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Use of this Web site
This Web site ("the Site") is owned and
operated by BlueWine.com ("Site Owner").
Your use of the Site is subject to the
following terms and all applicable laws. In
addition, when using particular services
offered on the Site, you may be subject to
other applicable terms. By accessing and
browsing the Site, you accept these terms,
without limitation or qualification. If you
do not agree with any of the terms, please
do not use the Site.
The Site and the services offered thereon
are made available for your personal,
non-commercial use and information only.
Should you wish to make commercial use of
the services offered on the Site, you must
enter into an agreement with Site Owner.
The Site is controlled and operated by Site
Owner from Montreal, Province of Quebec.
Site Owner makes no representation that
materials on the Site are appropriate or
available for use in other locations. You
are responsible to ensure that your access
to the Site and material available on or
through it are legal in each jurisdiction in
or through which you access or view the Site
or such material.
By using the Site you agree that you may not
copy, mirror, reproduce, republish, display,
upload, post, transmit, create derivative
works from, distribute, modify in whole or
in part, reformat, transfer or sell, whether
in text, graphical, audio, video or
executable form, any material, information,
products or services offered on the Site or
any portion of the Site, except with the
express permission of Site Owner.
You agree not to introduce into or through
the Site any information or materials which
may be harmful to others. Among other things,
you agree not to include, knowingly or
otherwise, any erroneous or defective
material or information. You further agree
not to interfere or attempt to interfere
with the proper working of the Site.
Site Owner shall have the right (in its sole
discretion) to move, refuse or remove any
material that is available on the Site,
including but not limited to third party
links. Without limiting the foregoing, Site
Owner shall have the right to remove any
material that violates its directives or
that is otherwise objectionable.
Site Owner occasionally receives requests to
remove links and listings from the Site.
Site Owner reserves the right to address
such requests on a case-by-case basis.
Site Owner may modify or terminate its Site
from time to time, for any reason, and
without notice. Site Owner reserves the
right to change any material appearing on
the Site and any features and functions of
the Site without prior notice. Site Owner
may deny you access to all or part of the
Site without prior notice, by reason of
unexpected technical problems or if you
engage in any conduct or activities that
Site Owner determines, in its sole
discretion, violate these Terms of Use or
other applicable terms, the rights of Site
Owner or any third party, or is otherwise
inappropriate. In the event Site Owner thus
modifies, terminates or denies access to its
Site, you agree that Site Owner shall not be
liable to you or to any third party
therefore.
Exclusion of warranties
ALL SERVICES, MATERIAL OR INFORMATION ON THE
SITE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTIES OF ANY KIND. SITE OWNER AND ITS
LICENSORS, OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, EMPLOYEES, SUCCESSORS AND
ASSIGNS DISCLAIM ALL WARRANTIES OR
CONDITIONS, WRITTEN OR ORAL, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Site Owner makes no representation or
warranty regarding the functionality or
condition of the Site, its suitability for
use and reliability, the availability of
material and information on the Site, or
regarding title or non-infringement. Site
Owner does not represent or warrant that the
operation of the Site will be uninterrupted
and error-free.
SITE OWNER ASSUMES NO OBLIGATION TO UPDATE
THE CONTENT OF THE SITE. THE CONTENT OF THE
SITE MAY BE CHANGED WITHOUT NOTICE TO YOU.
SITE OWNER IS NOT RESPONSIBLE FOR ANY
CONTENT OR INFORMATION THAT YOU MAY FIND
UNDESIRABLE OR OBJECTIONABLE.
While Site Owner may update the information
or materials on the Site from time to time,
Site Owner does not represent or warrant
that information or material on the Site or
accessed through the Site will be accurate,
complete, reliable, or free of errors,
defects, viruses or other harmful
components, or that any such problems which
are discovered will be corrected.
SITE OWNER, ITS LICENSORS, OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES,
SUCCESSORS AND ASSIGNS DISCLAIM ANY
WARRANTIES FOR PRODUCTS OR SERVICES RECEIVED
THROUGH OR ADVERTISED ON THE SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED ON THE
SITE, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH ANY LINKS PROVIDED
ON THE SITE.
Site Owner does not control the quality,
safety or legality of items available
through or on third party Web sites or on
advertisers' Web sites, the truth or
accuracy or legality of the content from
those third parties or advertisers, or the
availability or technical capabilities of
third party or advertisers' Web sites.
