Disclaimer

Terms of Use

Introduction

Welcome to The Ferocious Grape, the friendliest wine store in town! You should carefully read the
following Terms of Use (“Terms of Use”) before using our web site. By accessing or using our web
site, or our web store at www.winestore.ferociousgrape.com or https://ferociousgrape.foxycart.com, you acknowledge and agree to be
bound by the Terms of Use provided herein. Although we will make every effort to post changes to
the Terms of Use as soon as they occur, the Terms of Use can be modified at any time without prior
notice to you and the continued use of this web site as well as www.winestore.ferociousgrape.com is
determinative of your acceptance of any modifications to the Terms of Use. You are responsible for
regularly reviewing the Terms of Use.

In the event you do not agree with the Terms of Use, please refrain from using our web site.

General Provisions

The sale of alcoholic beverages is heavily regulated. You are responsible for compliance with laws,
particularly in connection with the shipment of alcoholic beverages, applicable to purchasers and
consumers of alcoholic beverages. The web site www.winestore.ferociousgrape.com is limited in its
ability to ship alcoholic beverages to particular persons or to certain places, in particular outside of the
Province of Alberta. Together, our Terms of Use and Privacy Policy constitute the agreement between
you, our customer and www.winestore.ferociousgrape.com.

Proprietary Rights

This web site and the web site for our wine store, www.winestore.ferociousgrape.com (the “Web
Sites”), as well as all of the material that it contains, including but not limited to texts, designs,
graphics, interfaces, or code, is owned by The Ferocious Grape or its third party licensors and is
protected by the Intellectual Property Laws of Canada and if applicable, internationally. Nothing found
on these Web Sites may be copied, reproduced, published or republished, transmitted, distributed,
sold, licensed, transferred, communicated or modified without the express written consent of The
Ferocious Grape. All trade marks, registered or not, service marks and trade names are the property
of The Ferocious Grape or the property of third party licensors who have been granted the right and
license to use such marks. You may not reproduce, post or distribute any copyright material, trade
marks or other proprietary information without obtaining prior consent of the owner of such
proprietary rights.

Use of Site

Subject to your compliance with the Terms of Use, we grant you a limited, personal, non-exclusive,
non-commercial and revocable license to download, view and use our Web Sites, subject to
expressly stated restrictions relating to specific content. Our Web Sites may contain areas where you
may interact with other users by participating in forums, blogs, message boards or other
communications. We remind you that you shall use our web site responsibly when communicating or
interacting with other users and that you shall be held liable for the content that you post or send
through our Web Sites.

When you post any content on our Web Sites, you represent and warrant that you have the right to
grant to The Ferocious Grape an irrevocable and perpetual, fully paid license to use, copy, perform,
display and distribute such content. In the event that you violate this provision, The Ferocious Grape
reserves the right to take proper legal action against you, including, without limitation, removing the
offending information from our Web Sites. We may also review and delete any content that we
consider threatening, harmful, invasive of privacy, abusive, inflammatory or otherwise objectionable.
User Interactions and Disputes

You are solely responsible for interaction with other users. The Ferocious Grape will not intervene,
mediate or monitor any disputes between you and other users.

Restrictions

In addition, you agree not to do any of the following while using the Web Sites:
Intentionally or unintentionally violate any applicable law or regulation including making an offer to
purchase or delivery arrangement for wine by or on behalf of a person not of legal drinking
age.

Access, tamper with, or use non-public areas of the Web Sites.

Frame or link to the Web Sites, except as permitted in writing by The Ferocious Grape.

