Wall to Wall Wine & Spirits
Terms & Conditions

1. Last Modified: July 22, 2024 Binding Contractual Terms

Please read these Terms and Conditions (“Terms”) carefully before using our websites and any online services, software or apps provided by Wall to Wall, LLC (“Wall to Wall”, “we”, or “us” or “our”) that post a link to these Terms (the “Wall to Wall Services”). By visiting or otherwise using the Wall to Wall Services in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Wall to Wall Services, are legally binding, limit Wall to Wall’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Wall to Wall Services and uninstall Wall to Wall Services downloads and applications, if any.

In some instances, additional or different terms, posted on the Wall to Wall Services, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

2. Use of the Wall to Wall Services

By your use of the Wall to Wall Services, you represent and warrant that you are at least twenty-one (21) years of age. If you are not at least twenty-one (21) years of age, then do not use the Wall to Wall Services.  By using the Wall to Wall Services, you represent that the person placing an order, picking up the order in one of our Wall to Wall locations, or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of twenty-one (21). You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

We grant you a limited license to make personal use only of the Wall to Wall Services. All materials you see and hear on the Wall to Wall Services, including, for example, all of the page headers, images, text, product listings, prices, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Wall to Wall Services for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of the Wall to Wall Services. We own and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on the Wall to Wall Services. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or the Wall to Wall Services without first obtaining written permission from us.

We may terminate, change, suspend or discontinue any aspect of the Wall to Wall Services, including the availability of any features of the Wall to Wall Services, at any time and without notice. We also reserve the right to block or deny access to the Wall to Wall Services to anyone at any time for any reason.

3. Product Pricing and Orders

Pricing. The products and prices shown on the Wall to Wall Services may not reflect the products and prices available in our retail stores. The price of an item on the Wall to Wall Services may not be the same or correspond to the prices in any of our retail stores for the same item. The price of each item is shown on the Wall to Wall Services at the time you place your order. The prices of items in your cart will continue to update up until the time you place your order on the Wall to Wall Services. A delivery or pickup fee applies to all Wall to Wall orders unless otherwise stated during the ordering process. For the current order or delivery fees, see the Wall to Wall Services. We reserve the right to amend at any time any delivery fees and pickup fees, which shall be clearly defined during the ordering and checkout process. Certain promotional pricing is only valid during specific dates and may have other requirements that must be met in order to receive the promotional pricing.

Cancelling or Changing an Order. We reserve the right to cancel any order you place with us, and/or limit the quantities on any order, without giving any reason.  If we cancel your order, we will attempt to notify you using the email address you have given with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge was made against your card prior to our cancellation. You may request that your order be cancelled or changed by contacting us at the contact information provided in your confirmation email. The applicable Wall to Wall retail store will determine whether it is able to cancel or change your order as requested, in which case you may be subject to a restocking fee. Changes to delivery or pickup times after the time the order is submitted may not be available.

Delivery. Delivery may be available from some Wall to Wall retail stores, depending on state law and store availability. Hours of alcohol delivery vary.  We may utilize third-party delivery partners (“Delivery Partners”) for the delivery of your order. Wall to Wall and its Delivery Partners will only deliver items ordered through the Wall to Wall Services to a location where we provide delivery services for those products and where someone twenty-one (21) years of age or older is present to accept the order. You acknowledge and agree that by placing an order for delivery we may share your telephone number, delivery location and other personally identifiable information to our Delivery Partner(s) to enable the delivery to be made by the Delivery Partner. You acknowledge and agree that any person who accepts delivery of your order at your designated delivery location is authorized by you to receive your order. We may require the person accepting delivery of your order to provide proof of identity and age, if relevant. We may also ask to see the card used to purchase the order for verification purposes. If there is no one home or no age-appropriate person home, if relevant, to accept delivery of your order, we will be unable to deliver your order and may contact you to arrange for delivery at a different time in which case additional charges and delivery fees may apply. Risk of loss in and title to your ordered products passes to you upon the loading of your order into the delivery vehicle. Additional information regarding delivery requirements, times and fees can be found on the Wall to Wall Services.

