RRRemuda Reserve

Terms of Service

Remuda Reserve Terms of Service

AnyRoad owns and operates a personalized subscription service that allows our members to access certain of our Lifetime Loyalty Partners' ("Partner") selected products and content. The Remuda Reserve (the "Program") is a membership program of Pendleton Whisky, the Partner for the Program, and is operated by AnyRoad on the Partner's behalf. AnyRoad does not own the Program or the Partner's brands, products, or content, and provides the subscription service through which the Program is made available to Members. You have accepted these Terms of Service, which govern your use of our service. As used in these Terms of Service, "membership service", "our service" or "the service" mean the subscription service provided by AnyRoad in conjunction with, and on behalf of, the Partner in order to make the Program available to you.

When you sign up as a Member of The Remuda Reserve, a Membership Program operated by AnyRoad in conjunction with and on behalf of the Partner, your membership entitles you to the benefits described in Section 4.5, which currently include:

Membership does not include the sale, delivery, or shipment of spirits by AnyRoad or the Partner. All benefits are subject to availability and to the eligibility requirements and limitations described in these Terms of Service. References to 'you' in these Terms of Service indicate the member who created the membership account and whose payment method is charged.

You may also be invited to Members-only events, including up to three (3) in-person meetups and three to four (3–4) virtual events each year, as further described in Section 4.5.4. Participation is voluntary, and at your discretion.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH ANYROAD (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Membership

1.1. Your membership will continue and automatically renew. To use the AnyRoad service you must have Internet access and an AnyRoad ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. The current membership fee is $99 per year, plus applicable taxes. Memberships are personal to the Member and may not be transferred or assigned to any other person. Your membership will automatically renew at the end of each billing cycle, and the applicable subscription fee will be charged to your Payment Method unless you cancel your membership in accordance with Section 3.4 or we terminate your membership in accordance with these Terms of Service.

1.2. The Remuda Reserve is currently offered as a single membership tier at $99 per year. We may in the future offer additional subscription tiers that provide different benefits. Pricing and benefits for the membership can be viewed in your membership account. In addition, we may give our users the opportunity to watch live or special events (including replays of such content) or to enjoy new additional features. Such content and new features may depend on your subscription tier.

1.3. Some subscription benefits, including additional member benefits, and any partner discounts, are offered by the Partner or other third parties in conjunction with the provision of their own products and services. AnyRoad is not responsible for the products and services provided by such Partner or third parties. In addition, some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription by visiting the membership website and clicking on the "Account" link available at the left side of the page under your profile.

2. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships ("Offers"). Offer eligibility is determined by the Partner at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

3. Billing and Cancellation

3.1. Billing Cycle. The subscription fee for the membership service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method the date you authorized such payment. Your billing cycle is annual unless you qualify for another billing cycle through an Offer. The current subscription fee is $99 per year, plus applicable taxes. Subscription fees are charged in advance for the full annual membership term. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.

3.2. Payment Methods. To use the AnyRoad service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page and click "Manage Subscription" or email the support email noted in the accounts page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.4. Cancellation. You may cancel your membership at any time through the "Account" page of the member home or by contacting our concierge team at concierge@pendletonremudareserve.vip. Cancellation stops any further automatic renewal. Membership benefits are provided over the full Membership term, and following cancellation you will continue to receive benefits through the end of the annual term for which you have paid. A refund is not guaranteed. Refund requests are reviewed on a case-by-case basis, and any refund or other accommodation (including in the event of an extenuating circumstance that materially affects a Member's ability to receive Membership benefits) will be provided at our sole discretion. Memberships may be cancelled at any time but may not be transferred to another person.

3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

3.6. Refunds. While payments are generally nonrefundable, we may issue refunds or credits at our sole discretion in certain circumstances, such as in the event of a service malfunction or failure to deliver the promised service. All refund requests are reviewed on a case-by-case basis as described in Section 3.4. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

4. Membership Service

4.1. You must be at least 21 years of age to become a member of the applicable membership service. Individuals under the age of 21 are not permitted to participate in the membership or related activities and may not access the service, even with the involvement of a parent or legal guardian.

4.2. The AnyRoad service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. Your membership is personal to you and may not be transferred, assigned, sold, or shared with any other person.

4.3. You may access membership content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan. The content that may be available may vary by geographic location and may change from time to time.

4.4. You agree to use the AnyRoad service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.

4.5. Membership Benefits.

4.5.1. Benefits Generally. Membership benefits are those described in these Terms of Service and in the member materials made available to you, and currently consist of:

Benefits are subject to availability. Membership does not include the sale, delivery, or shipment of spirits by AnyRoad or the Partner, and no portion of the membership fee is consideration for the purchase of alcoholic beverages.

