LAST UPDATED: April 30, 2010
Subscriptions; Charges on Wine Club Member’s Billing Account
www.BoutiqueWineRoom.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.BoutiqueWineRoom.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.BoutiqueWineRoom.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.BoutiqueWineRoom.com in its sole discretion.
Modifications to Service
www.BoutiqueWineRoom.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that www.BoutiqueWineRoom.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Rules of Conduct
You agree to be responsible for your own postings and will use the Website in accordance with all applicable laws. You further agree that you will make no postings to the Website that involve any of the following:
Additionally, you will not take any action that imposes or may impose (in our sole discretion) an unreasonable load on our infrastructure; copy reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Website) from the Website without the prior express written permission of the Website and the appropriate third party, as applicable; interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website; or bypass any measures we may use to prevent or restrict access to the Website or any subparts of the Website.
www.BoutiqueWineRoom.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.BoutiqueWineRoom.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a www.BoutiqueWineRoom.com product is mistakenly listed at an incorrect price, www.BoutiqueWineRoom.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.BoutiqueWineRoom.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.BoutiqueWineRoom.com shall issue a credit to your credit card account in the amount of the incorrect price.
By posting to or otherwise engaging in any communication within the Website, you are granting to us the Website (or any of our assignees) a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, message, files or communication.
Limitation of Use
Although we do not routinely monitor the content of the Website, we reserve the right to remove material from the Website, block your access as we deem appropriate, or take other action with respect to the content in our sole discretion, although we are under no obligation to do so.
Choice of Law/Forum
Disclaimer of Warranty/Limitation of Liability
THE WEBSITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
www.BoutiqueWineRoom.com does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy, completeness or suitability of any content contained on the Website or of content accessible through links available on the Website. www.BoutiqueWineRoom.com does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.
“Boutique Wine Room” and www.BoutiqueWineRoom.com are trademarks of www.BoutiqueWineRoom.com. All other proprietary tools within the Website are trademarks of www.BoutiqueWineRoom.com. All other brands and names are the property of their respective owners. All graphics on the Website are trademarks of www.BoutiqueWineRoom.com. Use, reproduction, copying or redistribution of trademarks, without the written permission of www.BoutiqueWineRoom.com, is prohibited. All other trademarks or service marks appearing on the Websites are the marks of their respective owners.
We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Successors and Assigns
You acknowledge and agree that the Website will experience outages from time to time during which users of the Website may be unable to fully access or utilize the features of the Website.
You may terminate your membership and/or subscription at any time, for any reason. To terminate service, select “My Account” and then choose “Cancel Membership” from options on the left column of the screen. If you terminate your membership and/or subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Following the termination of your membership, we may keep your name and contact information for our internal record-keeping and reserve the right to contact you in connection with your past membership or use of the Website, if we believe such contact is appropriate.