Legal & Privacy

USE AGREEMENT & PRIVACY POLICY

Welcome to our website. The following Terms of Use govern your use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. References to “we,” “our,” “us,” “our Company” or “our Brand” herein refer to Moonshot Beverage Company, and its brands, affiliates and service providers, and references to our “Site” refer to this website, our mobile apps, and our Social Media Sites. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE BELOW.

1. By Using Our Site, You Agree to These Terms of Use. We may modify these Terms of Use at any time. Each time you access our Site, it is your responsibility to review these Terms of Use for updates. Your continued use of the Site after we have posted any modifications means you accept such modified Terms of Use. If you disagree with these Terms of Use (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits (“Promotional Terms”). If these Terms of Use are inconsistent with those Promotional Terms, those Promotional Terms will control.
2. You Must be 21 Years or Older to Use the Alcohol Pages or Alcohol Content on Our Website. If you are younger than 21, you are not permitted to access the alcohol pages or content on our Site. We do not sell alcohol to persons under 21. By continuing to use the alcohol portions of our Site, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.
3. Privacy Practices. Any personal information submitted by you via our Site is governed by our Privacy Policy (see below). Please review this policy to understand how we may use your personal information and our other privacy practices.
4. Other Applicable Terms. Where available, the purchase of alcohol or other products from our Site is also governed by the other terms disclosed on this Site such as: Wine Club Terms, Shipping Terms and any other applicable terms posted to this Site.
5. Membership Account Information. Where applicable, you may need to register as a club member to access certain portions of our Site, and you may be required to be logged in to your account and have a valid payment method associated with it on file. To register, you must provide us with current, complete, and accurate information as prompted by the registration form and you will need to choose a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activity under your username and password. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion and without liability.
6. Site Content is Protected by U.S. and International Laws. All content included in or made available through our Site, such as text, images, logos, graphics, and functionality, is the property of our Company or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by these Terms of Use (or in the case of copyright material, as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service in any manner that is likely to cause confusion among customers or in any manner that disparages us. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
7. User Comments and Other Submissions. We welcome your comments and feedback regarding our Site and our products. We do not, however, accept confidential or proprietary information. By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, and any other submissions (“User Submissions”) in connection with your use of our Site, you grant us an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of and exploit the User Submissions in any manner without limitation (including for any commercial purpose) in any form of medium, whether now existing or developed in the future. You also grant our Company the right to use (if it chooses) the name that you submit in connection with the User Submission. You may not use a false e-mail address or otherwise mislead as to the origin of any User Submission. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to any person or entity and that none of those submissions contain any viruses, trojan horses or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network. You acknowledge that you may be personally liable for any User Submissions that you post or submit in violation of any laws, any third party's rights, or these Terms of Use.
8. Intellectual Property Complaints. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide us with the information specified below, in writing. Please do not use this procedure for any other purpose. Include the following information:
   1. Signature of person authorized to act on behalf of copyright owner;
   2. Description of copyrighted work;
   3. Description of where the infringing material is located on our Site;
   4. Your address, telephone number, and e-mail address;
   5. Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
   6. Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
   7. If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you'll receive further instructions about this process in the notification you receive from our Company.
 Our designated agent for notice of claims of copyright infringement is: legal@drinktwist.com.
9. Electronic Communications. When you visit our Site or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
10. Social Media Rules. We enjoy engaging with our customers via our Social Media Sites, but you must adhere to the below rules (and the terms of use of the social media platform) whenever you post on our Social Media Sites. You must be 21 or over to visit or post on our Social Media Sites and any communications regarding our products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that we deem offensive, inappropriate or unacceptable in our sole discretion, but we do not regularly review posted content. We take no responsibility for any content posted by you or any third party.
    1. Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Follow the golden rule – treat members of our community fairly and with respect. Nudity and sexually explicit content is not allowed.
    2. Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
    3. Don’t Infringe. Do not use it unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
    4. Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
    5. 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
11. Disclaimers, Limitation of Liability, and Indemnification. Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.
 While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access.

    1. OUR SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK.
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE PRODUCT INFORMATION, WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER OUR COMPANY NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIDHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.

