Terms of Service
Welcome to the Internet site of York Region Wine Club ("http://www.yorkregionwineclub.com").
York Region Wine Club includes http://www.yorkregionwineclub.com and other Internet sites affiliated
with York Region Wine Club (each a "York Region Wine Club Site"). Each York Region Wine Club
Site is operated by York Region Wine Club and its affiliates (collectively referred
to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE York Region Wine Club SITE IS SUBJECT TO THE
FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS York Region Wine Club SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF
THE York Region Wine Club SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY
EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED
BY York Region Wine Club FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR
CONTINUED USE OF THE York Region Wine Club SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS
TO THE TERMS OF SERVICE.
User Obligations
You agree not to do any of the following while using the York Region Wine Club Site:
- Intentionally or unintentionally violate any applicable law
or regulation.
- Access, tamper with, or use nonpublic areas of the York Region Wine Club Site or York Region Wine Club’s computer systems. Unauthorized individuals
attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the York Region Wine Club Site except as permitted
in writing by York Region Wine Club.
The Sale of Alcoholic Beverages
York Region Wine Club does not sell alcohol to persons under the age of 19. By
using this site you swear and affirm that you are over the age of 19.
York Region Wine Club makes every effort to ensure that alcoholic beverages are
not delivered to anyone who is under the age of 19. By using this site
you are acknowledging that the person receiving a shipment of alcoholic
beverages from York Region Wine Club is over the age of 19. If you do not agree
with these conditions of use please do not use this site. If you intentionally
or unintentionally misrepresent your age in order to provide alcohol to
a person under the age of 19 York Region Wine Club will prosecute you fully to
the extent allowable by law.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this York Region Wine Club Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of York Region Wine Club. York Region Wine Club neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this York Region Wine Club Site by anyone other than authorized York Region Wine Club employees acting in their official capacities.
Links
The York Region Wine Club Site may contain links to other web sites or resources. You acknowledge and agree that York Region Wine Club is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the York Region Wine Club Site does not imply that York Region Wine Club endorses the linked site.
How we use this information
York Region Wine Club may use the personally identifiable information collected on the website to contact customers regarding products and services offered by York Region Wine Club to the extent the User has agreed to it. We may also use this information for research purposes regarding the effectiveness of our website services, marketing, advertisingthis information with a third party either for free or by selling it, unless you specifically authorize such disclosures.
Protection of Content Provided by York Region Wine Club and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the York Region Wine Club Site ("Site Content") are copyrighted materials owned by or licensed to York Region Wine Club. The Site Content may contain trademarks, service marks and trade names which are owned by York Region Wine Club and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by York Region Wine Club, its affiliates, or third parties. Unless authorized in writing by an officer of York Region Wine Club, York Region Wine Club's trademarks may not be used in connection with any product or service that is not York Region Wine Club's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits York Region Wine Club. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of York Region Wine Club or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the York Region Wine Club Site. Nothing contained in the York Region Wine Club Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of York Region Wine Club, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to York Region Wine Club, its affiliates, and/or any third party, as applicable.
Notices
York Region Wine Club will give you any necessary notices by posting them on the York Region Wine Club Site. You authorize York Region Wine Club to send notices via electronic mail as well if York Region Wine Club decides, in its sole discretion, to do so. You agree to check the York Region Wine Club Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the York Region Wine Club Site.
Disclaimer of Warranties
ALTHOUGH York Region Wine Club ENDEAVORS TO
PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE York Region Wine Club
SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION
ON THE York Region Wine Club SITE. York Region Wine Club DOES NOT WARRANT THAT YOUR
USE OF THE York Region Wine Club SITE, OR THE OPERATION OR FUNCTION OF THE
York Region Wine Club SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE
OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED
OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT
THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE York Region Wine Club SITE IS AT YOUR OWN RISK AND YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH
YOUR USE OF THE WEBSITE. York Region Wine Club AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE York Region Wine Club SITE. THE York Region Wine Club
SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL York Region Wine Club AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE York Region Wine Club SITE, THE
USE OR PERFORMANCE OF THE York Region Wine Club SITE, THE DELAY OR INABILITY
TO USE THE York Region Wine Club SITE, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE York Region Wine Club SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE York Region Wine Club SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF York Region Wine Club OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE York Region Wine Club SITE,
OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE York Region Wine Club SITE. THIS SOLE AND EXCLUSIVE
REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS
York Region Wine Club'S LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the York Region Wine Club Site is governed by the
York Region Wine Club Privacy Policy.
Termination of your York Region Wine Club Account
York Region Wine Club may terminate your York Region Wine Club Account with or without cause at any time effective immediately.
Force Majeure
York Region Wine Club shall be excused from
performance under this Terms of Service if York Region Wine Club is prevented,
forbidden or delayed from performing, or omits to perform, any act
or requirement under this Terms of Service by reason of: (a) any
provision of any present or future law or regulation, (b) any act
or omission of a third party, or (c) any act of God, emergency condition,
war, computer or telecommunications failure or other circumstance
beyond the control of York Region Wine Club.
Survival
Any questions concerning this Privacy Policy may be directed by e-mail to
service@yorkregionwineclub.com.
General Provisions
You agree that York Region Wine Club and its
licensors may make improvements and/or changes in the Site Content
and services or events described in this Site, if any, at any time
without notice and without liability to you of any kind. You are
responsible for compliance with applicable local laws, keeping in
mind that access to the York Region Wine Club Site may not be legal by certain
persons or in certain countries. If any provision of these Terms
of Service is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. The failure of York Region Wine Club
to enforce any right or provision in these Terms of Service shall
not constitute a waiver of such right or provision unless acknowledged
and agreed to by York Region Wine Club in writing. The Terms of Service,
along with the York Region Wine Club Privacy Policy, comprises the entire
agreement between you and York Region Wine Club and supersede all prior
or contemporaneous negotiations, discussions or agreements, if any,
between the parties regarding the subject matter contained herein.
These Terms of Service are personal to you and you may not transfer,
assign, or delegate these Terms of Service to anyone without the
express written permission of York Region Wine Club. Any attempt by you
to assign, transfer, or delegate these Terms of Service without
the express written permission of York Region Wine Club shall be null and
void. These Terms of Service will inure to the benefit of York Region Wine Club’s
successors, assigns, and licensors. The paragraph headings in these
Terms of Service, shown in boldface type, are included to help make
the agreement easier to read and have no binding effect.
If you have any questions about these Terms of Service, please
email us at
service@yorkregionwineclub.com.