4. Prohibited Uses

The Wall to Wall Services may only be used for lawful purposes and in accordance with these Terms. As a condition of your use of the Wall to Wall Services, you warrant to us that you will not use the Wall to Wall Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, in your use of the Wall to Wall Services YOU WILL NOT:

Make any commercial use of the Wall to Wall Services or its Content(s), including making any collection or use of any product listings, descriptions, prices or images;

Download, copy or transmit any Content for the benefit of any other party without the express written consent of Wall to Wall;

Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Wall to Wall Services’ Content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;

Use the Wall to Wall Services in any manner that could damage, disable, overburden, or impair the Wall to Wall Services or interfere with any other party’s use of the Wall to Wall Services;

Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Wall to Wall Services;

Create another account without our permission, if we have disabled your account;

Use the Wall to Wall Services for any fraudulent or illegal purposes;

Violate or attempt to violate the security of the Wall to Wall Services, whether in an automated fashion or otherwise;

Remove any copyright, trademark or other proprietary rights notice from the Wall to Wall Services or materials originating from the Wall to Wall Services.

5. Links to and From the Wall to Wall Services

The Wall to Wall Services may contain links to third-party websites and online services (such as apps and social media sites) that are not owned or controlled by Wall to Wall. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.  In addition, Wall to Wall will not and cannot control or edit the content of any third-party website or online service.  BY USING THE WALL TO WALL SERVICE, YOU EXPRESSLY RELEASE WALL, ITS PARENT COMPANY, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE WALL TO WALL PARTIES”), FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage you to be aware when you leave the Wall to Wall Services and to read the terms and conditions of use for each other website or online service that you visit.

Except as you have otherwise agreed with Wall to Wall in writing, you may link to the Wall to Wall Services  from your website, subject to the following:  (1) you may not frame the Wall to Wall Services or any portion of the Wall to Wall Services; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Wall to Wall name and not any Wall to Wall logo; (4) you may not use any Wall to Wall logo in any way; (5) you may not use the link in any way that suggests that Wall to Wall is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Wall to Wall or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Wall to Wall Services at any time for any reason or no reason at all.

6. Advertisements/Release

Wall to Wall takes no responsibility for advertisements or any third-party material posted on or transmitted through the Wall to Wall Services, nor does it take any responsibility for the products or services provided by other service providers with profiles or other Content on the Wall to Wall Service (“Advertisers”).  Any dealings you have with Advertisers found while using the Wall to Wall Services are between you and the Advertiser, and you agree that Wall to Wall is not liable for any loss or claim that you may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE WALL TO WALL PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WALL TO WALL SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

7. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WALL TO WALL SERVICES SHALL BE AT YOUR SOLE RISK.  THE WALL TO WALL SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE WALL TO WALL PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE WALL TO WALL SERVICES OR THE CONTENT. THE WALL TO WALL PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE WALL TO WALL PARTIES RELATING TO THE WALL TO WALL SERVICES OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WALL TO WALL SERVICES, AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE WALL TO WALL SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE WALL TO WALL PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WALL TO WALL SERVICES IS ACCURATE, COMPLETE OR CURRENT;  THAT THE WALL TO WALL SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WALL TO WALL SERVICES OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE DOES NOT VIOLATE LOCAL, STATE OR FEDERAL LAWS. THE WALL TO WALL PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE WALL TO WALL SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF THE WALL TO WALL SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WALL TO WALL SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WALL TO WALL SERVICES BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WALL TO WALL SERVICES. 

8. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WALL TO WALL PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE WALL TO WALL PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE WALL TO WALL PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WALL TO WALL SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS INCORPORATED HEREIN; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (4) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD, OR ANY OTHER LOGIN CREDENTIALS, BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, EMAIL ADDRESS AND/OR OTHER LOGIN CREDENTIALS.

IF THE WALL TO WALL PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE WALL TO WALL PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE WALL TO WALL PARTIES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WALL TO WALL PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WALL TO WALL SERVICES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WALL TO WALL SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE WALL TO WALL SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WALL TO WALL SERVICES; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WALL TO WALL SERVICES; OR (VII) ANY OTHER MATTER RELATED TO THE WALL TO WALL SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF THE WALL TO WALL PARTIES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WALL TO WALL PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.

