Terms of Service

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Terms of Service

1. Introduction

Welcome to the Wine Inquirer, LLC. We have developed these Terms of Service to govern your use and enjoyment of this site. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit www.wineinquirer.com.

2. Intellectual Property

You agree not to use any part of wineinquirer.com for any unlawful purpose. We reserve the right to terminate or restrict your access to wineinquirer.com if, in our opinion, your use of wineinquirer.com may violate any laws, infringe upon another person’s rights or violate these Terms of Service.

All information, content, services and software displayed on, transmitted through, or used in connection with wineinquirer.com, including for example, articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is licensed or owned by the wineinquirer.com and is protected by US and international intellectual property laws. You may use the content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the content solely for your personal, non-commercial use. If you operate a Web site and wish to link to wineinquirer.com, you may do so provided you agree to cease such link upon request from wineinquirer.com. All rights not expressly granted are expressly reserved. No other use is permitted without prior written permission of wineinquirer.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not republish any portion of the Content in print or electronic media including but not limited to, any Internet, Intranet or extranet site. You may not incorporate the Content in any database, compilation, archive or cache. You may not distribute or participate in the distribution of any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape, cut and paste or otherwise copy our Content without permission. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through winespectator.com, not to insert any code or product or manipulate the content of wineinquirer.com in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

3. Intellectual Property Violations

As a condition of your ability to access and use wineinquirer.com, you agree that you will not violate any intellectual property rights of wineinquirer.com

4. User-Provided Information and Content

Please note wineinquirer.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to wineinquirer.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against wineinquirer.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

5. General Disclaimer and Limitation of Liability

While wineinquirer.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Wineinquirer.com does not represent or warrant that use of any Content will not infringe rights of third parties. Wineinquirer.com has no responsibility for actions of third parties or for content provided or posted by others.

USE OF WINEINQUIRER.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE WINEINQUIRER.COMĀ  MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING WINEINQUIRER.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH WINEINQUIRER.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF WINEINQUIRER.COM OR SUCH CONTENT OR SERVICES.

ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WINEINQUIRER.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.

WINEINQUIRER.COM IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

WINEINQUIRER.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WINEINQUIRER.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WINEINQUIRER.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION INCLUDING SPECIFICALLY FOR PURCHASING DECISIONS AND/OR CELLARING ANY PARTICULAR WINE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL WINEINQUIRER.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARYOR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WINEINQUIRER.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

6. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, WINEINQUIRER.COM , OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF WINEINQUIRER.COM; (2) WINEINQUIRER.COM’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) ANY VIOLATION OF THIS AGREEMENT BY YOU.

7. International Users

Wineinquirer.com is controlled, operated and administered by wineinquirer.com from its offices within the United States. Wineinquirer.com makes no representation that materials or Content available through wineinquirer.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use wineinquirer.com or export the Content in violation of U.S. export laws and regulations. If you access wineinquirer.com from a location outside the United States, you are responsible for compliance with all applicable laws.

8. Miscellaneous

Wineinquirer.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of wineinquirer.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. Your continued use of the service now, or following any changes to these Terms of Service will indicate acceptance by you of such rules, changes or modifications. These Terms of Service and any other Terms and Conditions of Service on wineinquirer.com constitute the entire agreement between you and wineinquirer.com.Wineinquirer.com may modify, suspend, discontinue or restrict the use of any portion of wineinquirer.com, including the availability of any portion of the Content at any time, without notice or liability. Wineinquirer.com may deny access to any person or user at any time for any reason.

9. Applicable Law

These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to winespectator.com must be filed in a federal or state court located in Tucson, Arizona within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of wineinquirer.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

10. Waiver

The failure of wineinquirer.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.