    2. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OUR COMPANY AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR ARISING OUT OF ANY CONTENT THAT YOU POST.
Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
12. Disputes. Please contact us with any concerns by e-mail at contact@drinktwyst.com. Any disputes and claims between us that cannot be resolved by our engagement team will be resolved in accordance with this dispute resolution provision.
    1. Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below. Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify.
    2. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). 
You may opt out of these dispute resolution procedures by emailing legal@drinktwyst.com to request the opt out form. Your completed opt out form must be received by our Company within 30 days of the date when you first accept these Terms of Use, or it will not be valid.
    3. The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless we agree otherwise, the arbitration hearing will take place in the county of your billing address.
    4. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state and federal courts located in Minneapolis, MN. This provision will survive any termination of these Terms of Use.
13. Governing Law and General. The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of Minnesota, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.
 These Terms of Use, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Our failure to exercise any right under these Terms of Use does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.
14. PRIVACY POLICY. We value your privacy and are committed to safeguarding your personal information. Our Company is providing this Privacy Notice (the “Notice”) to further the relationship between us and our customers. This Notice makes disclosures concerning our collection of personal information, purposes of collection, sources of collection, and measures we use to protect your personal information. In this Notice, personal information means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).
    1. This Privacy Policy applies to U.S. residents and informs you about how we collect, use and share personal information when you visit the Site, as well as information that we collect through other means about people who contact us and prospective employees. The Privacy Policy also tells you about your rights and choices with respect to your personal information. This Privacy Policy is subject to the above Terms of Use, which govern your use of the Site. If you do not agree to the Terms of Use and Privacy Policy, you should not use the Site.
    2. Notice at Collection. We collect the following categories of information from and about you: identifiers; commercial information; internet or similar network activity; IP address, device ID; audio, electronic, visual or similar information; professional information; education information; and inferences drawn from other personal information. We collect these categories of information from you to provide our products to you, to run our business, to communicate with you, and as required by law. We will retain each of these categories of personal information based on several factors, including is reasonably necessary to (i) provide our products and services or administer our relationship with a consumer; (ii) protect our business, employees, organization, and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.
    3. Personal information we collect about you. We may collect, use, store, and, in some cases, share, different kinds of information that identifies you as an individual, and other information we associate with it, including:
       1. Identity Information. This includes data relating specifically to your identity and contact details, such as your name or user ID, mailing address, email address, date of birth, and telephone number.
       2. Profile Information. This includes the data that we receive if and when you participate in contests or promotions, engage with us on social media, as well as your interests, preferences, feedback, and survey responses.
       3. Commercial Information. This includes information about your transactions with us, such as your purchasing history and tendencies.
       4. Technical Information. This includes passively collected technical data, such as your internet protocol (IP) address, login data, device ID, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the device(s) you use to access the Site.
       5. Usage Information. This includes information about how you use the Site and our services, such as the amount of time you spend on a particular page.
       6. Applicant Information. In the case of prospective employees, we may also receive professional or education-related information in connection with your application for employment.
    4. How We Collect Personal Information. We use different methods to collect information from and about you, including:
       1. Direct Interactions. We collect Identity, Profile, and Commercial Information when you fill out forms or correspond with us through the Site, by mail, phone, email, social media, or otherwise.
       2. Third Parties. We may receive personal information about you from various third parties, such as Identity Information you submit to the co-sponsors of a contest we jointly promote, or Applicant Information in resumes received from recruiting partners.
       3. We may also receive Technical and Usage Information about you from third party analytics and advertising providers such as Google or Facebook, and Identity and Profile Information from social media platforms when you engage with our brands.
       4. Automated Technologies or Interactions. Depending on your device settings, we may receive geolocation information when you access the Site. As you interact with the Site, we also automatically collect Technical and Usage Information about your equipment, browsing actions, and patterns. As described further below, we use third-party analytics providers and technologies, including cookies and similar technologies, to assist in collecting the information described below.
       5. Cookies and Similar Technologies. We collect information about your use of the Site through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b) store your preferences and settings; (c) understand the web pages of the Site you have visited; (d) enhance your user experience by delivering content and advertisements specific to your inferred interests; (e) perform searches and analytics; and (f) assist with security administrative functions. You can adjust your browser to control cookies to require your affirmative acceptance for new cookies, automatically reject cookies and/or delete or disable existing cookies. How you do so depends on the type of cookie and the browser that you are using. For more information on how to control browser cookies, click here. In addition, if you would like to modify your cookie preferences, you may make a selection using the cookie consent management tool available at the bottom of our Site.
       6. Email Tools. We also may include tracking pixels and web beacons in email messages and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and promotional purpose. You can change your email settings to block the automatic download of images in email messages.
       7. Google Analytics. We may use Google Analytics to collect and analyze the information discussed above, and to engage in auditing, research and development, or reporting. The information (including your IP address) collected by various analytics technologies described in the “Cookies and Similar Technologies” section will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Site, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
       8. Meta. We may use Facebook cookies to target ads to you. You can learn about how to opt-out of receiving targeted advertisements from Facebook here.
