Terms of Use, Disclaimers and Legal Notices
Posted: March 1, 2007
By accessing and using this web site, you are irrevocably agreeing to the following Terms of Use, Disclaimers and Legal Notice:
Terms of Use
Use of this web site is subject to adherence to the following terms and conditions, which you acknowledge as constituting a binding agreement (the "Agreement") between you and WineRunners Inc. (“WineRunners”) made in consideration of this site being made available to you by WineRunners. For purposes of this Agreement, WineRunners includes its subsidiaries, affiliates, partnerships, associations and joint ventures (as these terms are defined under the laws of the Province of Alberta, Canada), as well as their respective directors, officers, employees, representatives and agents. Your use of this web site indicates your acceptance of these terms and conditions.
WineRunners may terminate, change, suspend or discontinue any aspect of this web site, including the availability of any feature of this web site, at any time. WineRunners may also impose limits on certain features and services or restrict your access to parts or all of this web site without notice or liability. WineRunners may terminate the authorization, rights and license given to you herein and, upon such termination, you will immediately destroy all materials, if any, which you have retained from this website.
Use of Secure Areas
Use of the secure areas of this web site may be subject to one or more additional agreements or further terms and conditions. To the extent of any conflict between this Agreement and any additional agreement(s) and terms and conditions governing the use of any secure area, the agreement(s) and terms and conditions governing the use of the secure area will prevail.
Ownership
Copyright and Contents of Site
Copyright © 2007, WineRunners Inc. All rights reserved.
The contents of this web site are generally owned by WineRunners or are made available to you by WineRunners under license from the owner. WineRunners permits you to have access to the contents of this web site only under the terms of the limited license set forth herein, but you acknowledge that your use of that content is governed by applicable copyright, trade mark or other intellectual property law and agree that the contents of this web site may not be copied for commercial use or distribution, modified or re-posted to other web sites.
Copyright and Trade Marks
The trade mark "WineRunners" and other forms thereof are the property of WineRunners.
The material provided on this web site is protected by Canadian and worldwide copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without prior written permission from WineRunners. You also may not, without WineRunners’ permission, “mirror” any material contained on this web site on any other server. Permission is granted for you to make a single copy of documents published by WineRunners on this web site solely for information and non-commercial use within your organization or personally, provided that you keep intact all copyright and other proprietary notices. No other use whatsoever of the information provided on this web site is authorized or permitted.
WineRunners hereby grants you a limited license only to display, print or download a single copy of any of the contents of this web site for viewing or printing, solely for your personal, non-commercial and lawful use PROVIDED THAT you include the following copyright notice: "Copyright 2007, WineRunners Inc. All rights reserved." and other copyright and proprietary rights notices which are contained in the content of this web site.
WineRunners reserves the right to require you to delete, destroy or otherwise remove any of the content of this web site that you acquire as permitted herein and that is used in a manner that in WineRunners' sole opinion is illegal, inappropriate, derogatory or offensive. You may not modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the content of this web site in any way.
Disclaimer
THIS WEB SITE AND ITS ENTIRE CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS ONLY, AND ALL text, graphics, images, and other material contained on this web site are provided for general informational purposes only. USAGE OF THE WEB SITE IS AT YOUR OWN RISK. WINERUNNERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEB SITE OR ANY OF ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE OPERATION, AVAILABILITY OR STABILITY OF THIS WEB SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF ITS CONTENTS, OR NON-INFRINGEMENT THEREOF, OR THE MERCHANTABILITY OR FITNESS OF ANY SUCH INFORMATION OR CONTENT FOR ANY PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION THE TRANSMISSION OF ANY SUCH CONTENT FROM THE WEB SITE TO YOU. ANY IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, ON ANY SUCH MATTERS ARE HEREBY EXPRESSLY EXCLUDED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
IN ACCESSING THIS OR ANY OTHER WEB SITE IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU TAKE THE NECESSARY PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.
Limitation of Liability
WineRunners may provide hyperlinks or pointers to other web sites maintained by third parties over whom WineRunners has no control and if you decide to access any such web site you do so entirely at your own risk. These links have been provided solely for the convenience and information of users of this web site and WineRunners does not endorse the content of any third party sites and does not make any representations regarding their content or accuracy. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review. The fact that a link is provided to a third-party web site does not mean that WineRunners endorses, authorizes or sponsors any such web site or that WineRunners is affiliated with such third party.
IN NO EVENT will WINERUNNERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES whatsoever (WHETHER GENERAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL, OR resulting from loss of use, data or profits or revenues or costs of replacement goods whether based on an action in contract, tort [including BUT NOT LIMITED TO negligence] or other legal theory, OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY OUT OF or in connection with your access or use of (or inability to access or use) this web site or ITS ContentS, EVEN IF WINERUNNERS OR ANY OTHE PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
To the full extent permitted by applicable law, you agree to indemnify WineRunners against any and all liability resulting from any violation of any law arising from your use of this web site.
