Users of the Services (“Users”) may be “Members,” which means they have registered with the Site and have current paid (by User or on their behalf) access to content (collectively, “Content”). Users may also be “Visitors,” which comprise all Users that are not Visitors, or Visitors that are accessing unpaid content or portions of the Services.
The AtWineries Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services to publish such Winery or Vineyard Listing and unique Wine Tasting Event Services on the AtWineries Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Event Services (Members using Event Services are “Users”).
We may modify this Agreement from time to time. Your continued use of the Services after any modification to this Agreement shall constitute agreement to the modified Agreement. We will provide or display notices of material changes on the Services and/or e-mail you or notify you upon login about these changes, provided that the form of such notice is at our discretion. Once we post or make available such changes on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by such changes. Please check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
You must be at least 21 years old to access or use the Site or Services, including without limitation to complete a AtWineries account registration. By accessing or using the Services or the Site in any manner, you represent and warrant that you are at least 21 years of age. If you are under 21 years old, you may not, under any circumstances or for any reason, access or use the Services or Site in any manner, and may not provide any personal information to or on the Services or Site (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 18 years old to access or use the Site or Services, including without limitation to complete a AtWineries account registration. By accessing or using the Services or the Site in any manner, you represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not, under any circumstances or for any reason, access or use the Services or Site in any manner, and may not provide any personal information to or on the Services or Site (including, for example, a name, address, telephone number or email address).
In order to access and utilize content, features, and/or functionality of the Services, we require that you register for a User Account (Personal or Business Account) using your preexisting Facebook or Google account, or with a unique username (email address) and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, name and other information (collectively, a “User Account”). Certain information you provide for your User Account will be visible to other Users of the Service. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information
If you elect to become a registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify us of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.
Users can elect to create a Personal or a Business Account.
Personal Account is an account for personal, non-commercial use which may be used to submit reviews, messages, photographs and other types of User Content. Creating a Personal Account with complete and accurate information about yourself is highly encouraged, but you may also withhold information that would make you personally identifiable. Only one account per person is allowed and you may not impersonate another person.
Business Account account is for use by a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the respective business, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
In order to access paid Content, you must be a registered User. Without limiting the foregoing, you may not access paid Content if the term of your paid access has lapsed or if you have violated any term of this Agreement. We may also offer free Content accessible by Users or unregistered Visitors to our Site.
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Site, to registered Users and/or otherwise, as we determine in our sole discretion. You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such same in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times, and shall not violate or attempt to violate any security components thereof.
To the extent you choose to purchase products/services on or through the Site, you represent and warrant that you are 21 years of age or older and that you agree to pay, in full, any and all applicable fees and charges (including, without limitation, all applicable taxes) as they become due. Your misrepresentation or failure to pay any such fees may result in the termination of your User Account. We do not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of purchase. If the payment method you use (e.g., credit card, etc.) reaches its expiration date and you do not edit your payment method information or cancel your User Account, you acknowledge and agree that we may continue to bill such payment method and you shall remain responsible for any uncollected amounts.
You may cancel your Service subscription at any time and such cancellation will be effective at the end of the subscription period in which you provide notice of cancellation. To cancel your Service subscription, please log in to your account on the Site and follow the instructions for cancellation. Your membership will automatically renew at the end of your subscription period until you notify us of your decision to cancel your Service subscription in accordance with this section. AtWineries reserves the right to cancel your Service subscription at any time. If, prior to the first fourteen (14) days of your Services subscription or after your first access to your first Service (whichever is earlier), you are not completely satisfied, you may cancel your Service subscription using the process set forth above, email us at email@example.com with your account email asking for a refund, and we will refund in full your paid subscription amount.
Refunds shall be processed within thirty (30) days of request.
Except as expressly stated above, we do not guarantee refunds on any fees or charges related to Service subscriptions or other products/services for which we might charge, including, without limitation, for lack of usage or dissatisfaction.
You acknowledge and agree that we may utilize certain third party operational service providers, including, without limitation, third-party payment systems, in connection with your purchases via the Site. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. We make no guarantees or representations regarding the performance or fairness of these third party operational service providers, including any third-party payment services, and we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Services subscriptions will not change price post-subscription for the duration of the subscription. Prior to any purchase confirmation, prices are subject to change without notice. Additional terms may apply to your access to and use of the Services and all such terms are deemed Additional Terms and incorporated herein by reference.
All charges on the Site are facilitated through a third-party payment processing service. By agreeing to this Agreement, or continuing to operate as a User of the Services, you agree to be bound by the third party payment processor terms, as the same may be modified by from time to time. As a condition of us enabling payment processing services through a third party payment processor, you agree to provide us with accurate and complete information about you and your business (if applicable), and you authorize us to share it and transaction information related to your use of the payment processing services.
AtWineries may replace its third-party payment processing services without notice to you.
We (and/or our licensors) own all right, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use in accordance with the terms and conditions of this Agreement, and for no other purposes, and except as expressly authorized by us herein and/or set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Services, including, without limitation, any content therein, without our express, prior written consent. You further understand and agree that the framing or scraping of or in-line linking to the Services and/or the use of Web crawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services.
The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You are solely responsible for your conduct in connection with the Services.
