Effective Date: March 12th, 2025
These Terms and Conditions (“Terms”) are a legal agreement between Coomber Wines (“Coomber Wines”, “we”, “us”, “our”) and you. They describe the terms and conditions applicable to your use of our SMS messaging program (the “Platform”). By registering for or using our Platform, you agree to abide by these Terms, our Privacy Policy, and any additional rules that may apply to specific functionality of our Platform.
The Platform
Coomber Wines operates the Platform that sends opted-in subscribers SMS messages to interact with us by text message. Subscribers can also expect to receive periodic conversational, informational, and promotional messages from Coomber Wines.
You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages, or auto-dialed phone calls from us, our affiliates, subsidiaries, and related entities. Such messaging may be used to authenticate your identity or mobile device and provide informational updates about services or products you may have requested. By providing your mobile device or cell phone number to the Platform and accepting these Terms, you represent that you have the authority to receive text messages at that number and consent to such communications. No purchase is required to opt into this service, and you may opt out at any time.
You can cancel the SMS service at any time by texting “STOP” to the number or short code from which you received our message. Upon sending “STOP”, you will receive a confirmation SMS that you have been unsubscribed, and you will no longer receive messages from us. To rejoin the service, simply sign up again. If you experience issues with the messaging program, you can reply with the keyword HELP for assistance or contact us directly at sales@coomberwines.com.
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for messages sent to and from you. Message frequency may vary. If you have any questions about your text or data plan, please contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://www.coomberwines.com/privacy_policy. All communications you receive from us will be administered in accordance with your preferences and these Terms.
By providing your mobile device or cell phone number to the Platform and using our service, you consent to SMS or “text” messages being recorded and stored. You acknowledge that such messages are the data of Coomber Wines and will be viewable and processed by Coomber Wines and by RedChirp, LLC (“RedChirp”), the provider of the Platform.
Content and User Submission
Except for public domain materials, all content (including but not limited to graphics, pictures, descriptions, etc.) published on our Platform (“Content”) is protected by intellectual property laws and is owned by Coomber Wines or the party credited as the provider of the Content. You must comply with all copyright notices and restrictions associated with any Content accessed through our Platform.
Access and Availability of Service and Links
Our Platform may contain links to other related websites. Coomber Wines is not liable for the availability or content of these external resources. The inclusion of links does not constitute an endorsement or establish any affiliation or relationship with third-party content. Any concerns regarding external links should be directed to the customer service of the respective websites.
Registration and Security
If you register an account on our Platform, you must provide accurate and up-to-date registration information. You may not use another person’s information to impersonate them or use information to which you do not have authorized access. Failure to comply with these requirements may result in immediate termination of your account.
You are responsible for all activities under your account, including any use by a third party authorized by you. Please notify us immediately of any unauthorized use or security breach related to your account.
We reserve the right to collect and use information about your usage in accordance with our Privacy Policy.
We may also contact you for feedback through surveys to help improve our Platform, products, and services.
Fees and Payments
Coomber Wines reserves the right to charge fees for access to parts or the entirety of our Platform. You will not be charged for access unless you have provided prior agreement to pay such fees.
If fees are introduced for currently free services, we will notify you in advance and provide the opportunity to cancel your account before charges are applied. All fees, charges, and applicable taxes incurred through your account are your responsibility. Coomber Wines is not liable for any refunds of fees, charges, or taxes paid.
Representations and Warranties
You represent, warrant, and agree that any materials submitted through your account will not violate or infringe upon the rights of any third party, nor contain libelous or unlawful material.
Our Platform is provided “as is” without warranties of uninterrupted or error-free service. Coomber Wines is not responsible for the availability, content, or services provided by any third parties linked on our Platform. While we take reasonable steps to prevent harmful software, we do not guarantee that our Platform or downloadable materials are free from viruses, worms, or destructive features. Use our Platform at your own risk.
Indemnification
You agree to indemnify, defend, and hold harmless Coomber Wines and RedChirp from any claims, liabilities, or costs arising from any breach of these Terms by you or any user of your account. You agree to cooperate fully in the defense of any such claims.
Limitation of Liability
Under no circumstances shall Coomber Wines or RedChirp be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use our Platform—even if advised of the possibility of such damages. You acknowledge that we are not liable for any defamatory, offensive, or illegal conduct by any user. If you are dissatisfied with any material, product, service, or these Terms, your sole remedy is to discontinue use of our Platform.
Software Licenses
Any proprietary software and related documentation provided to you for accessing our Platform remain the property of Coomber Wines. You may not sublicense, assign, or transfer any licenses granted by us. You may make one archival copy for backup purposes only and may not otherwise copy, distribute, modify, reverse engineer, or create derivative works.
Termination
Coomber Wines and RedChirp may terminate or cancel your access to the Platform at any time, with or without cause or notice. In the event of termination, any information stored on our Platform may become unrecoverable.
Changes to these Terms
Coomber Wines may revise these Terms or modify the Platform, or discontinue the Platform altogether, at any time without notice. We encourage you to review these Terms periodically; the date of the most recent revision is noted at the top. Your continued use of the Platform after any changes signifies your acceptance of the updated Terms. If material changes occur, we may notify you via your registered email address or through a prominent notice on our website.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the state courts located in San Diego County, California, and the United States District Court for the Southern District of California for any disputes arising out of or related to these Terms or your use of the Platform.
Survivability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be struck and the remaining provisions will continue in full force and effect.
Contact Us
If you have any questions or feedback regarding these Terms, please contact us via email at sales@coomberwines.com.
