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.
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.
·
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
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.
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.
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
·
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.
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