Selling Alcoholic Beverages

The Ferocious Grape will not sell alcohol to persons under the age of eighteen (18) years. Your use of
the Web Sites is your acknowledgment that you are of the legal drinking age in the Province of
Alberta. The Ferocious Grape makes every effort to ensure that alcoholic beverages are not
delivered to anyone who is under the age of eighteen (18) years. In addition, the delivery agent will
not complete the delivery of liquor to any person who in the sole and unfettered discretion of the
delivery agent appears to be intoxicated. By using the Web Sites, you are confirming that the person
who will be receiving the delivery of alcoholic beverages from The Ferocious Grape is eighteen (18)
years of age or older. In the event that you intentionally or unintentionally provide false information
about your age in order to obtain alcoholic beverages, or provide alcoholic beverages to a person under
the age of eighteen (18) years of age, we reserve the right to report those actions to the relevant
authorities and pursue any and all applicable legal remedies. Further, the provision of alcoholic
beverages are provided hereunder for personal use and not for resale. In the event that you choose to
sell the alcoholic beverages provided by The Ferocious Grape, we refer you to the obligations under
the Gaming and Liquor Act, R.S.A. 2000, c. G-1 and the Regulations thereunder. Please be advised
that it is your obligation to make yourself aware of your responsibilities with respect to the resale of
liquor, which shall include, but not be limited to, obtaining a Liquor Licence for any establishment,
facility or manufacturer issued by the Alberta Gaming & Liquor Commission (“AGLC”). If your
intention is to sell wine for consumption or otherwise at occasional special events only held outside a
personal residence (a “Private Re-Sale License”), or to provide for the consumption but not the sale
of wine at any indoor or outdoor event open to the public (a “Private Non-Sale Licence”), you may
only do so pursuant to a Special Event Licence (“SEL”) issued by the AGLC. IT IS ILLEGAL TO
SELL WINE IN OR FROM A PRIVATE RESIDENCE. When selling or providing for the
consumption of wine under liquor licence or SEL, you are responsible for the safety and sobriety of
the people attending the event as well as for compliance with all applicable laws and regulations.
Third Party Links and Content

We might offer you links to other web sites that are owned and operated by third parties and
therefore are not affiliated with The Ferocious Grape.

Since we have no control over other sites or parties, we will not be responsible or liable for the
following:

The availability or accuracy of other web sites: and,
Content or advertising of other web sites.
Links to other web sites are generally provided as a matter of convenience. All information or
content of or by third parties made available on the Web Sites is that of the respective author(s) or
distributor(s) and not of The Ferocious Grape. We confirm that we will not be responsible or liable
for any information on the Web Sites that has been authored by anyone other than those authorized by
The Ferocious Grape employees acting with authority of The Ferocious Grape. We will endeavour
to make it clear, from the context of our Web Sites or otherwise, when information provided therein
is from third parties.

Promotions

The Ferocious Grape may offer promotions from time to time which may be governed by a separate set
of rules that describe the promotion and may have eligibility requirements such as age and geographic
area restrictions. It is your responsibility to read those applicable rules to the promotions to determine
whether or not your participation or registration will be valid.

Contact Information

The Ferocious Grape may contact customers by email regarding products and services we offer to the
extent you have agreed to receive information.

Content Protection

All text, graphics, logos, images, audio clips and software (known as site content) on the Web Sites are
copyrighted materials owned by or licenced to The Ferocious Grape. You may not reproduce, copy or
distribute any part of the Web Sites in any manner without prior written consent of The Ferocious
Grape.

Privacy Policy

Any information that we collect on our Web Sites is done according to our Privacy Policy which
policy has been adopted by The Ferocious Grape to protect the privacy of our users. Please read our
Privacy Policy carefully by clicking on the following link.

Password Protection

It is imperative that you take responsibility for the security of your customer ID and passwords.
Regardless of your location, it is always important to log out after your session ends; whether you are
at home or at a public computer.

Disclaimer of Warranties

We make no warranty or representation about the accuracy of/or completeness of the content of our Web
Sites, or the content of any web sites or external sites. Our Web Sites, the content, information services
and products listed herein, including, without limitation, text, graphics and links are provided on an “as
is” available basis and without any warranty whether express or implied. To the fullest extent
permissible by law, we disclaim and you waive, all warranties of any kind, whether express, implied,
or statutory, including, without limitation, the implied warranties of merchantability, fitness and non-infringement. We disclaim any responsibility for any error,
interruption, deletion, defect, delay in an operation or transmission, failure to store, mis-delivery or
untimely delivery, communications line failure, theft or unauthorized access to user’s communications.
We do not represent or warrant that the functions contained in our Web Sites will be uninterrupted or
error free, that defects will be corrected or that the servers which make our Web Sites available are free
of viruses or other harmful components. We do not make any warranties or representations regarding
the use of the materials in Our Web Sites in terms of their completeness, correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise.

