User’s Acknowledgment and Acceptance of Terms
Description of Services
You must be 21 years of age or older to purchase a subscription to the services, membership or any other content, product, or service offered by us through the site. We make various services and content available on this site including, but not limited to, articles and industry information. Membership and subscription fees are set out elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the site and access the content, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services and content available through this site may occur as normal events. You further understand and agree that we have has no control over your connectivity to the site, and third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and content available on this site are provided “AS IS” and except as provided herein, we assume no responsibility for the accuracy, timeliness, deletion, mis-delivery of the services and content, or failure to store any user communications or personalization settings.
Registration Data and Privacy
You may visit some parts of our site without providing any personal information about yourself at all. If you wish to access the site in full, including the services and content on this site, you will require a unique account and password that can be obtained by completing our online registration form. The form requests certain information and data (“Registration Data”), and you are required to maintain, update, and keep current your Registration Data. By registering, you agree that all information you provide in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Payment of Fees
If you subscribe to a portion of the service or membership on this site that requires payment of a fee, you agree to pay all fees associated with such service or membership. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 15 days of the change.
Your membership will renew each month on or just after the day of the month you began your membership. So, for instance, if your subscription began on the 5th of the month, it will renew each month on the 5th, or the nearest business day after the 5th of the month. You may cancel your membership at any time with 5 business days’ notice by clicking the cancel membership button on your account. If you have properly cancelled your membership, you will not accrue further charges and your rights and membership will terminate. If you cancel your membership with less than 5 business days’ notice, then you will be charged for the following month and your termination will take place one month hence.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agreement that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. You agree that until your subscription to the service is terminated by you or us, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
Any charges associated with the use of or access to our content are nonrefundable. If you are dissatisfied with the content provided on the site, you may cancel your membership or subscription and request a refund, but the decision to issue a refund will be at our sole and exclusive discretion.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In such case, your account will be closed and you will not be allowed access to those areas of the site that require membership. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Information
This site may link you to other websites or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites require you to leave the Winefraud.com environment and access sites over which we have no control. We make commercially reasonable efforts to insure these websites are of interest to you, but we are not associated with these sites and do not guarantee the content on them will be safe, accurate, or of interest to you. Accordingly, you access these sites at your own risk. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
Some users may be entitled through their membership to display publicly the WINEFRAUD logo. Only those retailers who have a membership, have received permission from Winefraud.com, and who have implemented and accepted a policy that allows a buyer to receive a full refund for any bottle later determined to be fraudulent by Chai Consulting. The refund policy must cover bottles for a minimum of one year from date of purchase.
Restrictions on Use. By accessing, browsing, or using our content, you agree to the following restrictions:
- You will not copy, download, store, transmit, transfer, reverse engineer, or otherwise reproduce or exploit any portion of our content without our prior written consent.
- You will not use our trademarks (including the “look” and “feel” of our content), service marks, trade names, logos, and graphics without our prior written consent.
- To the extent that you are able to upload, post, or otherwise transmit information using our content or services, you will not upload, post, or otherwise transmit such information unless you have a legal right to do so.
- You will not use our content in any manner that could harm, infect, take over, disable, or otherwise impair our computer systems, including but not limited to our servers, networks, and other hardware and software used for our content.
- You will not interfere with any other user’s use or enjoyment of our content.
- You will not seek to gain access to any content, services, accounts, computer systems or networks through any means not intentionally made available by us.
- You will not use any network monitoring or discovery software to determine the site architecture, or to extract information about usage, individual identities, or users.
- You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our content without our prior written consent.
- You will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns.
- You will not use our services or content to advertise, promote, or solicit any goods or services by you or any third parties.
- You will not export our content in violation of any applicable domestic or international export control laws or regulations.
Third Party Licenses or Software. You agree to be bound by the terms of any licenses applicable to third-party software or content that is available or included with our content. You agree to indemnify us for any damages, liabilities, or expenses we incur arising out of your violation of such third-party licenses.
Trade Secrets. To the extent permissible by law, we consider information within our content to be proprietary information protected by trade secret law. This includes information regarding the nature and source of our content, as well as the functionality, appearance, and organization of our content.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Chai Consulting, LLC
Attn: Designated Agent
2269 Chestnut Street #214
San Francisco, CA 94123
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, CHAI CONSULTING, LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, CHAI CONSULTING, LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Company, its officers, managers, owners, employees, agents, designees, users, successors, and assigns from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from your breach of this Agreement, or use/misuse of WineFraud.com. The Company will have sole control of the defense of any such damage or claim.
User Name and Password
Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services and content available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account . Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event we are made aware of or suspect any unauthorized transfer or sharing thereof.
No software from this site may be downloaded or exported (a) into (or to a resident of) any country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Termination of Use
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any provision of this Agreement is found to invalid or unenforceable, such a finding will not affect the validity of the remaining terms and conditions, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of that term or any other term.
A printed version of this Agreement and any other notice or information we provide shall be admissible in legal proceedings, regardless of whether or not they are in digital or printed form when they are originated.