       9. Do Not Track. We do not monitor or follow “Do Not Track” signals because there is no standard interpretation or practice for such signals. Therefore, we handle all user information consistent with this Privacy Policy. Note that deleting or blocking cookies may impact your experience on the Site, as some features may not be available. Certain options you select are browser and device specific.
    5. How do we use personal information we collect from you? We use your personal information as permitted by law and for the following business purposes:
       1. For the purpose for which you provide the information to us or a vendor;
       2. To respond to your requests or to send you other communications about our brands, and current or future campaigns, programs, contests and/or sweepstakes;
       3. To provide features and services available through the Site, and to improve the Site and our services;
       4. To conduct surveys and analyze market trends and interests;
       5. For internal research and reporting;
       6. For recruiting purposes;
       7. To comply with legal or regulatory obligations;
       8. To enforce the legal terms that govern your use of the Site and to protect the integrity and security of the Site;
       9. To administer and troubleshoot the Site;
       10. To comply with your requests or directions.
    6. With whom we disclose your personal data and for what purposes. We may disclose your personal information with third parties for the purposes set out above.
    7. Children’s privacy. Our services/products, including the alcohol pages on our Site, are not intended for any persons under the age of 21, and you must be at least 21 years old to have permission to use our services and/or access our website/application. We do not knowingly collect, use, or disclose personal data from children under 16. If you believe that we have collected, used, or disclosed the personal data of a child under the age of 16, please contact us using the contact form provided in this Notice, so that we can take appropriate action.
    8. Privacy rights. Based on your state of residence, you may have the rights listed below with respect to the personal information that we maintain about you. We may take steps to verify your identity, as permitted or required under applicable law, before we process your request. Verification may include asking you to provide information about yourself that we can match against information already in our possession.
       1. Access Your Personal Information. You may request the following information from us: (1) the categories of personal information we have collected about you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collecting or selling (if applicable) your personal information; (4) the categories of third parties with whom we shared personal information; and (5) the specific pieces of personal information we have collected about you.
       2. Correct Your Personal Information. This means you can request that we update or correct inaccurate personal information that we maintain about you.
       3. Delete Your Personal Information. You may request that we delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, and to process transactions or facilitate customer requests. In addition, we may retain some residual information about you in our backup and archival copies of our database (e.g. our records of deletion). We may use these backups to send you important service-related communications (e.g. materials related to your registration, your purchases and/or your account) that are not promotional in nature.
       4. Right to Non-Discrimination. We will not discriminate against you in service or price for exercising the rights described above.
       5. Right to Opt Out of the Sale or “Sharing” of Personal Information. You may have the right to opt out of sharing of personal information with third parties for cross-contextual marketing purposes. If you would like to limit the cookies and other tracking tools used on our Site, please contact us.
       6. Right to Limit the Use or Disclosure of Sensitive Personal Information. Some laws classify certain personal information as sensitive personal information. If you are a California resident, you may have the right to request that we limit the use or disclosure of this sensitive personal information. In certain states, if you gave us consent to process this sensitive personal information, you may have the right to revoke this consent. If you submit a request, please note that this does not impact how we use or disclose your sensitive personal information prior to processing your request. We do not process sensitive personal information other than at your direction or as necessary to provide our products and services.
       7. Exercising Your Rights. To exercise your rights, please contact us. You will need to specify the type of request you are making, and provide your first and last name, state of residence, and email address so that we may verify your request. Upon submission of your request, we will send an email to the address provided and you must promptly acknowledge receipt of that email for us to move forward in processing your request. We will substantively respond to your request within the time required under the law. Authorized Agent. You may designate an authorized agent to submit a request on your behalf. So that we know your agent is authorized to act for you, please submit here your signed permission confirming that you have authorized the individual to make a request on your behalf. For any agent-submitted request, we will also verify your identity directly with you.
       8. California Shine the Light. California residents have the right to request and receive information about the disclosure of certain of your personal information to third parties for their own marketing use, and your options with respect to such disclosures. Because we do not share your personal information with third parties for their direct marketing use, these requirements are not applicable. If you still have questions about our compliance with this requirement, please contact us.
    9. Third Party Sites. The Site may link to other websites, e-commerce and online services, or social media platforms, and such links are provided for your convenience only. If you decide to access any of the third-party websites linked from our Site, you do so subject to the terms and conditions of use and privacy policies of those sites, services or platforms.
    10. Information Security. We have put in place reasonable security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. While we make reasonable efforts to help ensure the integrity and security of our Site and systems, we cannot guarantee those measures as no method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security. Also, while we take reasonable efforts to ensure the security of information you send to us in our possession, please be aware that no transmission over the Internet can be completely secure. You assume the risk of sending any information to us, our affiliates, our partners, or other third parties over the Internet. PLEASE NOTE: We do not currently encrypt transmission of data/information to and from the Site.
    11. We reserve the right to change this Notice at any time.  We will take reasonable steps to advise you of any changes to this Notice, including by posting the revised Notice on our website.  We recommend that you review this Notice from time to time to obtain the current version.  You may contact us here to obtain a current copy of this Notice.
15. Trademarks. TWYST, TWYST logo, and ONE & ONE TWYST are some of our trademarks.
16. Website accessibility tools are provided by accessiBe. Please contact us if you are having trouble with these tools.
17. Additional Assistance. If you do not understand any of these Terms of Use or Privacy Policy or if you have any questions, we invite you to contact us at: Moonshot Beverage Company 120 Stony Point Road, Suite 230 Santa Rosa, CA 95401.
    1. The effective date of these terms is January 1, 2025.