Coravin Terms of Use

Welcome to Coravin! Please read on to learn the rules and restrictions that govern your use of Coravin, Inc. (“Coravin” and sometimes “our,” “we,” and “us”) website and Moments application (the “Services”).

These Terms of Use (the “Terms”) are a binding contract between you and Coravin. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. If you do not agree to these Terms, or if you are under the legal drinking age wherever you are using the Services, you are not granted permission to use our Services and must exit immediately.

If you own a Coravin Model Eleven, Coravin Moments connects wirelessly to it, through Bluetooth. This enables you to know when your Capsule needs to be replaced or the system to be charged, to purchase more Capsules and Needles, to update the software as necessary, and to understand how you use your Model Eleven.

In order to access certain content or benefits on our Services, you will be asked to register and create an account. By registering an account on our Services, you represent that you are older than the legal drinking age wherever you are using the Services. Also as part of the registration process, you may be asked to select a username and password, and may be required to provide Coravin with certain information about yourself, including some types of personally identifying information such as your email and other information related to your tastes and preferences. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. Any information that you provide to Coravin through our Services or email is subject to Coravin’s Privacy Policy, which is hereby incorporated into these Terms by reference as if set forth fully herein.

As part of the registration process, you will be asked to select a user name and password. Only you are permitted to access our Services and the User Content (as defined below) through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may suspend your account at any time by emailing csr@coravin.com.

Coravin takes the privacy of its users very seriously. For the current Coravin Privacy Policy, please click here.

Unless Coravin explicitly states otherwise in an agreement between you and Coravin, as between you and Coravin, Coravin owns (or licenses) and retains all rights, title and interests in and to all Apps, data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through our Services (“Services Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Materials. All Services Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user of the Services and Coravin, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Services are proprietary to Coravin or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Services Materials, other than the right to use the Services Materials in accordance with these Terms.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.

Certain features of the Services (including the registration processes described in Section 1 above) may allow you to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, for access, use, viewing and commentary by other users to the Services (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Services and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.

You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Coravin, you grant Coravin a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. This license continues even if you stop using our Services.

You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with Coravin, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Coravin as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials, unless otherwise authorized by these Terms or in a separate written agreement with Coravin; (g) attempting to gain unauthorized access to Coravin’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our Services; (h) any resale or commercial use of our Services, the Services Materials, or the User Content; (i) using our Services to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Coravin is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to Coravin and that in the event of such unauthorized use, Coravin shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Our Services are available for informational purposes only. Our Services may contain links to other Internet Web-sites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties. Use of such third party links, features, and services, our Services and the Services Materials, and any other material or content on and made available through our Services is entirely at your own risk. Coravin does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Coravin’s third party payment processors. Coravin does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.

If there is a dispute between participants on this site, or between users and any third party, you agree that Coravin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Coravin, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Coravin, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

Coravin uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. Coravin will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Coravin shall not be liable for any modification, suspension, or discontinuance of our Services and that all amounts paid under these Terms are non-refundable. In addition, Coravin may update, modify, suspend or terminate the Services, in whole or in part, at any time.

The information on our Services is for informational purposes only. Without limiting anything else in these Terms or otherwise, Coravin is not responsible for any errors or omissions in our Services or the Services Materials. Coravin, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by Coravin or any third party), links, advertisements, or other items contained within our Services. Coravin reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. Coravin cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, the products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion.

THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. CORAVIN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.

CORAVIN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CORAVIN HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CORAVIN AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE USER CONTENT, THE SERVICES MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED $10. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CORAVIN AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with our Services or with any of these Terms, or feel Coravin has breached these Terms, your sole and exclusive remedy is to discontinue using the Services.

You shall indemnify Coravin and its directors, officers, employees, agents, contractors and licensors (“Coravin Indemnitees”) against all claims, actions, suits, and other proceedings (each, a “Claim”) arising out of or incurred in connection with our Services and your use of our Services, the Services Materials or any services, product or data obtained through our Services, your fraud, violation of law, negligence, willful misconduct, or any other use of our Services, the User Content, the Services Materials, the services, products, information and other materials on, in and made available through our Services, except to the extent attributable to Coravin, or any breach by you of these Terms and shall indemnify and hold Coravin Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Coravin. Coravin or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Coravin or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Coravin, subject to the right of Coravin to assume, at our sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

Coravin may immediately terminate your access to all or any part of the Services (including without limitation, any App) at any time, with or without cause, with or without notice.

If you elect to terminate your registration and Services account, you may do so at any time by sending an email (that includes your email address) to csr@coravin.com. Please be advised that your Services account is not terminated simply by deleting our App from your mobile device. Your registration and Services account can only be terminated by following the process described above in this provision.

Upon any termination, all rights and obligations of the parties under these Terms shall cease, and you shall immediately stop accessing and using the Services, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of these Terms shall survive, (b) Coravin may retain and use User Content and other data and business records resulting from your use of the Services (but not in a manner that discloses your identity) and (c) the provisions of those sections of these Terms that should reasonably be understood to continue in effect shall survive (including without limitation, the sections entitled Proprietary Rights, No Warranties and Disclaimer, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction).

Coravin’s policies do not allow merchandise to be reshipped in any way. An order that is being shipped to a "Freight Forwarding Company" may not be accepted.

Coravin is a private label brand. In order to protect Coravin’s intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. Coravin will not accept any order that is deemed to possess characteristics of reselling. Coravin reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

Coravin may refuse to accept any order if fraudulent activity is suspected. Coravin may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. Coravin may refuse any order that is connected with a previous credit card dispute.

