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Modification of these Conditions of Use:
Uncorked Tasting Room and Wine Bar, LLC reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Uncorked Tasting Room and Wine Bar, LLC web site Your continued access of this web site shall be deemed your conclusive acceptance of the modified agreement.
Privacy:
Please review our Privacy Policy, which also governs your visit to Uncorked Tasting Room and Wine Bar, LLC, to understand our practices regarding the use and disclosure of your personal information.
Electronic Communications:
When you visit Uncorked Tasting Room and Wine Bar, LLC or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses:
The entire contents of this web site, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Uncorked Tasting Room and Wine Bar, LLC, its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the web site contents without the prior express written consent of Uncorked Tasting Room and Wine Bar, LLC.
You may print or download portions of the materials from various areas of this web site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our web site constitutes a copyright infringement of another parties rights, please contact us immediately at legal@uncorkedtastingroom.com to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Uncorked Tasting Room and Wine Bar, LLC a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Uncorked Tasting Room and Wine Bar, LLC the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Web site Access:
Uncorked Tasting Room and Wine Bar, LLC grants you limited license to access and make personal use of this web site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Uncorked Tasting Room and Wine Bar, LLC. This web site or any portion of this web site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Uncorked Tasting Room and Wine Bar, LLC. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Uncorked Tasting Room and Wine Bar, LLC without the express written consent of Uncorked Tasting Room and Wine Bar, LLC. You may not use META tags or any other "visible text" which utilize spearheadcreative.com or any other derivative of our domain or company name without the express written consent of Uncorked Tasting Room and Wine Bar, LLC. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Uncorked Tasting Room and Wine Bar, LLC so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Uncorked Tasting Room and Wine Bar, LLC cannot and does not guarantee or warrant that files made available for downloading through the Uncorked Tasting Room and Wine Bar, LLC web site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Uncorked Tasting Room and Wine Bar, LLC are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability:
THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY Uncorked Tasting Room and Wine Bar, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. Uncorked Tasting Room and Wine Bar, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Uncorked Tasting Room and Wine Bar, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Uncorked Tasting Room and Wine Bar, LLC DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM Uncorked Tasting Room and Wine Bar, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Uncorked Tasting Room and Wine Bar, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Uncorked Tasting Room and Wine Bar, LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEB SITE Uncorked Tasting Room and Wine Bar, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, Uncorked Tasting Room and Wine Bar, LLC SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY Uncorked Tasting Room and Wine Bar, LLC IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO Uncorked Tasting Room and Wine Bar, LLC FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links:
Linked websites are not under the control of Uncorked Tasting Room and Wine Bar, LLC and Uncorked Tasting Room and Wine Bar, LLC is not responsible for the contents of any linked site or any link contained in a linked site. Uncorked Tasting Room and Wine Bar, LLC provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Uncorked Tasting Room and Wine Bar, LLC of the site.
Applicable Law:
By visiting the Uncorked Tasting Room and Wine Bar, LLC web site, you agree that the laws of the state of Texas, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Uncorked Tasting Room and Wine Bar, LLC.
Disputes:
Any dispute relating in any way to your visit or access of the Uncorked Tasting Room and Wine Bar, LLC web site or to the products or services you purchase through the Uncorked Tasting Room and Wine Bar, LLC web site shall be submitted to binding arbitration in Harris County, Texas except that, to the extent you have in any manner violated or threatened to violate Uncorked Tasting Room and Wine Bar, LLC' intellectual property rights, Uncorked Tasting Room and Wine Bar, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification:
You agree to indemnify, defend and hold harmless Uncorked Tasting Room and Wine Bar, LLC, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the web site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Uncorked Tasting Room and Wine Bar, LLC web site
International Use:
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Other Provisions:
Uncorked Tasting Room and Wine Bar, LLC failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Uncorked Tasting Room and Wine Bar, LLC may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address:
Please send notices by care of e-mail to: legal@uncorkedtastingroom.com
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