Notices

The Ferocious Grape will give you any necessary notices by posting them on the Web Sites. You
authorize The Ferocious Grape to send, or to authorize the sending on its behalf, of notices via
electronic mail as well, if The Ferocious Grape decides, in its sole discretion, to do so. You agree to
check the Web Sites for notices, and that you will be considered to have received a notice when it is
made available to your by posting on the Web Sites.

Limitation of Liability

You are solely and entirely using our Web Sites at your own risk. Under no circumstances will The
Ferocious Grape or their suppliers, be liable for any direct, indirect, economic, exemplary, special,
punitive, incidental or consequential damages or losses whatsoever either directly or indirectly related
to these Web Sites, the materials, the downloadable items, the user content, your use or inability to use
these Web Sites, the performance of the information contained herein, the services, the products
offered or any other materials available from the Web Sites, even if The Ferocious Grape have been
advised of the possibility of such damages or loss. If you are dissatisfied with any portion of the Web
Sites, or with any of these terms of service, your sole and exclusive remedy is to discontinue using
these Web Sites. This sole and exclusive remedy is separate and independent of any other provision
that limited The Ferocious Grape liability or your remedies.

Force Majeure

The Ferocious Grape shall be excused from performance under these Terms of Use if it is prevented,
forbidden or delayed from performing, or omits to perform, any act of requirement under these Terms
of Use by reason of: (a) any provision of any present or future law or regulation which prevents or
restricts The Ferocious Grape from performing in accordance with the terms hereunder; (b) any act or
omission of a third party; or (c) any act of God, emergency condition, war, computer or
telecommunications failure or other circumstance beyond the control of The Ferocious Grape.

Governing Law

The Terms of Use in these Web Sites are governed by the laws of the Province of Alberta, and where
applicable, the laws of Canada, without regard to its conflict of laws and provisions. Regardless of any
statute or a law to the contrary, any claim or cause of action by you arising out or related to use of our
Web Sites or the Terms of Use must be filed within one (1) year after such claim or cause of action
arose, failing which the action will be barred.

Indemnification

You agree to defend, indemnify and hold The Ferocious Grape harmless from and against any and all
claims, damages, costs, investigations, liabilities, judgment, settlements and expenses, including
attorney’s fees, that directly or indirectly arise from or otherwise directly or indirectly are related to the
user content, your use of the Web Sites, your breach of the Terms of Use, your violation of any laws,
rules or regulations or any misrepresentation made by you. You will cooperate as fully required by The
Ferocious Grape in the defence of any claim. The Ferocious Grape reserves the right to assume the
exclusive defence and control of any matter otherwise subject to the indemnification by you and you
will not in any event settle any claim without the prior written consent of a duly authorized
representative of The Ferocious Grape.

Miscellaneous Terms

The Terms of Use contain the entire agreement between you and The Ferocious Grape . The failure of
The Ferocious Grape to exercise or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. The terms and conditions of the Terms of Use are
severable. The Terms of Use may be modified only by The Ferocious Grape without prior written
notice. Each time you access the Web Sites you will be deemed to have accepted any such changes in
effect at the time of access.

Termination

The Ferocious Grape reserves the right to terminate your access to and use of the Web Sites in its sole
discretion, without notice and liability, including, without limitation, if The Ferocious Grape believes
your conduct fails to conform with the Terms of Use. The Ferocious Grape also reserves the right to
investigate suspicious violations of the Terms of Use including any violation arising from any emails or
communications you sent or provided to the Web Sites or The Ferocious Grape. Any violation of the
Terms of Use may be referred to law enforcement authorities.

Your Warranties

You represent and warrant that you are at least eighteen (18) years of age and that you have the legal right
and capacity to enter into the Terms of Use in your jurisdiction and to comply with the Terms of Use or,
if you are a minor, your parent or legal guardian has read and agreed to the Terms of Use on your behalf.
You are also represent and warrant that all information you provide to The Ferocious Grape is accurate and
complete and that you hold and will continue to hold all rights necessary to enter into and perform your
obligations under the Terms of Use.