General Legal Matters
Governing Law and Jurisdiction
This web site was created and is maintained by WineRunners from its offices in Alberta , Canada . Third parties may be engaged by WineRunners to provide various services with respect to this web site. This Agreement and this web site are governed by the laws of the Province of Alberta , Canada , and any applicable federal laws of Canada , without giving effect to any principles of conflict of laws. Any dispute arising directly or indirectly under this Agreement, or from the use of this web site or the content thereof, is to be determined in accordance with the laws of the Province of Alberta and any applicable federal laws of Canada, adjudicated upon by a court of law in Alberta, Canada, and you irrevocably attorn to the non-exclusive jurisdiction of the Alberta courts.
WineRunners does not make any representation that access to this web site, or that any information contained in this web site, is appropriate or available for use throughout the world. If you access this web site from outside of Canada , you do so at your own risk and are solely responsible for compliance with all laws of your jurisdiction which apply at your point of web access, including, but not limited to, export and import laws and regulations.
The documents and information available on this web site are not intended to provide you with any advice, including without limitation any legal advice, nor are they the official versions of any documents required to be disclosed by WineRunners in compliance with applicable laws. There is no guarantee that the documents and information contained on this web site are the most current source for information on WineRunners.
Privacy
The following sets out WineRunners’ privacy policy with respect to use of this web site. While this web site’s servers do not collect specific e-mail addresses, domain names are collected and aggregated for the purpose of measuring certain types of usage data, such as the number of visits and access time. This information is used to measure the use of this web site and to improve its content. In the event a survey is conducted, WineRunners will notify you as to the intended use of the data.
By accessing and using this website, you signify your agreement with WineRunners’ privacy policy, and expressly and irrevocably consent to the collection of data as described herein. WineRunners reserves the right, at its sole discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this web site, following changes to these terms, deems you to have accepted those changes.
WineRunners does not guarantee that your personal information will not be captured by third-party web sites which may be connected to this web site by way of hyperlinks or pointers, and will bear neither responsibility nor liability if any personal information is either captured or utilized by third-party web sites.
Cookies
The web site and/or some of its pages might utilize “cookies” to enable WineRunners to better serve you with more tailored information when you return to this web site. Cookies are pieces of information that are transferred to your computer’s hard drive for record-keeping purposes. The information stored will make your usage of this web site easier and faster, without having to re-enter information on each visit. Cookies are also used when you request personalized information. These cookies are used to identify visitors when they return to this web site. They also serve to maintain the visitor’s identity, so you need only log in once.
WineRunners does not use cookies to retrieve information from your computer, to the extent that such information was not originally sent in the cookie, and WineRunners does not use information transferred through cookies for any promotional or marketing purposes. Some of WineRunners' web pages use cookies to track usage patterns in order to improve the usefulness and effectiveness of this web site. This information is not shared or sold to any third parties.
Other Matters
Entire Agreement, Assignment, Amendment, Waiver
This Agreement represents the entire agreement between you and WineRunners regarding access to and use of this web site and any content hereof. No assignment, modification or amendment of this Agreement will be effective unless made in writing and signed by WineRunners and no provision of this Agreement will be deemed to be waived or amended by WineRunners unless such waiver or amendment is in writing and signed by an authorized representative of WineRunners. Any waiver of any default committed by WineRunners in the observance or performance of this Agreement shall not extend or be deemed to extend to or affect any other default. You may not assign this Agreement.
Changes
WineRunners may, at any time without notice, revise any and all of these terms and conditions, and any information on this web site, and any changes will be effective immediately upon posting. Your continued use of this web site after any changes to this Agreement, or to any of the information on this website, are posted will be considered immediate and irrevocable acceptance of those changes.
Third Parties
Any mention of third party products or services is for information purposes only and does not constitute either an endorsement or recommendation by WineRunners of such product or service. All products, services and brand names are trademarks or registered trademarks of their respective holders.
Submission of Confidential Information by Users
As with any communication transmitted over the internet or any other medium, any unprotected e-mail communication over the Internet is not confidential, and is subject to possible interception, loss, and alteration. WineRunners 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 WineRunners or an e-mail sent by WineRunners to you at your request.
WineRunners hereby expressly discourages you from sending any confidential or proprietary information to it by way of this web site or email. You agree that any information or materials, which you or individuals acting on your behalf, provide to WineRunners by any method or medium whatsoever will not be considered confidential or proprietary unless expressly so agreed in advance and in writing by WineRunners. By providing any such information or materials to WineRunners, you grant to WineRunners an unrestricted, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, display, publicly perform, transmit and distribute, such information and materials, and you further agree that WineRunners is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to WineRunners. You further recognize that WineRunners prohibits, and you warrant that you will not transmit to this web site, any information or materials that are defamatory, threatening, obscene, pornographic, harassing, or otherwise illegal or unlawful, or that incorporate the proprietary material of another.
Severability
Any void, illegal, or unenforceable provision(s) of this Agreement shall not affect the validity or enforceability of the remaining provisions. Any provision which would otherwise be held by a court or tribunal of competent jurisdiction to be void, illegal or unenforceable shall be deemed to be modified (by reducing its scope, duration or applicability) to the extent necessary to render it valid and enforceable, but if such modification is not possible then such provision shall be deemed to be severed from this Agreement and the remaining provisions shall be binding and enforceable and construed without such severed provision(s).