Any claims relating to use of the Wall to Wall Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.  The Wall to Wall Services are controlled and offered by Wall to Wall from its facilities in the United States of America.  Those who access or use the Wall to Wall Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

10. Governing Laws in Case of Dispute; Arbitration; Jurisdiction

ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF WALL TO WALL SERVICES, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WALL TO WALL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY.  BY USING THE WALL TO WALL SERVICES YOU AGREE THAT WALL TO WALL AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location.

If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), you agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and the Wall to Wall Services, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.

You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.

11. Notice and Procedure for Making Claims of Copyright Infringement

Wall to Wall expressly reserves all intellectual property and other proprietary rights in all Content, including processes, technology, and other materials that appear on Wall to Wall Services. Access to Wall to Wall Services does not confer and shall not be considered as conferring upon anyone any license under any of Wall to Wall’s or any third party’s intellectual property rights. The unauthorized duplication of any content on the Wall to Wall Services is a violation of law and these Terms.

If you believe your work has been copied on the Wall to Wall Services in a way that constitutes copyright infringement, please send a written notification (an “Infringement Notification”) that meets all of the following requirements:

1. Specifically identifies the copyrighted work(s) believed to have been infringed;

2. Identifies the material that is accessible on the Wall to Wall Services and which is allegedly infringing upon the copyrighted work(s). The Infringement Notice must provide detailed information reasonably sufficient to enable Wall to Wall to locate the allegedly infringing materials on the Wall to Wall Services, such as clear screenshots of the allegedly infringing materials (for identification purposes);

3. Provides information sufficient to permit Wall to Wall to contact the copyright owner directly: name, street address, telephone number, and email (if available);

4. Contains a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. Contains a statement, 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 owner.

6. Is signed by a person authorized to act on behalf of the copyright owner; and

7. Is sent to Wall to Wall at the following address:

Wall to Wall, LLC
Attn: Legal Department
5820 Westown Parkway
West Des Moines, IA 50266

12. Equitable Relief

If you violate these Terms then we may seek injunctive relief or other equitable relief.

13. Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Wall to Wall’s prior written consent, but may be assigned by Wall to Wall without restriction and without notice to you.

14. Consent to Electronic Communication

When you visit the Wall to Wall Services, chat with us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat, email, or by posting a notice on the Wall to Wall Services. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Wall to Wall Services, providing us with an email address, or leaving a telephone message with an email address for customer service to respond to you, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial information) from time to time in an unencrypted manner.

15. Electronic Contract

These Terms, which are provided electronically, and any other electronic Additional Terms that are incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

16. Severability

If any provision of these Terms or the Additional Terms referenced herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. Changes to these Terms

These Terms are subject to change at our discretion. We will indicate changes, including material changes, to these Terms by updating the “Effective Date.” Your use of any Wall to Wall Services after any update to these Terms will constitute your acceptance of the changes.

18. Contact Us

If you have questions or comments about these Terms, you may contact us here or as follows:

Mailing Address: Wall to Wall, LLC, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223

Text Message Services Terms & Conditions



Terms and Conditions. Wall to Wall, LLC ( “Wall to Wall”) offers access to information to you via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts, including weekly deal items, special promotions, service messages, pickup and/or delivery information, and other information regarding the products and services that Wall to Wall offers and provides to you. Text messages will be sent via automated technology. By using or enrolling in Wall to Wall text message services, you (i) certify that you are at least twenty-one (21) years old and (ii) agree to these terms and conditions, which become effective upon your enrollment.

To enroll in Wall to Wall text message services, you must provide your own mobile phone number with an area code within the 50 United States or the District of Columbia. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in the text message services. Following enrollment, the frequency of text messages you receive from Wall to Wall will vary based on the text message services, number of Wall to Wall text message services in which you enroll, and frequency of use of Wall to Wall’s pickup and delivery services, if applicable.

