TERMS OF USE
KE Cellars, Inc. ("KE Cellars ") provides the KE Cellars Web Site including the KE Cellars Home Page and other KE Cellars content (collectively, the "KE Cellars Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE KE CELLARS SITE. BY ACCESSING THE KE CELLARS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE KE CELLARS SITE.
- Rules
While visiting the KE Cellars Site, you may not: post, transmit or distribute information constituting or encouraging conduct that is a criminal offense or give rise to civil liability, or otherwise use the site in a manner contrary to law or that would serve to restrict or inhibit any other user from using or enjoying the site or the Internet; post or transmit information or software that contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute information, software or other material obtained through the KE Cellars Site which is protected by copyright or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder; incorporate the material into another database, or use it for any public or private dissemination; attempt to sell, assign, sublease, or otherwise transfer any material appearing on this website; or mirror any material contained on this site on any other server.
- Monitoring
KE Cellars has no obligation to monitor the KE Cellars Site. However, you agree that KE Cellars has the right to monitor the site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the KE Cellars Site properly, or to protect itself or its subscribers. KE Cellars will not intentionally monitor or disclose any private electronic-mail message unless required by law. KE Cellars reserves the right to refuse to post or to remove any information that, in its sole discretion, is unacceptable, undesirable, or in violation of this Agreement.
- Privacy
KE Cellars cannot guarantee privacy for KE Cellars users, and recommends that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user. KE Cellars and its affiliate and related companies shall be relieved of all liability in connection therewith.
- Buying over the Internet
When making purchases or other transactions through the KE Cellars Site or the Internet, you may be asked by the Merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide through the KE Cellars Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes relating to purchases on the KE Cellars Site. KE Cellars is in no way responsible for charges you or any user of your account incurs when making purchases or other transactions in this manner.
- Limitation of Liability
KE Cellars takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the KE Cellarsl Site. Further, KE Cellars makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the KE Cellars Site for any purpose. All such software programs, documents and related graphics are provided without warranty. In no event shall KE Cellars, Inc., be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the site.
- Recourse
If you are dissatisfied with the KE Cellars Site or with any terms, conditions, rules, policies, guidelines, or practices of KE Cellars in operating this site, your sole and exclusive remedy is to discontinue using the KE Cellars Site.
- Confidential Information
You authorize KE Cellars to collect from any party and to retain all relevant information relating to your use of the KE Cellars Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify KE Cellars to the contrary, you further authorize KE Cellars to disclose to any party with whom KE Cellars has business relations all relevant information relating to your dealings with the KE Cellars Site.
- Indemnity
You agree to defend, indemnify and hold KE Cellars and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the KE Cellars Site or the placement or transmission of any message, information, software or other materials on the KE Cellars Site or on the Internet by you or users of your account.
- Intellectual Property/Use of Content
All content, including but not limited to logos, graphics, photographs, video, audio and other intellectual property identifying KE Cellars and its products and services referenced herein are trademarks or copyrighted material owned by KE Cellars or one of its affiliates or related companies. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners. This material may not be modified and may not be used, downloaded, copied, or distributed in any way except as part of an authorized download, copy or transmission of material on this site. No other use, copying or transmission of this material may be made without the prior written permission of KE Cellars.
- Reproduction and Alteration of Content
Content may not be reproduced on other web sites without permission from KE Cellars. Content on this site may not be used for commercial purposes. You may not create frames around KE Cellars’s web pages or use other methods to alter the presentation or appearance of our site.
- Linking
Non-profit or non-commercial sites may link without prior notice provided the link is not in any way misleading and does not imply sponsorship, endorsement or approval by KE Cellars or the linking party and its products or services; and provided the site does not promote a mission or service that runs counter to the values of KE Cellars. Commercial organizations may link provisionally provided the link is not in any way misleading; does not imply sponsorship, endorsement or approval by KE Cellars of the linking party and its products or services; and provided the site does not promote a mission or service that runs counter to the values of KE Cellars. Commercial sites must notify KE Cellars by sending an email to webmaster@kecellarsl.com . Please include your name, your organization name, contact information (telephone number and/or email address), the URL of your site, and a list of pages on the KE Cellars site to which you would like to link. KE Cellars will consider and approve in its sole discretion links if it determines that the link will not reflect unfavorably on KE Cellars, its members, and its partners. KE Cellars reserves the right at any time and in its sole discretion to request the removal of all links to the KE Cellars site. You agree to immediately remove all links to KE Cellars’s site upon such a request. KE Cellars reserves the right to amend these terms and conditions and its linking policy at any time. By continuing to link to the KE Cellars site, you agree to be bound to and abide by these terms and conditions. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials from the KE Cellars site.
- Links to Third Party Sites
Many links on this site are to third party sites. If you follow third party links, you will leave this site. KE Cellars has not reviewed all of these third party sites and is not responsible for any of these sites or the accuracy or reliability of any information or statements made on these sites. KE Cellars does not endorse or make any representations about these sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so at your own risk. If you find a link on our site or any third party link objectionable, you may notify us by emailing webmaster@kecellars.com . KE Cellars will consider such requests but has no obligation to remove the link or respond to the notice.
- Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of this site may be subject to prosecution.
- DISCLAIMER
THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL KE CELLARS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
Miscellaneous This Agreement, including any and all documents referenced herein, constitute the entire agreement between KE Cellars and you pertaining to the subject matter hereof. KE Cellars's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions. If any of the provisions contained in this Agreement are determined to be void or unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. |