Nothing contained in any of the services
offered on the Site is an offer or promise
to sell a specific product for a specific
price or that any advertiser will sell any
product or service for any purpose or price
or on any specific terms. Site Owner does
not guarantee the price, terms, product,
availability and/or services offered by any
advertiser.
You are solely responsible for the retrieval
and use of any material on the Site. You
should use your own judgment in making any
use of any material, including, without
limitation, the use of the information as
the basis for any conclusions. The
information and materials on the Site are
not intended to provide specific technical,
financial, tax, legal, business, accounting
or other advice for your individual
circumstances, and you should consult your
own professional advisors to determine how
any information or materials provided on the
Site apply to your individual circumstances.
These exclusions are in addition to any
specific exclusion otherwise provided in
these Terms of Use.
Limitation of liability
NEITHER SITE OWNER NOR ITS LICENSORS,
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
EMPLOYEES, SUCCESSORS AND ASSIGNS WILL BE
LIABLE FOR ANY DAMAGES, EITHER DIRECT OR
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL, FOR RELIANCE ON, USE OR
MISUSE OF OR INABILITY TO USE THE SITE,
MATERIAL, PRODUCTS OR SERVICES OF ANY KIND
PROVIDED ON OR THROUGH THE SITE, OR FOR ANY
DELAY, PARTIAL DELIVERY, INTERRUPTION OR
SUSPENSION OF SERVICES, TERMINATION OF
RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR
GOODWILL, WHETHER ON A CONTRACTUAL OR
EXTRACONTRACTUAL BASIS, OR TO PROVIDE
INDEMNIFICATION OR ANY OTHER REMEDY TO YOU
OR ANY THIRD PARTY. Your sole and exclusive
remedy is to discontinue using and accessing
the Site.
NEITHER SITE OWNER NOR ITS LICENSORS,
OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
EMPLOYEES, SUCCESSORS AND ASSIGNS WILL BE
LIABLE FOR ANY MATERIAL OF WEB SITES IT
LINKS ON THE SITE OR FOR INFORMATION
CONTAINED IN OR PART OF THE SITE, INCLUDING
BUT NOT LIMITED TO SEARCH RESULTS. NEITHER
SITE OWNER NOR ITS LICENSORS, OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES,
SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR
DAMAGES INCURRED BY REASON OF SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED
ON THE SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE SITE. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
SERVICES OFFERED ON THE SITE OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON
OR IS LINKED OR RELATED IN ANY WAY TO THE
SITE.
Site Owner, its licensors, officers,
directors, agents, subsidiaries, employees,
successors and assigns will not be liable
for the operability or availability,
deletion, failure to store, misdelivery, or
untimely delivery of any information or
material on the Site.
Site Owner is not involved in any
transactions or dealings between you and any
advertisers, and is not responsible for, and
does not guarantee the price or performance
of any goods, services or information
provided by advertisers. If you have a
dispute with one or more advertisers, you
agree that Site Owner, its licensors,
officers, directors, agents, subsidiaries,
employees, successors and assigns shall not
be responsible or liable to you or to any
third party for any loss or damage (actual
and consequential) incurred as a result of
any such dealings or transactions or as the
result of the presence of such advertisers
on the Site.
In no event will Site Owner, its licensors,
officers, directors, agents, subsidiaries,
employees, successors and assigns be held
liable for any damage or loss resulting
directly or indirectly from acts of nature
or causes beyond its reasonable control,
including, without limitation, Internet
failures, computer and telecommunication
failures, electrical power failures, viruses,
data corruption, transmission errors or
problems, lack of availability of facilities
including computer resources and stored
data, the use or inability to use the Site;
third-party Web sites, products or services;
strikes, riots, insurrections, governmental
actions, fires, floods, storms, explosions;
orders of domestic or foreign courts or
tribunals; or non-performance of third
parties, even if Site Owner has been advised
of the possibility of such damages or loss.
Site Owner, its licensors, officers,
directors, agents, subsidiaries, employees,
successors and assigns will not be liable
for any damage resulting from downloading or
accessing any information or material
through the Site. You agree that you
download or otherwise obtain material or
data through the use of the Site at your own
discretion and risk and that you will be
solely responsible for any damages to your
computer system or loss of data that results
from the download of such material or data.
Links to other Web sites
Links and references to other Web sites and
search results appearing on the Site are
provided to you as a convenience only. The
Web sites displayed as search results or
linked to on the Site are developed by
people over whom Site Owner exercises no
control. When you access such Web sites, you
are doing so at your own risk. Site Owner
does not expressly or impliedly endorse
other Web sites or any information or
material found on such sites, or the
accessibility thereof via such links, and
does not assume any responsibility for any
such other Web sites, information or
material posted or products or services
offered thereon. The mention of another
party or its product or service on the Site
should not be construed as an endorsement of
that party or its product or service.
