Terms of Use

Last Updated: June 2021

These Terms of Use are entered into by and between you and Quantum Loop Solutions d/b/a WineryConnect (referred to as “WineryConnect,” “the Company,” “we,” “us,” or “our”). 

The following terms and conditions apply to and govern your use of: (i) the SavorConnect website located at https://savorconnect.com; and (ii) the SavorConnect  mobile application (the “Application”), both of which are owned and operated by WineryConnect.  The terms and conditions set forth herein also apply to and govern your use of the WineryConnect website located at https://www.wineryconnect.com/. 

For the purposes of these Terms of Use, https://savorconnect.com, and https://www.wineryconnect.com/ and all of the subdomains of the same, including any content, functionality, products and services offered thereon shall collectively be referred to as the “Website.”

The Website and Application are operated by WineryConnect.  WineryConnect offers the Website and Application, including all information, tools and services available from the Website and Application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated within the Terms of Use as you see them reproduced here.

Acceptance of the Terms of Use

By visiting the Website or Application and/or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use,” or “Terms”).  You also agree to be bound by the terms of our Privacy Policy, which is available at https://savorconnect.com/privacy.  These Terms of Use apply to all users of the Website and Application, including without limitation users who are visitors, browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Use carefully before accessing or using the Website or Application.  BY ACCESSING OR USING ANY PART OF THE WEBSITE AND/OR APPLICATION, YOU AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE.  These Terms of Use are a binding and enforceable agreement between you and WineryConnect.  If you do not agree to all of the terms and conditions of this agreement, then you may not access the Website or Application or use any of the services offered thereon.  If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

The Website and Application are offered and available to users who are age 21 and older.  By using the Website and/or Application, you represent and warrant that you are of legal age to form a binding contract with WineryConnect and meet all of the eligibility requirements set forth herein.  You must be of legal drinking age in your country to use or join, the Website and/or Application.  If you are not 21 years old, or do not meet each and every eligibility requirement set forth in these Terms of Use, you must not access or use the Website or Application.

Changes to the Terms of Use

We reserve the right to revise, update, or replace any part of these Terms of Use at any time in our sole discretion.  All changes are effective immediately upon posting, and apply to all access to and use of the Website and Application thereafter.

You can review the most current version of the Terms of Use on this page at any time.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Website and/or Application following the posting of any changes constitutes your acceptance of those changes and your agreement to be bound by them.  The latest version of the Terms of Use will govern any dispute that may arise between you and WineryConnect.  Any new features or services which are added to the Website or Application shall also be subject to the Terms of Use.  

Accessing the Website and/or Application

Certain portions of the Website and/or Application are generally available to users in the general public without registration, and you may visit and browse these portions of the Website and/or Application without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit, discontinue, or restrict any portion of the Website and/or Application at any time and from time to time, without notice to you.  Further, we reserve the right to withdraw or amend any service, product or material we provide on or through the Website and Application, in our sole discretion without notice.  You understand and agree that we will not be liable TO YOU OR TO ANY THIRD PARTY if for any reason all or any part of the Website AND/OR APPLICATION is unavailable OR INTERRUPTED at any time or for any period.  From time to time, we may restrict access to some parts of the Website or Application, or the entire Website or Application, to users, including registered users and guests.

To access other portions of the Website and/or Application and some of the resources they offer, you may be asked to register and provide certain registration details or other information.  It is a condition of your use of the Website and Application that all the information you provide on or through the Website and Application is correct, current, and complete.  You agree that all information you provide to register with or use the Website, Application, or otherwise, including but not limited to through the use of any interactive features on the Website or Application, as may be applicable, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, are provided with, or opt to create, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your username, password, other login credentials, and account are personal to you and agree not to provide any other person with access to this Website or Application, or portions of the Website or Application, using your username, password, login credentials or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information.

We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

We reserve the right to refuse service to anyone for any reason at any time.

You, the user, are responsible for making all arrangements necessary for you to have access to the Website and/or Application.  You are similarly responsible for ensuring that all persons who access the Website and/or Application through your internet connection or device are aware of these Terms of Use and comply with them at all times.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Website and/or Application is not accurate, complete or current.  The material on the Website and/or Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  We may, but are under no obligation to update such material.  Any reliance on the material on the Website and/or Application is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website and/or Application, or by anyone who may be informed of any of their contents.

The Website and/or Application may also contain information and/or content provided by third parties.  All statements and/or opinions expressed in these materials, other than content provided by WineryConnect, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of WineryConnect.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We reserve the right to modify the contents of the Website and/or Application at any time, but we have no obligation to update any information on the Website and/or Application.  You agree that it is your responsibility to monitor changes to the Website and/or Application.

Intellectual Property Rights

The Website and Application, including all of the content, features, and functionality thereon (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by WineryConnect, its licensors, or other service providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Application for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Application, except as follows:

·         Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

·         You may store files that are automatically cached by your Web browser for display enhancement purposes.

·         You may print or download one copy of a reasonable number of pages of the Website or Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

·         With respect to the Application, you may download a copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the Terms of Use or our End User License Agreement.

·         If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

·         Modify copies of any materials from the Website or Application.

·         Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·         Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Application.

