1. General

Welcome to our website. Please read these terms and conditions carefully because they are a binding agreement (“Agreement”) between you and International Wine Center (“IWC”, “We”, or “Us”) concerning your use of our websites.

This Agreement governs your use of the websites that link to this Agreement. In this Agreement, the word “Sites” refers to each of IWC’s websites which link to this Agreement and the services offered on those Sites. You agree to abide by the terms of this Agreement and our Privacy Policy simply by using or logging into the Sites.

Please note that we offer many services. Your use of IWC products or services is provided by IWC pursuant to a separate agreement. Any additional use of our products or services shall become part of and subject to this Agreement, if you use the Sites. IWC reserves the right to change the terms of this Agreement from time to time at its sole discretion and with or without notice. By using the Sites, you are expected to review this Agreement on a regular basis to ensure that you understand all terms and conditions governing the use of the Sites. If you do not agree to this Agreement, or changes to the Agreement, you must cease using the Sites. Continued use of the Sites indicates your acceptance of this Agreement.

The Sites are not for use by any minors (defined as those who are not at least 18 years of age) and you must not use the Sites if you are a minor.

2. Prohibited Conduct

The following activities are a non-exhaustive list of conduct that is expressly prohibited:

  1. Using the Sites to engage in any advertising or marketing;
  2. Using any robot, spider, other automatic device, or manual process to monitor or copy the Sites or any of their content;
  3. “Mirroring” the Sites or any of their content on any other server;
  4. Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Sites, or while using the Sites;
  5. Engaging in any action that imposes an unreasonable or disproportionately large load on the Sites or otherwise negatively interferes with their functioning and/or impacts a user’s access to the Sites;
  6. Publishing any Site material in any media;
  7. Selling, sublicensing, and/or otherwise commercializing any Site material;
  8. Using the Sites in any way that is, or may be, damaging to the Sites;
  9. Using the Sites contrary to applicable law and regulations, or in any way that causes or may cause harm to any person or business entity; and
  10. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Sites.

As a condition of your use of the Sites, you agree to not use the Sites or any information contained therein for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any of the Sites, other accounts, computer systems or networks connected to any IWC server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.

3. Termination

IWC may block, restrict, disable, suspend or terminate your access to all or any part of the Sites, or the services and materials contained therein, at any time for your breach of the terms of this Agreement with or without prior notice to you. Such termination could result in the forfeiture and destruction of all information associated with your account. All terms which by their nature should survive termination of this agreement will survive, including but not limited to, ownership rights, indemnity, warranty disclaimers, and limitation of liability.

4. Intellectual Property/Copyright

Other than content that you own, which you may have opted to include on the Sites, under this Agreement, IWC owns all original content, features and functionality on the Sites, and all other intellectual property and material contained therein. IWC reserves all of its rights in the Sites’ content and services.  Nothing contained herein grants you any right or license to use any copyright, trademark or design rights owned and controlled by IWC or any third party. You are granted a limited license, subject to the restrictions outlined in this Agreement, for the purpose of viewing the material on the Sites and accessing the services contained therein.

Except as specifically permitted herein, no portion of the information on these Sites may be reproduced in any form or by any means without prior written permission from IWC.

5. Links to Third-Party Websites

The Sites may contain links to, and content from, third-party websites, which are not under the control of IWC. IWC makes no representations whatsoever about any other website or content from any other website to which you may have access through the Sites. When you access a non-IWC website or content from a non-IWC website, you do so at your own risk and IWC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such websites. IWC expressly disclaims any potential liability associated with any such information, and such information is not incorporated by reference into these Sites. By accessing content from, or clicking on any hyperlinks to, third-party websites on these Sites, you acknowledge and agree to the foregoing limitations.

6. Warranties, Disclaimers and Liability

OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER IWC, NOR ITS AGENTS OR ITS SERVICE PROVIDERS (THE “ENTITIES”), MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITES OR THE INFORMATION CONTAINED THEREIN. IWC DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL APPLICABLE WARRANTIES.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL IWC NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD-PARTY’S USE OF THE SITES, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD-PARTY, EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

7. Indemnification

You agree to indemnify and hold harmless IWC, its affiliates, directors, officers and employees to the fullest extent of the law, from and against any and all losses, damages, liabilities, claims, judgments, costs, demands, causes of action, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of this Agreement or use by you of the Sites.

8. Privacy

Click here for IWC’s Privacy Policy, which will apply to this Agreement and your use of the Sites.

9. Governing Law; Jurisdiction

The Sites (excluding linked sites) are controlled by IWC from its offices within the United States of America. By accessing the Sites, you and IWC agree that all matters relating to your access to, or use of, these Sites shall be governed by the statutes and laws of the State of New York and United States of America, excluding conflict of law principles. You and IWC also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of the State of New York with respect to such matters.

10. General

This Agreement and other rules, guidelines, licenses and disclaimers posted via the Sites constitute the entire agreement between IWC and you with respect to your access to or use of the Sites, superseding any prior agreements between you and IWC on such subject matter (including any prior versions of this Agreement). Notwithstanding the foregoing, to the extent that any terms set forth in this Agreement expressly contradict any terms of a written agreement between you and IWC regarding the use of specific services or materials (“Executed Agreement”), the terms set forth in the Executed Agreement shall control. You may also be subject to additional terms and conditions that may apply when you use other IWC services, third-party content, or third-party software. IWC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any notification or consent. However, you may not assign or otherwise transfer your rights and obligations under this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure by IWC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

11. Contact Us

If you have any questions about this Agreement, please contact us.

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