You acknowledge that text messages will be sent to the mobile phone number you provide to Wall to Wall. You acknowledge that neither Wall to Wall, its third-party delivery provider, nor your wireless carrier is liable for delayed or undelivered text messages. Depending on the text message services in which you enroll, some text messages from Wall to Wall may include limited personal information, and whoever has access to the mobile phone or carrier account associated with the enrolled mobile phone number will also be able to see this information.

You acknowledge that you must notify Wall to Wall if your mobile phone number changes or if you no longer own the device assigned by your wireless carrier.

Wall to Wall does not impose a separate charge for text messages; however, your mobile carrier’s message and data rates will apply, and you are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: AT&T, Sprint, T-Mobile and Verizon Wireless. Additional minor carriers may also be supported.

You may opt out of a specific Wall to Wall text messaging service at any time by texting STOP to the number upon which you are receiving text alerts. This will only opt you out of the specific text message service associated with that five digit short code. You will remain opted in to other Wall to Wall text message services for which you have consented. After you submit a request to unsubscribe, you may receive one final text message from Wall to Wall confirming that you will no longer receive text messages for that text message service. No additional text messages will be sent unless you re-activate your enrollment in the Wall to Wall text message service. For questions about text message services, text the word “Help” in response to the text message you received.

Liability. You acknowledge that the Wall to Wall text message services are provided on an “as is” and “as available” basis and that we do not make any warranty or representation as to availability, usability, or fitness for a particular purpose. The Wall to Wall text message services may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service issues or changes made by your wireless carrier. We do not warrant that any information provided in our text message services is accurate, complete, reliable, current or error-free. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Wall to Wall text message services. To the fullest extent permitted by applicable laws, we will not be liable to you for any claims, losses, demands, or damages of any kind whatsoever with respect to or connected to these terms and conditions or your use of the Wall to Wall text message services, including, without limitation, direct, indirect, incidental, or consequential losses or damages, whether it be in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, loss or corruption of data and any other commercial or economic loss of any kind).

Privacy Policy. Your use of the Wall to Wall text message services is subject to our privacy policy, which is part of these terms and conditions and is incorporated by its reference. You acknowledge and agree to our privacy policy, which can be found here: Privacy Policy.

Class Action Waiver, Choice of Law and Jurisdiction. You agree that (a) any and all disputes, claims, and causes of action arising out of or connected with Wall to Wall text message services will be resolved individually, without resort to any form of class action; (b) to the fullest extent permitted by law, you waive any right to a jury trial in any action or other legal proceeding arising out of or relating to these terms and conditions or your use of the text message services; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or your and our rights and obligations shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in the District Court in and for Polk County, Iowa.

Version 1.0

Last updated on July 22, 2024.

©2024 Wall to Wall, LLC All rights reserved.



Wall to Wall Rewards Program Terms and Conditions


These Terms and Conditions (“Terms”) govern your eligibility and participation in the Wall to Wall, LLC (“Wall to Wall”) sponsored loyalty program known as Wall to Wall Rewards (the “Program”).  By participating in Wall to Wall Rewards, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not participate in the Program. If you fail to comply with these Terms, you may lose your right to participate in the Program. These Terms may be changed from time to time and without notice at Wall to Wall’s sole discretion and as provided by applicable law. You should check these Terms frequently for any such changes, but, in any case, your continued participation in the Program shall constitute acceptance of any such modifications. If any provision of these Terms are deemed to be unlawful, void, or for any reason unenforceable, such provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.

Program Eligibility and Enrollment

This is a free Program open to individuals who are at least twenty-one (21) years of age.  The Program is for personal use only. Commercial customers and individuals purchasing items for resale are not eligible for Program membership. There is no purchase necessary to enroll. To enroll in the Program, eligible persons may request membership at a participating store or by completing enrollment online at Wall to Wall Wine and Spirits Rewards. At time of enrollment, eligible persons must provide their name and phone number, and may provide an email address. Eligible persons may have only one membership at a time. Enrollment is not effective until enrollment has been accepted and activated by Wall to Wall. If a member is determined to be ineligible after enrollment, the membership will be terminated immediately, and no benefits will be paid, due or redeemable.