If you wish to make any use of material on the Website or Application other than that set out in this section, please address your request to: privacy@savorconnect.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or Application in breach of the Terms of Use, your right to use the Website and/or Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website, Application, or any content on the Website or Application is transferred to you, and all rights not expressly granted are reserved by WineryConnect.  Any use of the Website or Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

User Submitted Material and Contributions

The Website and Application may contain personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or Application.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website and/or Application will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website and/or Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

BY PROVIDING CONTENT ON OR THROUGH THE WEBSITE AND/OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO PROVIDE SUCH CONTENT AND SUCH CONTENT DOES NOT INFRINGE, MISAPPROPRIATE, VIOLATE OR CONTRAVENE ANY LAWS, REGULATIONS OR THIRD-PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS IN INTELLECTUAL PROPERTY.  FURTHERMORE, BY PROVIDING CONTENT, YOU REPRESENT AND WARRANT THAT YOU ARE FULLY AUTHORIZED TO PROVIDE SUCH CONTENT BY RIGHT OF OWNERSHIP, LICENSE, OR OTHER LAWFUL MEANS OF PERMISSION.  If you or any user of the Website and/or Application believes its copyright, trademark, or other property rights have been infringed by a posting on the Website or Application, as may be applicable, you or the user should send notification to us immediately.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WineryConnect, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for, or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website and/or Application.

WineryConnect will not publicly disclose any customer-specific information but may disclose aggregated and de-identified customer information related to the Services for promotional purposes, such as project summary and high-level outcomes of the Services.  You understand and agree that WineryConnect may copy, use, and modify any information that you provide through the Website and/or Application, or otherwise transmit to WineryConnect, including but not limited to all suggestions supplied by you that relate to the Services for the purposes of providing the Services to you and to improve the quality of our products and services.

Monitoring and Enforcement; Termination

We reserve the right to:

·         Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·         Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes upon any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Application, or the public, or could create liability for WineryConnect.

·         Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·         Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Application.

·         Terminate or suspend your access to all or part of the Website and/or Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or Application.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website and/or Application, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to the Website and Application, including any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. 

Additionally, User Contributions must not:

·         Contain any material that is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·         Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·         Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·         Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·         Be likely to deceive any person.

·         Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·         Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, entity, or organization.

·         Constitute unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

·         Contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

·         Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·         Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We neither endorse nor assume any liability for User Contributions.  We may, but have no obligation to, monitor, edit or remove content, including User Contributions, that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.  We take no responsibility and assume no liability for any User Contributions posted by you or any third party.

Personal Information

 

Your submission of personal data, as that term is defined under our Privacy Policy, through the Website and/or Application is governed by our Privacy Policy.  In addition to these Terms of Use, your use of the Website and Application is governed by and subject to the terms of the Privacy Policy.  Accessing, interacting with and/or using the Website and/or Application indicates your acceptance of the Privacy Policy and all of the terms contained therein.  Before using the Website and/or Application please refer to our Privacy Policy.

Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.  The Website and/or Application may link you to other websites on the Internet or otherwise include refences to information, documents, software, videos, materials and/or services provided by other parties that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of these websites and the materials available thereon.  We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply or constitute our endorsement of, or association with the third party.  We do not verify, endorse, or have any responsibility for, any such third-party websites, their business practices (including their terms of use and privacy policies), or any goods or services associated with or obtained in connection with any such website in any manner.  Your use of such third-party websites and/or applications is at your own risk.  If any third-party website or application obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.  Please read our Privacy Policy, which describes how we collect and use your personally identifiable information.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications.  Please review carefully each third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website and/or Application:

·         for any unlawful purpose;

·         to solicit others to perform or participate in any unlawful acts;

·         to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

·         to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

·         to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

·         to submit false or misleading information;

·         to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Application, Service or of any related website, other websites, or the Internet;

·         to collect or track the personal information of others;

·         to spam, phish, pharm, pretext, spider, crawl, or scrape;

·         for any obscene or immoral purpose; or

·         to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website and/or Application for violating any of the prohibited uses set forth in this section.

Disclaimer of Warranties

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE WEBSITE AND/OR APPLICATION AND OUR SERVICE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW WITH RESPECT TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).

 

YOUR USE OF THE WEBSITE AND/OR APPLICATION, AND ANY CONTENT THEREON IS AT YOUR OWN RISK.  THE WEBSITE AND/OR APPLICATION AND ANY CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER WINERYCONNECT NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND/OR APPLICATION.  WITHOUT LIMITING THE FOREGOING, NEITHER WINERYCONNECT NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE WEBSITE AND/OR APPLICATION OR ANY CONTENT THEREON WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE AND/OR APPLICATION OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND/OR APPLICATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

WINERYCONNECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING SHALL NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO CASE SHALL WINERYCONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE AND/OR APPLICATION, ANY RESULT PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless WineryConnect and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including, without limitation, any rights in intellectual property.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.

These Terms of Use are effective unless and until terminated by either you or us.  You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website and/or Application.  Your continued use of the Website and/or Application indicates your continued acceptance of the Terms and your agreement to be bound by them.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website and/or Application (or any part thereof).  Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Website and/or Application will cease immediately, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website or Application, as may be applicable.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.  

Entire Agreement

These Terms of Use and any policies or operating rules posted by us on the Website and/or Application constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and your use of the Website and Application shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York.  You specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the Western District of New York and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that WineryConnect has the sole right and discretion to commence and prosecute an action against you in connection with these Terms of Use, in your home jurisdiction.

Miscellaneous Terms

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void.  We may freely assign our rights and obligations under these Terms of Use.

Any failure by WineryConnect to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Any waiver of these Terms of Use by WineryConnect must be in writing and signed by an authorized representative.

Nothing contained in these Terms of Use nor your use of the Website and/or Application shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain responsible for its own actions.

If any provision of the Terms of Use is held to be illegal, invalid or unenforceable, such determination will not affect any other provisions herein and the Terms of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable.  Any provision which must survive in order to allow us to enforce its meaning shall survive termination of these Terms of Use; provided, however, no action arising out of these Terms or your use of the Website or Application, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website, Application or these Terms should be directed to: privacy@savoconnect.com