USE OF THIS E-COMMERCE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT USE THIS OR ANY INFORMATION
OR MATERIALS CONTAINED ON THE SITE. USE OF THE SITE INDICATES ACCEPTANCE OF THESE
TERMS OF SERVICE.
While using this WineConnect site, you agree that you will not:
The Sale of Alcoholic Beverages
1. Intentionally or unintentionally violate any applicable laws or regulations.
2. Tamper with this site.
3. Remove content from this site for any purpose.
As required by state and federal law, this website does not sell alcohol to persons
under the age of 21. By using this site you swear and affirm that you are over the
age of 21. Alcohol purchased from this site must be intended for personal consumption
and not for resale. Please do not use this site if you do not agree with these terms.
Misrepresentation of age, intentional or unintentional, in order to purchase alcohol
by a minor or for a person under the age of 21 will result in prosecution to the
fullest extent of the law.
Protection of Content Provided by WineConnect and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on this WineConnect
Site are copyrighted materials owned by or licensed to WineConnect, Inc.. The Site
Content may contain trademarks, service marks and trade names which are owned by
WineConnect, and may also contain trademarks owned by third parties. WineConnect
is a trademark of WineConnect, Inc. You may not reuse, reproduce or use this trademark
in any way that could confuse users or disparage WineConnect, Inc. You may not sell,
reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform,
prepare derivative works based on, frame, mirror, repost, exploit for any commercial
purpose, or otherwise use any content available on this site in any way for any
public or commercial purpose without prior written consent of WineConnect. No content
available through this site can be used in any other web applications without the
written consent of WineConnect, Inc. Violation of these terms will result in a termination
of your ability to use this WineConnect website. In the result of a violation of
the terms, copies of content from this site must be destroyed and your ability to
use this WineConnect website will be revoked. Nothing contained in this WineConnect
site shall be construed as conferring any license or right under any copyright,
trade secret, patent, trademark or other intellectual property rights of WineConnect,
its affiliates, or any third party. Except as provided in these Terms of Service,
the exercise of any and all intellectual property rights are exclusive to WineConnect,
Some aspects of this WineConnect site require an account. This account is created
using a functional email address and is protected with a password created by the
user. WineConnect will not publish or make public information related to these accounts.
Any correspondence will be as requested by the user. User Information, including
information entered in to a tasting journal, becomes the property of WineConnect, Inc.
We DO NOT share ANY personally identifiable information with third parties and make
every reasonable effort to protect personally identifiable information. An outside
shipping company is used in orders placed for delivery. Third-party credit card
processing companies are used to bill you for goods and services. These companies
do not retain, share, store or use personally identifiable information for any other
Disclaimer of Warranties
ALTHOUGH WINECONNECT STRIVES TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION
ON THIS WEBSITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS
OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WINECONNECT
DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE PROBLEM-FREE. USE OF THIS WINECONNECT
WEBSITE IS AT YOUR OWN RISK. USE OF THIS WEBSITE INDICATES AN ACCEPTANCE THAT ALL
RESPONSIBILITY FOR COSTS AND FINANCIAL OBLIGATIONS THAT ARE A RESULT OF USE OF THIS
WEBSITE WILL BE BORNE BY THE USER. WINECONNECT PROVIDES NO WARRANTIES REGARDING
THE SUITABILITY OR ACCURACY OF CONTENT AVAILABLE ON THIS WEBSITE.
Limitation of Liability
IN NO EVENT SHALL WINECONNECT AND/OR THE RETAILER BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THIS WINECONNECT WEBSITE, INCLUDING PERFORMANCE OF THE
SITE, THE INABILITY TO USE THE SITE, INFORMATION RECEIVED THROUGH THIS SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINECONNECT
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE SOLE
AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE
USE OF THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF
ANY OTHER PROVISION THAT LIMITS WINECONNECT’S LIABILITY OR YOUR REMEDIES.
WineConnect will not be liable for any damages, delay or failure to perform any
of its obligations under this Agreement if such damages, delay or failure to perform
(other than payment of amounts owing hereunder) is caused by an event of force majeure
not within the reasonable control of WineConnect, Inc.. Without limiting the foregoing,
the following will constitute events of force majeure: acts of State or governmental
action, riots, war, strikes, lockouts, prolonged shortage of energy supplies, epidemics,
fire, flood, hurricane, typhoon, earthquake, lightning, act of terrorism, explosion,
the failure of the Internet backbone or of Internet providers, or the failure of
telecommunications equipment or other hardware or software. The user acknowledges
and agrees that any delay or failure to perform any of its obligations hereunder
(and any damages resulting therefrom) will only be excused so long as the event
of force majeure remains in force.
WineConnect may make changes to this site at any time without liability. Users are
responsible for compliance with local laws. If any provision of these Terms of Service
is held by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the parties,
with all other provisions remaining in full force and effect. The failure of WineConnect
Inc. to enforce any right or provision in these Terms of Service shall not constitute
a waiver of such right or provision. The Terms of Service comprise an agreement
between you, the user and WineConnect. This agreement supersedes any and all prior
or contemporaneous negotiations, discussions or agreements, if any, between the
parties regarding the subject matter contained herein. Minnesota law and controlling
U.S. federal law will govern any action related to these Terms of Service. You agree
to submit to the jurisdiction of the courts located in Hennepin County in the State
of Minnesota for the resolution of all disputes arising from or related to these
Terms of Service and/or your use of this WineConnect Website.
The following provisions shall survive any termination of these Terms of Service:
No Warranty, Limitation of Liability, Indemnity and General Provisions.
Terms of Service created July 14, 2008.