Effective Date: 09/29/2025
Last Revised: 09/29/2025
Thank you for your interest in The Grape Grind (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of https://www.thegrapegrind.com (the “Site”), including any content, functionality, and services (collectively, “Services”) offered on or through the Site, whether as a guest or as a registered user.
These Terms apply to the Site and otherwise in the course of providing our Services only to the extent that we expressly incorporate them, such as by internet link on a website, express incorporation by reference in a contract, or other presentation or display to users.
Before using any of the Services, please read these Terms, our Privacy Notice and Cookie Notice, and any other policies and notices on the Site, or as otherwise made available to you by us. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms.
Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and The Grape Grind to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them, so if you have any questions, please contact us.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND The Grape Grind RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 14 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH The Grape Grind.
1. Updates to These Terms
The Grape Grind reserves the right, at its discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms of Service. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.
2. Eligibility
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Site.
3. Your Account
3.1. You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services, like making a purchase, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services.
3.2. You agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
3.3. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.
3.4. We have the right to disable or terminate your account or any portion of it at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3.5. You may disable your account at any time by contacting us.
4. Privacy
Please read the Grape Grind Privacy Notice carefully for information relating to our collection, use, storage and disclosure of your personal information. The Grape Grind Privacy Notice, which includes our Cookie Notice, is incorporated by reference into, and made a part of, these Terms.
5. Content
5.1. User Content. Certain features of the Service may permit you to post or publish content, including reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”).
5.2. Limited License Grant. By your use of the Services, you grant The Grape Grind a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, including User Content that may include aspects of your individual persona (name, image, likeness, etc), in any media formats and through any media channels (now known or hereafter developed) in order to deliver the Services and for other purposes disclosed in these Terms and the Privacy Notice. Any such use of your User Content by The Grape Grind may be without any compensation paid to you.
5.3. Limited License Grant to Others. By sending, posting, or sharing User Content with another User of the Service, and subject to the Terms herein, you hereby grant that User a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, license to (i) access and use such User Content, including User Content that may include aspects of your individual persona (name, image, likeness, etc), through the ordinary use of the provided functionality of the Service; and (ii) use, reproduce, distribute, and publicly display the User Content, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
You recognize that The Grape Grind does not monitor nor control what Users may do with User Content that you send using software or other tools beyond the functionality provided on the Site. As such, you should anticipate that the other User may freely share any content you send, post, or upload and acknowledge and undertake the risk that any such content may not remain private.
5.4. Representations About Your User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
5.5. User Content Disclaimer. The Grape Grind is under no obligation to edit or control User Content that you or other Users post or publish, and The Grape Grind will not be in any way responsible or liable for User Content. The Grape Grind may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in The Grape Grind’ sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Grape Grind and other Users with respect to User Content and the transmission and handling of same. The Grape Grind expressly disclaims any and all liability in connection with User Content. If notified by a User or content owner that User Content allegedly does not conform to these Terms, The Grape Grind may investigate the allegation and determine in its sole discretion whether to remove the User Content, which The Grape Grind reserves the right to do at any time and without notice.
6. Digital Millennium Copyright Act.
6.1. DMCA Notification. The Grape Grind complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact The Grape Grind’ Designated Agent.
6.2. Required Content of DMCA Notice. Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
7. Acceptable Use. You agree to use the Services for the purposes described on the Site and for no other purpose. Without limiting the foregoing, you specifically agree not to:
8. Third Party Services and Linked Websites. The Grape Grind may provide tools through the Services that enable you to export information to third party services, including through features that allow you to link your account on The Grape Grind with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that The Grape Grind may transfer information to the applicable third party service. Such third party services are not under The Grape Grind’ control, and The Grape Grind is not responsible for their use of your exported information. The Services may also contain links to third party websites. Such linked websites are not under The Grape Grind’ control, and The Grape Grind is not responsible for their content.
9. Feedback. If you provide feedback to The Grape Grind regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize The Grape Grind to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to The Grape Grind a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose. The Grape Grind provides no assurances that any reported problems will be resolved by The Grape Grind even if The Grape Grind elects to provide a response or information with the goal of addressing a problem.
