WeRise Wines Terms of service
Last Updated: 8/6/2024
Welcome to WeRise Wines. These Terms of Service (the “Terms”) are an agreement between We Rise Wines (“us” and “we”) and you (“you” and “your”) and apply to your use of our website werisewines.com (the “Site”). Please read these Terms carefully. If you do not agree with or do not accept these Terms, you have the choice to not use the Site. By using the Site and online content, you are accepting these Terms and our Privacy Policy and agree to be bound by both. We reserve the right to modify the Terms, the Site, and Privacy Policy at any time, effective upon posting of an updated version on the Site. When we do, we will revise the updated date at the top of this page. Continued use of the Site after any such changes shall constitute your consent to such changes.
Ownership and Rights
Unless otherwise indicated, the Site and all designs, functionality, source code, information, text, graphics, images, and audio on the Site (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and we retain all right. The Content and Marks are protected by copyright, trade dress, trademark, unfair competition, and/or other United States and international laws.
License
Provided that you comply with these Terms and the Privacy Policy, we grant you a limited, non-exclusive, and revocable license to access Site and our Content (the “License”). Through this License, you may view any Content on any single computing device and, provided that you keep intact all copyright and other proprietary notices, download and print the materials that we specifically make available for downloading from the Website, provided that such Content is not modified or altered in any way.
As a condition of this License, you agree you will not:
Unless otherwise specifically permitted for any particular Content, use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without our express prior written authorization.
Use any third-party software, automation software (bots), or other products or wares that mine, collect, or intercept any information or Content on the Site, or any information (even if anonymous or anonymized) about any other user of the Site.
Violate any applicable law, code, statute, or regulation.
Interfere with, or do anything which may cause the interference with, the operation of the Website or any other use of the Site.
Exploit any bugs, glitches, vulnerabilities, or unintentional mechanics of the Site, nor introduce any virus, worm, spyware, timebombs, or malicious ware or programs in or on to the Site.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Copy, use, publish, distribute, or exploit any of our Marks.
Prohibited Uses
In addition to other terms as set forth in these Terms, you are prohibited from using the Site or the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local laws, regulations, order, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
Disclaimer of Warranties
Our Site and Content is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty or guaranty that the Site will be available at all times or at any given time, meet your requirements, or be uninterrupted, timely, secure, or error-free. You understand and agree your use of the Site and Content, and any information or data you obtain or download is done at your own discretion and at your sole risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
User Contributions
You retain ownership of any content you submit, post, or display on or through the Site (“User Contributions”). However, by submitting User Contributions, you (a) warrant to us that you have all rights to such User Content and to submit, post, and display the same; (b) warrant the User Contribution is not false, inaccurate, or misleading, and is not intended to disparage, mock, ridicule, abuse, harass, or intimidate anyone; and (c) grant us and our affiliates, subsidiaries, successors, and assigns, a fully paid up, worldwide, non-exclusive, royalty-free license to use, reproduce, publish, exploit, create derivative works from, distribute, and display all or any part of such User Contributions as we decide in our sole and complete discretion.
Links to Other Websites
The Site may be linked by, or contain links to, other third-party websites. We are not, directly or indirectly, implying any approval or endorsement of, nor affiliation or association with, any linked website, unless specifically stated on this Site. We are not responsible any other website or content thereon, nor do we assume any responsibility or liability for the actions, products, services, and content of any third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Right To Termination
We may suspend, disable, or delete your account (or any part thereof) if in our discretion believe that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account, you may neither use the Site nor re-register for any of our Services. We may block your email address and Internet protocol address to prevent further registration.
DMCA Notice
The Digital Millennium Copyright Act ("DMCA") provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the provider’s designated agent. If you believe in good faith that we should be notified of a possible online copyright infringement involving any of the Content on the Site, please notify us at hello@werisewines.com
Limitation of Liability
You and we agree that, to the fullest extent permitted by all applicable law, in no event will we, or our members, managers, affiliates, subsidiaries, partners, officers, directors, employees, agents, or representatives, be liable or responsible to you or any of your heirs, beneficiaries, trustees, representatives, successors, or assigns, for any indirect, incidental, special, punitive, treble, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages, arising out of related in any way to your use of or inability to use the Site and Content.
Indemnification
You agree to indemnify and hold harmless us and our members, managers, affiliates, subsidiaries, partners, officers, directors, employees, agents, representatives, and licensors from and against any liabilities, debts, injuries, losses, claims, causes of action, fines, forfeitures, expenses, damages, or costs, to include all reasonable attorneys’ fees, incurred in connection with your violation or alleged violation of these Terms or any willful misconduct on your part.
Dispute Resolution
We do not expect to have any dispute with you, but if and should one arise that we cannot resolve between us, you and we each agree that any legal action of whatever nature between us, to include (a) any dispute, disagreement, grievance, claim, or cause of action arising out of or in any way connected to this Site, the Content, or the Privacy Policy, or your use thereof, and (b) the interpretation, construction, and enforcement of these Terms and the Privacy Policy, shall be brought only in a state or federal court located in King County, Washington, and each u submits to the jurisdiction and venue of such courts and waive all defenses and objections to any other or more convenient court or location.
Waiver of Class Action
You agree that any claim, action, suit, or proceeding you bring shall only be on an individual basis. You waive to the fullest extent of the law any right to participate in, be a representative of, or seek relief as part of a class or collective action.
Governing Law
These Terms, the Privacy Policy, and any legal action shall be subject to and governed exclusively by the internal laws of the State of Washington without regard to any choice of law provisions.
Severability
All rights and restrictions contained in these Terms and the Privacy Policy may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms or Privacy Policy illegal, invalid, or unenforceable. If any provision or portion of any provision of the Terms or Privacy Policy shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Contact Information
If you have any questions about these Terms, the Site, or the Privacy Policy, please contact us at hello@werisewines.com