Terms of Services

User Agreement:

This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the wine recommendation services (the "Services") being offered at the URL: http://www.WinePicks.com and all affiliated web sites owned and operated solely by WinePicks (collectively, the "WinePicks Site"). As used in this Agreement, "WinePicks" refers to WinePicks, Inc. and any of its subsidiaries, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE WINEPICKS SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, WINEPICKS'S PRIVACY POLICY, AND WINEPICKS'S TERMS AND CONDITIONS.

WinePicks may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the WinePicks Site after a change in this Agreement, a change in the Privacy Policy, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

What we do

1. WinePicks provides the Services to USER for the purpose of assisting USER in selecting wines for purchase through third party Vendors (each a "Vendor"). The availability of a specific wine is determined at the time of USER's query, based upon the information secured by Winepicks. Winepicks, however, cannot guarantee the veracity of the information secured nor can it guarantee availability of any specific wine.

Privacy

2. WinePicks is committed to safeguarding your privacy online. Please review our privacy policy.

3. USAGE GUIDELINES The Services are being offered to USER for USER's personal use. WinePicks expressly reserves all its rights and remedies under applicable state and federal law.

Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. WinePicks reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content.

4. EMAIL POLICY You may receive periodic emails from WinePicks if you opted to receive such email at the time of registration with the WinePicks Site. If you would rather not receive email from WinePicks, please send an email to unsubscribe@WinePicks.com and you will be unsubscribed from receiving further mailings. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.

5. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER The materials and services provided for and depicted on the WinePicks Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the WinePicks Site ("WinePicks Content") is provided to USER by WinePicks for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the WinePicks Content or any information, software, or services provided by WinePicks hereunder. The WinePicks Content may be modified from time to time by WinePicks in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the WinePicks Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of WinePicks or its licensors in the Services or WinePicks Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of WinePicks or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of WinePicks or its licensors in the Services or WinePicks Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of WinePicks or any third party is granted under this Agreement.

6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT At WinePicks’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging or false advertising. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. WinePicks reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.

If you do submit material, and unless we indicate otherwise, you grant WinePicks a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WinePicks for all claims resulting from content you supply. WinePicks has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by WinePicks in its sole discretion. WinePicks takes no responsibility and assumes no liability for any content submitted by you or any third party.

7. ACCESS AND INTERFERENCE Much of the information on the WinePicks Site is updated on a real time basis and is proprietary or licensed to WinePicks by its Vendors or third parties. By using the WinePicks Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the WinePicks Site for any purpose without WinePicks’s express written permission.
  • Take any action that imposes or may impose (in WinePicks’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy WinePicks Content from the WinePicks Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the WinePicks Site.
  • You must have JavaScript enabled to use this site. Portions of the WinePicks Site, including but not limited to: making, modifying or canceling reservations, may not be accessible with JavaScript disabled.

8. LIABILITY LIMITATIONS IN NO EVENT SHALL WINEPICKS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE WINEPICKS SITE OR THE WINEPICKS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE WINEPICKS SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY VENDOR IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE WINEPICKS SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WINEPICKS SITE OR THE WINEPICKS CONTENT. WINEPICKS IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED VENDOR. ASIDE FROM THE SERVICES PROVIDED ON THE WINEPICKS SITE. WINEPICKS IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED VENDOR.

11. DISCLAIMER OF WARRANTY THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE WINEPICKS SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE WINEPICKS CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. WINEPICKS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE WINEPICKS SITE, THE WINEPICKS CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.

9. LINKS TO THIRD PARTY SITES The WinePicks Site may contain hypertext links to Web sites operated by parties other than WinePicks. Such hypertext links are provided for USER's reference only and WinePicks does not control such Web sites and is not responsible for their content. WinePicks's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

10. SEVERABILITY If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

11. NO ASSIGNMENT This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by WinePicks.

12. WAIVER Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

13. JURISDICTION This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Pennsylvania, U.S.A., without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Allegheny County.