Last Updated: June 2021
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/.
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.
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 refuse service to anyone for any reason at any time.
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.
· 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.
· 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.
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.
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.
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.
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· 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.
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.
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.
· 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.
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.
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.
· 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.
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.
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: firstname.lastname@example.org