivery, and other transaction related information.
Message Frequency
Upon Company's acceptance of your opt-in to receive Text Messages from Company, Company may send you a Text Message containing a response administered by Company. The number of Company Text Messages that you receive will be at Company’s sole discretion and will vary depending on (i) how many of Company’s mobile messaging programs for which you sign up to receive Text Messages and the frequency of the Text Messages sent by those programs, as well as (ii) whether you take steps to generate additional Text Messages from Company (such as by sending a HELP request). Company’s brands generally have separate mobile messaging programs. Company reserves the right to alter the frequency of Text Messages sent at any time, so as to increase or decrease the total number of Text Messages sent. Company also reserves the right to change the short code or phone number from which Company Text Messages are sent at any time.
MMS Disclosure:
Company will send SMS terminating messages if your mobile device does not support MMS messages.
Cost
While Company will not charge you and does not impose a separate fee for subscribing to or receiving Company Text Messages, message and data rates may apply for any Text Messages sent to you from Company and to Company from you in addition to any applicable roaming charges, as provided in your wireless telephone service rate plan (please contact your wireless provider for pricing plans). If you have any questions about your text plan or data plan, please contact your wireless provider.
Supported Carriers
Supported carriers may change from time to time, but currently include AT&T, Cellular One, Nextel, T-Mobile, US Cellular, Verizon Wireless, among others. The content is not compatible with all cell phone models.
Carriers are not liable for delayed or undelivered SMS or MMS messages.
Disclaimer
It is your responsibility to determine if your mobile carrier supports mobile messaging and if your mobile device is capable of receiving Text Messages. Not all mobile devices or handsets may be supported and Company Text Messages may not be deliverable in all areas. Your receipt of Company Text Messages is subject to the Terms of Service of your agreement(s) with your mobile carrier.
Company’s mobile messaging programs are offered on an “AS IS” basis and may not be available in all areas at all times and may fail due to a variety of circumstances or conditions, including but not limited to product, software, coverage, or other changes made by your wireless carrier. Company will not be liable for any delays or failures in the receipt of any Text Messages, or the security of any Text Messages, connected with Company’s mobile messaging programs. Delivery of Text Messages is subject to effective transmission from your wireless service provider/network operator and is outside of Company’s control.
Eligibility
To receive Company Text Messages, you must have a wireless device of your own, capable of two-way messaging, be a resident of the United States who is located in the United States, and be 21 years of age or older using a supported carrier with Text Message messaging service (collectively, “Eligible”). Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific Text Message instructions. By using or engaging with Company mobile messaging programs, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the messaging platform. Company reserves the right to require you to prove that you are Eligible.
How to Opt-In
If you are Eligible, in order to opt-in to receive Text Messages from a Company mobile messaging program(s), please follow the instructions provided by the specific brand from which you wish to receive Text Messages. For example, even after you have texted the five-digit short code, you may be asked to reply in the affirmative in the manner indicated in a Text Message (e.g., Y or Yes).
How to Opt-Out
If you do not wish to continue receiving Text Messages or no longer agree to this Agreement, you agree to affirmatively opt-out as set forth herein: To opt-out and stop receiving Text Messages from a specific Company mobile messaging program, text STOP to the five-digit short code for the mobile messaging program from which you no longer wish to receive Text Messages (i.e., the five-digit number from which its Text Messages are being sent). You agree that texting “STOP” to the five-digit short code is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words that alter, change, or modify the “STOP” command, such as the use of different spellings or the addition of other words or phrases to the command, or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out and Company will have no liability for failing to honor such requests. You expressly consent to, and acknowledge you may receive, one (1) final Text Message from Company confirming your opt-out of that mobile messaging program. Following such confirmation Text Message, no additional Text Messages associated with that program will be sent to you unless you re-activate your subscription. You may also opt-out in writing by contacting Company at: customerservice@robertmondaviwinery.com.com
This will only opt you out of the specific mobile messaging program associated with that five-digit short code. You will remain opted in to other Company mobile messaging programs.
Support/Help
If you are experiencing issues with a mobile messaging program or to request more information, including customer care contact information, send an email to the Company at: customerservice@robertmondaviwinery.com.com or call (888) 766-6328 ext. 3, or text HELP to the five-digit short code for the mobile messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent).