Membership Benefits

Program membership entitles members to receive Wall to Wall Rewards Points (“Points”) when a member makes certain qualified purchases online or in-store from a participating Wall to Wall location.  Membership benefits may vary by state, county or locality. 

Members receive two (2) points for each $1.00 spent on eligible items per transaction, but only if the Member provides his/her Program membership information before payment for the eligible items. Points are calculated on a per-item basis and are awarded based on the pre-tax value of the eligible items purchased, after any applicable discounts have been applied. Eligible items may vary by store or by state.  Points have no cash value. Points expire at the end of the month, twelve (12) months following the date of purchase of the eligible item.  Members may not transfer Points between Program accounts, cannot combine Points from other accounts for redemption, and may not sell, auction or purchase Points other than as outlined herein.

If a Member returns an item made with the Member’s Program account, Points will be automatically removed as follows: (i) on a full refund, all points will be removed; (ii) on a partial item refund, Points will be removed proportional to the refund amount; (iii) for exchanges, Points will be adjusted based on the items being exchanged.

Members are eligible to receive $5 Wall to Wall Rewards (“Rewards”) for each 1,000 Points received on eligible purchases. Rewards are valid only at participating Wall to Wall locations and may not be combined with other discounts or promotional offers unless otherwise specified in writing by the participating store.  Rewards have no cash value and can only be redeemed once. Rewards must be used in total when redeemed and cannot be redeemed on past purchases. Members with available Rewards paying with a card linked to their Program account may see a Reward redemption screen at checkout that allows them to select from their available Rewards and apply them to their transaction. Rewards cannot be used on the purchase of a gift card, bottle deposits, keg and tap deposits, tap and tub rental fees, or any items prohibited by law.

Personal Information and Communications

While Program membership is free and no initial purchase is required, Wall to Wall is entitled to use and/or disclose the personal information that a member provides during the enrollment process as well as information that is gathered as part of a member’s use of the Program. The manner by which Wall to Wall collects, discloses and uses a member’s personal information is described in our Privacy Policy.

By participating in the Program, each member agrees to allow Wall to Wall to communicate via mail, email, phone, and various other channels. If permission is granted by the member, Wall to Wall may also communicate via text or mobile device. Wall to Wall may, but is not required to, use these channels to communicate member account status, notify a member when they are eligible for a reward, communicate program changes, or offer special promotions, coupons, or other information that may be of interest to the member.  It is up to member to keep member’s mailing address, email, phone or other information up to date.

Indemnification

As a condition of a member’s participation in the Program, each member agrees to indemnify, defend and hold harmless Wall to Wall, including its officers, directors, employees, affiliates, parent company, licensors, suppliers, information providers and agents, (collectively,  the “Wall to Wall Parties”) from and against all losses, expenses, damages, fees, fines and costs, including without limitation, reasonable attorneys’ fees, resulting from or relating to a member’s participation in the Program, use of Wall to Wall’s products or services or violations of these Terms.

IF THE WALL TO WALL PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE WALL TO WALL PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE WALL TO WALL PARTIES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WALL TO WALL PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE PROGRAM; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PROGRAM; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE ADMINISTRATION OF THE PROGRAM; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA; OR (V) ANY OTHER MATTER RELATED TO THE PROGRAM, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF THE WALL TO WALL PARTIES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WALL TO WALL PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OR IN RELATION TO THE PROGRAM, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.

Any claims relating to the Program must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.  Those who participate in the Program do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

Governing Laws in Case of Dispute; Arbitration; Jurisdiction

ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP IN THE PROGRAM, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WALL TO WALL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY.  BY ENROLLING IN THE PROGRAM YOU AGREE THAT WALL TO WALL AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location.

If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), you agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and the Wall to Wall Services, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.

You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing party attorneys’ fees provision a part of any statute under which you may bring a claim.

Additional Terms

Wall to Wall has the right to interpret and apply these Terms and all determinations by Wall to Wall are final.  Wall to Wall reserves the right to refuse service or cancel a member’s Program membership at any time and without notice. Wall to Wall reserves the right to modify or terminate the Program at any time and without notice.  Participating locations may vary.  This Program or member eligibility is void where prohibited by law.

Last updated on July 22, 2024.

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