Effective Date: May 1, 2011
By using the Site you agree to be bound by these Terms. We reserve the right, in our sole discretion, to change, modify, add to, or delete from these Terms at any time by posting a revised version of these Terms on this page. Each version of these Terms will indicate at the top of this page the date they were last revised. Your continued use of the Site after any revised version of these Terms is posted constitutes your acceptance of the revised version.
If you do not understand these or any future Terms or if you do not or cannot agree to these or any future Terms, do not use or access (or continue to use or access) the Site.
You must be at least thirteen (13) years old to use the Site, and by using the Site, you represent and warrant that you are at least thirteen (13) years old. Any use of the Site, including any registration or attempted purchase, by anyone under thirteen (13) years old is unauthorized and is a violation of these Terms.
Supplementation of Terms:
You acknowledge that we may establish day-to-day operational practices that supplement these Terms, and we may implement and change these practices from time to time with or without notice. You acknowledge that we have no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
Anything you disclose or offer to us by or through this Site (“Communications”), including e-mails to us, shall be deemed and shall remain the property of Company. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL basis, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. We are free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this Site, through e-mail, or through any means other than through the procedures outlined elsewhere on this Site, you hereby RELEASE us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this Site or to us, you hereby grant us, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.
- The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by us, whether currently or in the future.
- The look and feel of the Site, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of Company and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Company.
- Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
- All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by Company, unless expressly so stated.
- You may not use any of the Trademarks to create a link to the Site without the prior written consent of Company.
- The content (text, images, audio, and video, as applicable) of the Site as well as the underlying programming code to create the Site is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed.
- Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Site or its underlying programming code.
- If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). We will promptly follow the take-down procedures set forth in the Copyright Act, and we will notify you of any counter-notice that we receive. Please contact us via the contact page to inform us of this situation.
Special Provisions Relating to Users Outside of the United States:
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Site (such as advertising or payments).
Restriction and Termination of Use:
We may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in our discretion, without cause, without prior notice, and without liability to you.
Limitations and Disclaimers:
- WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS ARE NOT NOR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE. IN ADDITION, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” OUR MAXIMUM LIABILITY TO YOU FOR ANY REASON OR CAUSE SHALL BE U.S. $10 (TEN DOLLARS). 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.
- We make no warranty that the Site will meet your expectations or needs, that your access to the Site will be uninterrupted or that the Site will be free from errors or defect (or that errors or defects will be corrected).
- The Site may contain links to third-party sites. We have not reviewed all of the third-parties to which the Site may be linked, and we are not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites.
You agree to indemnify, defend, and hold harmless Company, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site.
- These Terms constitute the entire agreement between you and Company relating to the subject matter hereof, and they supersede and replace any prior agreements between you and Company relating to the same. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any amendment to the Terms by you must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. These Terms do not confer any third party beneficiary rights.
- These Terms and the relationship between you and Company shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms shall be heard exclusively by the state or federal courts sitting in Pennsylvania. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
"The Wine Saver Pro is my favorite toy at the club. We have a small beverage program so great reds were always a huge risk with little reward. Now, with our ability to preserve these wines, our members are being exposed to a wonderful world of handcrafted wines from all over the world. We never dump old wine anymore. We do flights and glass pours with huge success. With its ease of use and outstanding ability to preserve wine, I couldn't imagine not having a Wine Saver Pro."
Nick C. Philip
Dining Operations Manager
Columbia Yacht Club
"With so many wineries competing for restaurant business, I need a bit of an edge, and the Wine Saver Pro is just what I need to make sure Daven Lore wines are always poured by the glass and protected."
Daven Lore Winery
"Great system to use in a retail outlet, as it allows consumers to try wines they would not usually try. It broadens their wine buying experience and can up sell to more premium wines. We have noticed a significant increase in premium wine sales due to the Wine Saver Pro."
Cronulla, NSW Australia
"Our wine distributor is thrilled their brands are being featured and their premium case sales have been soaring even in this difficult economy."