Ownership
All material appearing on the Site,
including but not limited to information,
reports, text, data, databases, Web pages,
images, illustrations, software, audio clips
and video clips, including the manner in
which such material is presented or appears,
as well as the technology underlying the
Site, the services offered on the Site and
any software used in connection therewith,
are owned or otherwise provided by Site
Owner and are protected by applicable
intellectual property and other laws.
Trademarks, logos and service marks (collectively
"Marks") displayed on the Site are
registered or unregistered Marks of Site
Owner or others, are the property of their
respective owners, and may not be used
without written permission of the owner of
such Marks. Any information or material
contained on the Site which may be
reproduced pursuant to these Terms of Use
must bear the proprietary rights notices
which originally appear on or in conjunction
with such information or material.
You acknowledge that information or material
which you provide to Site Owner
electronically through your access to or
usage of the Site does not infringe the
rights of any person or entity and is not
confidential or proprietary, except as may
be required under applicable law, and
acknowledge that unprotected e-mail
communication over the Internet is subject
to possible interception, alteration or loss.
Privacy
Site Owner's
Privacy
Policy is part of these Terms of Use,
and you agree that use of data as described
in the Privacy Policy is not an actionable
breach of your privacy or publicity rights.
Reserve of rights
All rights not expressly granted in these
Terms of Use are reserved to Site Owner.
Nothing contained in these Terms of Use
shall be construed as conferring any license
or right under any copyright, patent,
trademark or other intellectual right of
Site Owner or any other person or entity.
Severability
Should any provision or portion of these
Terms of Use be held unenforceable by a
court of competent jurisdiction, such
provision or portion shall, as to that
jurisdiction, be ineffective to the extent
of such unenforceability, all without
affecting the remaining provisions of these
Terms of Use or affecting the validity or
enforceability of such provision in any
other jurisdiction.
Interpretation
The division of these Terms of Use into
sections and the insertion of headings are
for convenience of reference only and shall
not affect the construction or
interpretation of these Terms of Use.
In these Terms of Use, words importing the
singular number include the plural and vice
versa, words importing gender include all
genders; and words importing persons include
individuals, sole proprietors, partnerships,
corporations, trusts and unincorporated
associations.
Governing law
The Site is controlled and operated by Site
Owner from Montreal, Province of Quebec, and
these Terms of Use shall be governed by the
laws of the Province of Quebec and the
applicable laws of Canada without reference
to principles of conflict of laws. You agree
to be bound by such laws and to submit to
the jurisdiction of the courts of the
Province of Quebec in connection with the
interpretation or application of these Terms
of Use.
Entire agreement & waiver
These Terms of Use and any and all legal
notices on the Site constitute the entire
agreement between you and Site Owner and
govern your use of the Site and the
materials appearing and services offered
thereon. You may also be subject to
additional terms and conditions that may
apply when you use advertiser, affiliate or
other services offered on the Site.
Site Owner's failure to exercise or enforce
any right or provision of these Terms of Use
will not be deemed to be a waiver of such
right or provision. No waiver of any
provision of these Terms of Use shall be
effective and binding on Site Owner unless
executed by Site Owner in writing. No waiver
of any of the provisions of these Terms of
Use shall constitute a waiver of any other
provision nor shall such waiver constitute a
continuing waiver unless otherwise expressly
provided.
Inurement & survival of terms
These Terms of Use shall inure to the
benefit of and be binding upon you and Site
Owner and on your and Site Owner's
respective successors and permitted assigns.
These Terms of Use apply while you are
accessing the Site and remain in effect
thereafter, subject to any modifications
made thereto. In the event that the Site is
no longer accessible to you, the provisions
of these Terms of Use relating to exclusion
of warranties, limitation of liability and
ownership shall survive thereafter.
Changes to these Terms of Use
Site Owner may modify, alter or otherwise
update the Terms of Use applicable to the
Site from time to time without notice, and
you agree to be bound by such Terms of Use
as are in effect at the time at which you
access the Site.
Notice
You may direct any questions concerning
these Terms of Use by email at web @
bluewine.com or by mail at:
BlueWine.com
4077 de mentana
Montreal, Quebec H2L 3S1 Canada
These Terms of Use were last revised on
December 11, 2006. |
Tasting
