|
|
Vintages Handcrafted Wines
Website Terms of Use
For vintageswine.com and any site owned or operated by Lino DiFelice or Vintages Handcrafted Wines. By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.
Liability
The materials and services offered in this site are provided "as is" and without warranties of any kind either express or implied. Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com or a Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com authorized representative has been advised of the possibility of such 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 no event shall Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific medical, legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from vintageswine.com and all information to which you have access through password-protected areas of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to this site. Lino DiFelice reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's written consent in advance. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Colorado, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and/or its affiliates' intellectual property rights, Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Fort Collins City, Colorado. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Fort Collins City, Colorado, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
- - -
BEFORE YOU CONTINUE PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY. BY CONTINUING ON YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
This Web site ("Site") is provided by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "," "we," "us'" or "our" refers to Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's username and password guidelines. YOU AGREE THAT YOU ARE AT LEAST 21 YEARS OF AGE AND THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at (970) 484-9813.
You may also contact us at:
Vintages' Handcrafted Wines
120 W. Olive Street
Fort Collins, Colorado 80524
2. Subscription Fees and Payments
You can always find current Subscription Fees (if any) posted on our site. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with product purchases or your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable, except as is stated by our fermented products guarantee.
Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com username and password will be billed to the credit card designated during a product purchase or registration process for the Site or subsequently designated by you.
If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at: info AT vintageswine DOT com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through vintageswine.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com does not pre-screen all content, but that Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Lino DiFelice (or material that other suppliers have licensed to Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com for their use) which is protected by copyright and other laws respecting proprietary rights. Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may Access this vintageswine.com for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and/or Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, and/or any of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com.
If you breach any provision of this Agreement, vintageswine.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com. While we use commercially reasonable efforts to provide accurate information, Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com gives no warranty as to the accuracy of the database and other content on the Site. Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com does not endorse the content on any third-party Web site, including Web sites of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's affiliates ("Third-Party Sites"). Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 21 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE PRODUCTS OR SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
16. Termination
Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com in a non-electronic record, and any assignment without Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's consent will be voidable at Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Colorado, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com and/or its affiliates' intellectual property rights, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed- upon mediator in the following location: Fort Collins City, Colorado. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: info AT vintageswine DOT com under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com may change the provisions of this Agreement. When Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com changes the terms of this Agreement, Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com except in a signed, non-electronic writing signed by an authorized representative of Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Lino DiFelice, Vintages Handcrafted Wines and vintageswine.com or its affiliates as a result of this Agreement or your use of the Site. |
|