Duty to Notify and Indemnify
You represent that you are the owner, authorized user, or account holder for the mobile telephone number(s) that you use to subscribe to the mobile messaging program(s). You are responsible for notifying Company immediately if at any time you intend to stop using the mobile telephone number that has been used to subscribe to Company’s mobile messaging programs, including canceling your service plan or selling or transferring the phone number to another party. In any such case, you agree that you will complete the opt-out process set forth above prior to ending your use of the mobile telephone number. You understand that your agreement to do so is a material part of this Agreement.You agree you shall defend, indemnify, and hold harmless Company in full for all claims, liabilities, costs (including attorney’s fees), expenses, and damages (collectively “Claims”) related to or caused in whole or in part by your failure to notify Company if you change or discontinue use of your telephone number, including, but not limited to, all Claims brought by individuals who are later assigned that mobile telephone number, and/or related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 or similar state and federal laws, and any regulations promulgated thereunder, including but not limited to, as a result of Company attempting to contact you at the mobile telephone number you provided. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of Company’s mobile messaging programs.
Prohibited Content
You acknowledge and agree to not send any prohibited content, including but not limited to:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination, including but not limited to, on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and/or
- Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Termination of Text Messaging
Company may suspend or terminate your receipt of Company Text Messages if Company believes you are in breach of this Agreement. Your receipt of Company Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of any Company mobile messaging program, with or without notice.
Communications and Consent to Electronic Notices
You may communicate with Company via postal mail, e-mail, or telephone. Company may issue notices via these various channels, including by posting notices on Company’s website(s) and/or sending e-mail to an address you provide. You agree that such notices shall have legal effect. You also agree that notices posted on Company’s website(s) and sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company services or opt-in to any Company mobile messaging programs.
You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request. You may make such a request via any of the channels listed above. If you withdraw your consent, Company reserves the right to terminate your use of Company’s services and participation in Company’s mobile messaging programs.
To receive, access, and retain the notices that Company sends via e-mail or posts on Company website(s), you must have Internet access and a computer or device with a compatible web browser. You may also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By opting in to Company’s mobile message programs, you confirm that you are able to receive, access, and retain the notices that Company may send by email or post on its website(s). You may update your contact information by emailing Company or calling Company at: customerservice@robertmondaviwinery.com.com or calling (888) 766-6328 ext. 3.
Privacy
Please visit https://robertmondaviwinery.com.com/pages/privacy-notice to access Company’s privacy policy.
Changes to Terms of Service
Company may revise, modify, or amend this Agreement at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website(s). You agree to review this Agreement periodically to ensure that you are aware of any changes. Your continued consent to receive Company Text Messages will indicate your acceptance of those changes.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Company is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law
Except as otherwise provided herein, your use of the services and participation in Company’s mobile messaging programs under this Agreement is governed by the laws of the State of New York without regard to its conflict of laws or choice of law principles.
Severability
In the event that any term of this Agreement is to any extent deemed to be invalid, illegal, or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force.
Contact Us
The message programs are a service of Company, located at 50 East Broad St., Rochester, NY 14614-2102. If you have questions regarding this Agreement, please reach out to us by emailing or calling Company at the following: customerservice@robertmondaviwinery.com.com or calling (888) 766-6328 ext. 3.
Miscellaneous
You represent and warrant that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in these terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any new features, changes, updates or improvements of Company’s mobile messaging programs shall be subject to these terms unless explicitly stated otherwise in writing.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
By signing up to receive Company Text Messages, you agree that final and binding arbitration in Monroe County, New York, on an individual basis, shall be the sole and exclusive forum and remedy for any and all federal or state statutory claims, common law claims, this Agreement, or disputes regarding your participation in Company mobile messaging programs and/or your receipt or use of Company Text Messages. The Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision).
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Company or Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, 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.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.
Unless You and Company agree otherwise in writing, arbitration under these Terms and Conditions shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: Constellation Brands, Inc. 50 East Broad St., Rochester, NY 14614-2102 Attn: Legal Department. However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms of Service and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA rules. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state of New York, without regard to its conflict of laws rules.
Notwithstanding anything to the contrary in this Agreement, if Company makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Constellation Brands, Inc., 50 East Broad St., Rochester, NY 14614-2102 Attn: Chief Legal Officer, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Company.
If any term or provision of this arbitration provision is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. STODGE INC D/B/A POSTSCRIPT IS A THIRD PARTY BENEFICIARY TO THIS PROVISION OF THE AGREEMENT.
Payment of all filing, administration and arbitrator fees will be governed by the AAA rules. Arbitration under this Agreement shall be held in the United States county where you live or work, New York, or any other location we mutually agree to, subject to New York law.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by notifying Company at 50 East Broad St., Rochester, NY 14614-2102, Attn: Chief Legal Officer and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Messaging Terms of Service, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Messaging Terms of Service.