4.5.2. Quarterly Product Credit. Members are eligible to receive a $25 credit per calendar quarter toward Pendleton Whisky products, issued in the form of a rebate. To participate, you must enroll by providing a mobile telephone number, which occurs in tandem with enrollment in the membership, in order to receive rebate instructions by SMS; message and data rates may apply. You must then submit a copy of a qualifying purchase receipt and select your preferred payment method, Venmo or PayPal. Each submission is reviewed to verify that the purchase meets all applicable offer requirements, including eligible products, quantities, purchase dates, and other applicable criteria, and is screened for potential fraud and duplicate claims. Once a submission is approved, the rebate is issued directly to you through your selected payment method. Members who reside in Indiana, Texas, Utah, or Hawaii are not eligible for this benefit. This benefit is void where prohibited and is subject to the full offer terms disclosed to you at enrollment.

4.5.3. Online Retail Discount and Members-Only Merchandise. Members receive a 15% discount at the designated Pendleton Whisky online retail store by applying a designated code upon checkout. You must check out using the email address associated with your membership account so that our system recognizes you as a Member. Please allow up to two (2) weeks following enrollment for your discount to become active. Members-only merchandise, including member-exclusive wearables and barware, is available by signing in to the member home and navigating to the "Exclusive Merch Store" tab; no code is required at checkout. Merchandise offerings are subject to availability and may change from time to time.

4.5.4. Events. The Partner, together with AnyRoad, expects to hold up to three (3) in-person member events each year and three to four (3–4) virtual events each year. Members are required to purchase tickets to in-person events separately and may receive early ticket access and special access onsite. Members are not required to live within any particular distance of an event location to be a Member. Event details and RSVP information are made available on the member home. The number, format, timing, and location of events are subject to change, and no particular event is guaranteed.

4.5.5. Digital Membership ID and Partner Discounts. Members receive a digital membership ID accessible through the member home. From time to time we may make additional partner discounts available. Partner discounts are provided by third parties, are subject to those third parties' own terms and conditions, and may be added, changed, or withdrawn at any time.

4.5.6. Changes to Benefits. Membership benefits, including the events, credits, discounts, and merchandise described above, may be modified, substituted, or discontinued. For existing Members, material changes to membership benefits will be effective one month following notice to you in accordance with Section 8.4.

5. Passwords and Account Access. You are responsible for any activity that occurs through your membership account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, AnyRoad or our Partners from identity theft or other fraudulent activity. AnyRoad will evaluate each case of account hold due to identity theft or fraudulent activity and may, at its sole discretion, provide a credit or discount on the subscription.

6. Disclaimers of Warranties and Limitations on Liability

6.1. THE MEMBERSHIP SERVICE AND ALL PRODUCTS, CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MEMBERSHIP SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ANYROAD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ANYROAD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANYROAD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ANY APPLICATIONS AND THE ANYROAD SOFTWARE.

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ANYROAD, ITS PARTNERS OR THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. Nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you.

7. Arbitration Agreement

7.1. You and AnyRoad agree that any dispute, claim or controversy arising out of or relating in any way to the AnyRoad service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AnyRoad are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Membership.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to AnyRoad, by certified mail, a written Notice of your claim ("Notice"). The Notice to AnyRoad must be addressed to: c/o Lifetime Loyalty, AnyRoad, Inc., PO Box 640, San Francisco, CA 94104-0640 ("Notice Address"). If AnyRoad initiates arbitration, it will send a written Notice to the email address used for your AnyRoad account. A Notice, whether sent by you or by AnyRoad, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AnyRoad and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AnyRoad may commence an arbitration proceeding or file a claim in small claims court.

7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after AnyRoad receives notice at the Notice Address that you have commenced arbitration, AnyRoad will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

7.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless AnyRoad and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of AnyRoad's last written settlement offer made before an arbitrator was selected (or if AnyRoad did not make a settlement offer before an arbitrator was selected), then AnyRoad will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND ANYROAD 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 AnyRoad agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

8. Miscellaneous

8.1. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please email our concierge team at concierge@pendletonremudareserve.vip or support@anyroad.com, or your account membership page and click on the support email. In the event of any conflict between these Terms of Service and information provided by Customer Service or other portions of our websites, these Terms of Service will control.

8.3. Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.4. Changes to Terms of Service and Assignment. AnyRoad may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you via the email on file on your account. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable AnyRoad service.

8.5. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

9. Publicity

By participating in The Remuda Reserve member-only events, whether in-person or virtual, you grant AnyRoad the right to capture and utilize your likeness, including photographs and videos, for publicity and promotional purposes related to The Remuda Reserve and the Lifetime Loyalty Program. This may include posting about your attendance and experience at these events on AnyRoad's platforms and in its marketing materials. You waive any right to review or approve such use. If you prefer not to have your likeness used for publicity, you may opt out by notifying AnyRoad in writing before or during the event.