You may not:
alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so; except as expressly authorized by AtWineries and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use or share the Services, including, without limitation, any content therein, without our express, prior written consent of; engage in or encourage conduct that: (i) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party; (ii) affects adversely or reflects negatively on AtWineries, its divisions or affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else; and/or (iii) discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services; modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User; impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; and/or solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
AtWineries may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the AtWineries Platform ("Member Content"); and (ii) access and view Member Content and any content that AtWineries itself makes available on or through the AtWineries Platform, including proprietary AtWineries content and any content licensed or authorized for use by or through AtWineries from a third party ("AtWineries Content" and together with Member Content, "Collective Content").
The AtWineries Platform, AtWineries Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the AtWineries Platform and AtWineries Content, including all associated intellectual property rights, are the exclusive property of AtWineries and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AtWineries Platform, AtWineries Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of AtWineries used on or in connection with the AtWineries Platform and AtWineries Content are trademarks or registered trademarks of AtWineries in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the AtWineries Platform, AtWineries Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the AtWineries Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AtWineries or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, AtWineries grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the AtWineries Platform and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the AtWineries Platform, you grant to AtWineries a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the AtWineries Platform, in any media or platform. Unless you provide specific consent, AtWineries does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
You acknowledge and agree that AtWineries shall have the right to use any Member Content for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where AtWineries is not the exclusive owner of User Images, by using such User Images on or through the AtWineries Platform, you grant to AtWineries an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such User Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. AtWineries in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use User Images outside of the AtWineries Platform solely for your personal and non-commercial use.
You are solely responsible for all Member Content that you make available on or through the AtWineries Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the AtWineries Platform or you have all rights, licenses, consents and releases that are necessary to grant to AtWineries the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AtWineries's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates AtWineries’s Content Policy or any other AtWineries policy. AtWineries may, without prior notice, remove or disable access to any Member Content that AtWineries finds to be in violation of these Terms or AtWineries’s then-current Policies or Standards, or otherwise may be harmful or objectionable to AtWineries, its Members, third parties, or property.
AtWineries respects copyright law and expects its Members to do the same. If you believe that any content on the AtWineries Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
The Services may provide you and other Users with an opportunity to participate in viewing communities, message boards, chat rooms, personal profiles, forums and other message, comment and communication features on the Services, including in connection with Third Party Social Media Services that provide you with the opportunity to submit, post and otherwise make available content, messages and other information via the Services (collectively, “User Content”). You represent, warrant and covenant that (i) you own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.
We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content. Without limiting the generality of the foregoing, by submitting User Content on the Site, you hereby grant to us a non-exclusive, irrevocable, royalty-free, worldwide right (i.e., a license) to use, reproduce, create derivative works of, publish and distribute such User Content.
You agree that: (i) you have no expectation of privacy in any User Content; and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and AtWineries by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, as determined in AtWineries’s sole discretion.
Without limiting the foregoing, you may not submit, post, and/or otherwise make available through the Services any User Content that: you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and/or that is or may be construed as in violation of this Agreement, as determined in our sole discretion.
The Content may provide you with the ability to post messages to User forums or User review pages, and send messages and communications to other Users and/or us. You agree to use communication methods available on the Content only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall constitute User Content and shall be subject to and governed by this Agreement. By using any of the communications methods available on the Services, you acknowledge and agree that: (1) all communications methods constitute public, and not private, means of communication between you and the other party or parties; (ii) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by AtWineries in any manner (unless expressly stated otherwise by AtWineries); and (iii) communications are not screened, monitored or pre-approved by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with this Agreement.
AtWineries assumes no responsibility or liability for monitoring, or failing to monitor, the Services for inappropriate content or conduct; however, if at any time AtWineries chooses in its sole discretion to monitor the Services, AtWineries nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to us, as determined in our sole discretion; provided, however, that we shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. Further, you acknowledge, consent and agree that we may access, preserve and disclose your User Account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with the law or legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect our rights, property or personal safety, other Users and/or any third parties including acting in urgent circumstances.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512©(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent:Name and Address of Designated Agent: AtWineries Copyright Agent
If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to AtWineries for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AtWineries’s sole discretion.
Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright.
You agree to indemnify, defend and hold AtWineries, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with: (i) your use of the Services; (ii) your breach and/or violation this Agreement; and/or (iii) your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
You are solely responsible for your interactions with the Site and associated Services. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product or service provided by third-parties, any action or inaction by third-parties, including third-party’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
THE SERVICES, AND ALL CONTENT, PRODUCTS, THIRD PARTY SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT ATWINERIES ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATWINERIES, ITS AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE). WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE TO 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 ACTION. Unless we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
The Services are controlled and operated by AtWineries from the U.S. We make no representation that the Services are appropriate or available for use outside the U.S. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable.
The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
The failure of AtWineries to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by AtWineries without restriction, notice or other obligation to you.
All matters relating to the services and this agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Agreement and/or the Services shall be instituted exclusively in the State and Federal courts located in Orange County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
This Agreement contains the entire understanding and agreement between you and AtWineries concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof.
This Agreement was last modified on the date indicated above and is effective immediately.
Thank you for taking the time to read these Terms.