The term "Channel Partner" means any distribution platform operator or other third party who is authorized to make our Apps available for distribution pursuant to arrangements with Coravin. Currently, the only Channel Partner is Apple Inc. for iOS devices via the App Store. In the event that you obtain an App from one of our Channel Partners, then the following shall apply:

Both you and Coravin acknowledge that the Terms are concluded between you and Coravin only, and not with Channel Partner, and that Channel Partner is not responsible for the Application or the Content;

The Application is licensed to you on a limited, nonexclusive, nontransferable, nonsublicensable basis, solely to be used in connection with the Services for your private, personal, noncommercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

You will only use the Application in connection with a Channel Partner device that you own or control;

You acknowledge and agree that Channel Partner has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Channel Partner of such failure; upon notification, Channel Partner’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

You acknowledge and agree that Coravin, and not Channel Partner, is responsible for addressing any claims you or any third party may have in relation to the Application;

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Coravin, and not Channel Partner, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

Both you and Coravin acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

Both you and Coravin acknowledge and agree that Channel Partner and Channel Partner’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Channel Partner will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Coravin reserves the right at any time to modify, alter, or update these Terms. Your use of our Services following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited our Services before the change was made. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. Coravin may suspend or terminate your account and/or your ability to use our Services, for failure to comply with these Terms, for inactivity on our Services, for providing Coravin with untrue or inaccurate information about yourself, for infringement upon Coravin proprietary rights, or for any other reason whatsoever or for no reason.

Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.

These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of New York, including New York’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 18, the Arbitration Agreement. 

Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Coravin must be resolved exclusively by a state or federal court located in the State of New York. 

You and Coravin agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. 

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Coravin agree that any claim or cause of action arising out of or related to the Services must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

This Section 18 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth in Section 18.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof other than those expressly set out in Section 18.4, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Coravin or a Coravin Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.  Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

YOU AND CORAVIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. EXCEPT FOR AS SET FORTH IN SECTION 18.7, UNLESS BOTH YOU AND CORAVIN EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST CORAVIN AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CORAVIN USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Coravin is always interested in resolving Disputes amicably and efficiently.  Accordingly, both parties acknowledge and agree that before they commence arbitration, they will first make a good faith effort to resolve such Dispute informally.  Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following address:  Coravin, Inc., Attn: Legal Department, 34 Crosby Dr. Suite 101, Bedford, MA 01730. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the Dispute; the specific relief sought; and proof of your relationship with Coravin. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the notice, you and Coravin agree to follow the resolution procedures for any Dispute described in this Section 18. 

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding (“Claim”). The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. 

If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration (except as otherwise specifically provided herein) and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”), including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions, as modified by this Arbitration Agreement. For information on NAM, please visit its website, https://www.namadr.com/. Information about NAM’s Rules and fees can be found at https://www.namadr.com/resources/rules-fees-forms/. If there is any inconsistency between the NAM Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court. If you are a Coravin registered user, any demand initiating arbitration, whether filed by You or Coravin, must include the email address you used to register with Coravin. 

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Boston, MA (unless otherwise agreed by the parties). If the value of the relief sought is $10,000 or less you or Coravin may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Coravin subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Coravin, unless the arbitrator requires otherwise. 

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. Except for decisions in arbitrations that are joined together in a single batch as described in Section 18.7, an arbitrator shall not be bound by rulings in prior arbitrations involving different Coravin users, but is bound by rulings in prior arbitrations involving the same Coravin user to the extent required by applicable law. 

Notwithstanding the parties’ decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights);) and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.  Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action. 

If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Coravin will pay as much of any filing and hearing fees in connection with the arbitration in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the arbitrator’s rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11.  You are responsible for all other fees, including your own attorneys’ fees, unless the arbitration rules and/or applicable law provide otherwise.   

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 18.7) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification.  The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge. 

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Coravin within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Coravin and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.  

You agree to cooperate in good faith with Coravin and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims.  The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims.  Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.  This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.  Unless Coravin otherwise consents in writing, Coravin does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 18.7.  If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing.  If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Coravin shall be entitled to arbitrate any claim that is a part of the Mass Filing. 

The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Coravin and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected.  The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Coravin, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Coravin or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period.  If neither Coravin nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process.  Opt out of arbitration under this section shall not be construed as opt out of the “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.   

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Coravin users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current Coravin user and previously accepted the Coravin Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than thirty (30) days from April4, 2025. You must mail the Opt-Out Notice to Coravin, Inc., Attn: Legal Department, 34 Crosby Dr. Suite 101, Bedford, MA 01730. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Coravin account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Coravin will likewise not be bound by these arbitration provisions. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.  All other terms of these Terms will continue to apply.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any material change to this Arbitration Agreement in the future, such change shall not be effective until 30 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Coravin prior to the effective date of the change, but will apply to all claims not yet filed regardless of when such claims may have accrued. If Coravin changes this Arbitration Agreement, any failure to opt out within 30 days of such changes will be deemed acceptance of those changes.

Our Services are controlled and operated from within the United States. Without limiting anything else, Coravin makes no representation that our Services, Services Materials, User Content, services, products, information or other materials available on, in, or through our Services is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Coravin to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Coravin’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” These Terms (including all then current Policies) are the entire agreement between you and Coravin with respect to access, use and operation of the Services, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Coravin with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

If you have any questions or need to contact us, we recommend you reach out to csr@coravin.com.

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