10. Ownership; Proprietary Rights. The Services is owned and operated by The Grape Grind. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, Software, services, and all other elements of the Services (the “Materials”) provided by The Grape Grind are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Services are the property of The Grape Grind or our third party licensors. Except as expressly authorized by The Grape Grind, you may not make use of the Materials. The Grape Grind reserves all rights to the Materials not granted expressly in these Terms.
11. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless The Grape Grind and each of their officers, directors, employees, consultants, affiliates, subsidiaries, agents, and distributors (collectively, the “The Grape Grind Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. The Grape Grind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim
12. Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE The Grape Grind ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE The Grape Grind ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE The Grape Grind ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND THE The Grape Grind ENTITIES, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR PERSONAL PROPERTY USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability
IN NO EVENT WILL THE The Grape Grind ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE The Grape Grind ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE The Grape Grind ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THIS TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO The Grape Grind FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Dispute Resolution and Arbitration.
14.1. Generally. In the interest of resolving disputes between you and The Grape Grind in the most expedient and cost effective manner, you and The Grape Grind agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND The Grape Grind ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2. Exceptions. Notwithstanding Section 14.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
14.3. Arbitrator. Any arbitration between you and The Grape Grind will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting The Grape Grind.
14.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”).
The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or The Grape Grind may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or The Grape Grind must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, The Grape Grind will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by The Grape Grind in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000, whichever is greater.
14.5. Fees. Any arbitration hearings will take place at a location to be agreed upon in Franklin County, Ohio provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. In the event of a dispute, and unless otherwise prohibited by law or expressly noted herein, each party will bear their own attorney’s fees and other costs.
14.6. No Class Actions. YOU AND The Grape Grind AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SO The Grape Grind A agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.7. Enforceability. If the entirety of this Section 14 is found to be unenforceable, then parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms
15. Governing Law and Jurisdiction. These Terms of Service is governed by the laws of the State of Ohio without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and The Grape Grind agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Franklin County, Ohio for the purpose of litigating all such disputes. The Grape Grind operates the Services from its offices in Franklin County, Ohio and it makes no representation that Materials included in the Services are appropriate or available for use in other locations.
16. Waiver and Severability
16.1. No waiver of by The Grape Grind of any term in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any failure of Stance to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
16.2. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
17. Entire Agreement. These Terms of Service, together with the Privacy Notice and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and The Grape Grind regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.
18. Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. The Grape Grind may assign these Terms at any time without notice.
19. Section Headers. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.
20. Survival. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
21. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Notice. Please read our Privacy Notice to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that The Grape Grind sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
22. Your Purchase
22.1. Shipping and Delivery Information. We use the most cost-effective shipping method and courier available to ship your item.
We’ll need your name, address, and telephone number to complete your order and send you your The Grape Grind purchase. For information about shipping and delivery, please visit the FAQ section of our Site.
22.2. International Shipping. Our shipping costs do not include any customs charges you may incur. These fees must be paid by you, the customer, and will typically be billed to you by the courier upon the package arriving in the country.
22.3. Payment Information. After you have made your selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
22.4. Discounts and Sales. Discounts and sales may be available for your purchase if it is placed through the Site. Discounts cannot be combined with any other offers. Purchases made after a promotion ends are not eligible for the discount. For more information, please visit the Discounts & Sales section of our Site.
22.5. Checking Order Status. We will provide you with a tracking number when your order ships.
22.6. Changing or Canceling an Order. We will try our best to accommodate order modifications, but we cannot guarantee them.
Once an order has shipped, it may not be cancelled. It must be treated as a return or exchange.
22.7. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS). Please visit the FAQ section of our Site for additional information.
22.8. Returns, Exchanges, and Refunds. Returns, exchanges, and refunds may be available. Please visit the Refunds & Exchanges section of our Site for additional information.
For questions or concerns regarding these Terms or the Services, please contact us:
Email: kendeigh [at] thegrapegrind.com
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