In these Terms of Web Site Use, certain words (particularly capitalized ones) may have special meanings. If they do, these special meanings are set out in the “General” section.
In these Terms of Web Site Use:
- “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
- “Linked Web Sites” means web sites of people other than Wine Magic™ which are hyperlinked from this Web Site.
- “Wine Magic™” stands for Wine Magic™ Inc. or any other entity in the Wine Magic™ group of companies, and includes any of the directors and employees of Wine Magic™ or any of its affiliates or any other person contributing to this Web Site.
- this “Web Site” means the whole or any part of the web pages located at www.Wine Magic™.com (including the layout of this Web Site; individual elements of the Web Site design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).
- “we” and “us” refer to Wine Magic™ and “our” has a similar meaning.
It is important to note that information, products, services and promotions may not be available in all States.
Please be aware of the laws of your municipality, state or country or that otherwise apply to you in relation to any of the matters described in the pages of this Site. If you choose to access this Site from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
Disclaimer of Liability
IN NO EVENT SHALL WINE MAGIC™ LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN CONNECTION WITH USE OF THIS WEB SITE OR A LINKED WEB SITE OR USE OF, OR RELIANCE ON, INFORMATION OR SOFTWARE APPLICATION(S) CONTAINED ON, AND/OR ACCESSED THROUGH THIS WEB SITE OR A LINKED WEB SITE This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.
Specific Warnings and Disclaimers
You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you or in your location. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. While we have made every effort to ensure that the information or any software application contained on or accessed through our Web Site is free from error, we do not warrant the accuracy, adequacy, completeness or fitness for any purpose of this information or software application nor do we warrant that the information or software application contained on, or accessed through this Web Site is Year 2000 compliant. In addition, we may, from time to time, change or add to this Web Site (including these Terms of Web Site Use) or the information, products or services contained therein without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date. To the extent permitted by applicable law, all representations, warranties and other terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, Wine Magic™’s liability is limited to the repair, replacement or reimbursement for the goods supplied by Wine Magic™ or the replacement or reimbursement for the services supplied by Wine Magic™, at Wine Magic™’s option.
This Web Site is our copyright property and copyright in the material on this Web Site is owned or licensed by us. Unless we agree otherwise in writing, you are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Trademark Act of 1946 et seq, as amended and similar statutes that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
- commercialize any information, products or services obtained from any part of this Web Site, without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark of Wine Magic™. If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this Web Site).
Linked Web Sites
This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the privacy practices or the content of Linked Web Sites. Links to those Linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those Linked Web Sites, or for any information, graphics, material, products or services referred to on those Linked Web Sites, even if they contain a Wine Magic™ logo. Unless stated otherwise on this Web Site, we have:
- a) no relationship with the owners or operators of those Linked Web Sites; and
b) no control over or rights in those Linked Web Sites.
Product Information and Supply
Material on this Web Site may contain general information about Wine Magic™ products and services. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for Wine Magic™ products and services.
Also, you should be aware that some of the product and services Wine Magic™ publishes on its Web Site may not be announced or available in your country. Any references to such products or services do not mean that Wine Magic™ intends to make them available in your country at any time. Please consult your local Wine Magic™ representative for more information on the availability our products and service.
Not offering advice
The Information within is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the information within without seeking the advice of a professional. A Wine Magic™ consultant can help to ensure that your own circumstances have been properly considered and that action is taken on the latest available information.
Wine Magic™ Inc. provides this Site and the Information within on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the information within, including without limitation, warranties as to operation, non-infringement, usefulness, completeness, accuracy, date of information, reliability and fitness for a particular purpose. Further, Wine Magic™ Inc. does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Wine Magic™ does not want to receive, either through our Web Site or otherwise, any information that is confidential or proprietary to you or a third party. You understand and agree that any information that you send to Wine Magic™ will not be considered confidential by us and will therefore not be treated as such. If you chose to send Wine Magic™ any information you agree that Wine Magic™ will, as a result, have the right to adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works based upon the information. In addition, Wine Magic™ will be free to use, for any purpose, any ideas, concepts or techniques you send to us. Notwithstanding the foregoing, Wine Magic™ will not disclose your name or the fact that you provided information to us unless:
- we first receive your consent to use your name;
- we advise you, prior to the publication or use of the information, of our intention to publish or use the information you provided with your name on it; or
- if we are required to do so by law.
Any unprotected e-mail communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send any confidential, proprietary or sensitive information via this medium. Wine Magic™ Inc. is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to Wine Magic™ Inc., or an e-mail sent by Wine Magic™ Inc. to you.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information contained within this site.
Wine Magic™ Inc. is not responsible for and will not be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with this Site or the information within, or your access to or use of, or inability to access or use this Site or the information within, or any action or decision made by you in reliance on this Site or the information within, or any errors in or omissions from this Site or the information within, or any unauthorized use or reproduction of this Site or the information within, even if Wine Magic™ Inc. has been advised of the possibility of these damages.
Links from or to websites outside this Site are for convenience only. Wine Magic™ Inc. does not review or control and is not responsible for, any websites linked from or to this Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and Wine Magic™ Inc. will not be responsible or liable for any damages in connection with such linking. In addition, Wine Magic™ Inc. does not endorse or approve of any websites linked from or to this Site.
Links to software are for convenience only and Wine Magic™ Inc. is not responsible or liable for any difficulties or consequences associated with accessing or downloading of any such software. Use of any accessed or downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies or is provided with such software.
This Site is administered by Wine Magic™ Inc. from its offices in Toronto, Canada. This Site, the information within, the Terms and any subsequent Disclaimers will be governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with this Site, the information within, subsequent Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of Phoenix, Arizona. You submit and adhere to the exclusive jurisdiction of the courts of Phoenix, Arizona to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this Site, the information within, Disclaimers and the Terms.
Information Security is Everyone’s Business
The rapid expansion of electronic communication has revolutionized the way we work and deal with you, our clients. At Wine Magic™ Inc., information security is of paramount importance and our employees are fully aware of their responsibilities to keep customer information safe, secure and confidential. Whether you choose to deal with us online, over the telephone, or in person, we follow strict security procedures to protect your information against unauthorized access, disclosure, alteration and misuse.