Terms & Conditions
This website is owned and operated by InsureMyWine LLC and related entities (collectively, “InsureMyWine").
As a condition of use of this website, User expressly agrees not to use the website or other Internet services provided by InsureMyWine for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through InsureMyWine's service. Without InsureMyWine's prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.
User agrees not to attempt to upload, post or otherwise transmit through or to this website any content that: is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any computer viruses or any other harmful programs or elements; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks; provide false information about User to InsureMyWine, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication; transmit junk mail, chain letters, or other unsolicited bulk email or duplicative message; collect information about other visitors to InsureMyWine website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses; sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by InsureMyWine; redistribute any content, including reviews, provided by InsureMyWine in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method; InsureMyWine reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
InsureMyWine has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other pages or other sites is strictly at User's own risk.
InsureMyWine's right to terminate
InsureMyWine reserves the right to terminate access to InsureMyWine services and websites at any time. In such event:
- User is no longer authorized to access InsureMyWine.
- User will continue to be subject to and bound by all restrictions imposed on User by these Terms and
- All licenses granted by User and all disclaimers by InsureMyWine and limitations of InsureMyWine's liability set out in these Terms or elsewhere on InsureMyWine's websites or documentation will survive.
Termination by user
If User is dissatisfied with any portion of the service, or with any of these Terms, User's sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.
User should assume that everything seen or read on this website (or other InsureMyWine-owned websites), received through related services, or downloaded from InsureMyWine servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. InsureMyWine does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with InsureMyWine. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of InsureMyWine, its affiliates and others. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of InsureMyWine or such third party that may own the Trademark.
User agrees to release InsureMyWine from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User's or another party's use of InsureMyWine website, services, products or third party references, except as expressly described herein. InsureMyWine expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by InsureMyWine's website, InsureMyWine employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by InsureMyWine.
Suitability and fitness
User acknowledges and agrees that User has made his or her own inquiries as to the suitability and fitness of InsureMyWine for the purposes of providing the services described herein, and that User has not relied on any representations made by InsureMyWine or its representatives other than those described in this Agreement
Modification of terms
InsureMyWine may at any time revise these Terms by updating the same at its website(s). When InsureMyWine updates these Terms, InsureMyWine will also revise the "Last updated" date and notify User by email that the Terms have changed and what changes were made. User is bound by any such revisions and should therefore review changes highlighted by such notices carefully.
This Agreement is governed by and construed in accordance with the laws of the United States of America without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and InsureMyWine with regard to use of this website or InsureMyWine services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed.
User hereby agrees to defend, indemnify and hold harmless InsureMyWine and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns (each a "InsureMyWine Party") against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against any InsureMyWine Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:
- User use of InsureMyWine websites or InsureMyWine services;
- The content, quality or performance of content that User submits to InsureMyWine websites;
- User connection to InsureMyWine websites;
- User violation of this Agreement; or
- User violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity except to the extent that such liability is the direct result solely of InsureMyWine's gross negligence or willful misconduct.
InsureMyWine reserves the right, at InsureMyWine's own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify a InsureMyWine Party, and User agrees to cooperate with InsureMyWine's defense of these matters at no cost to InsureMyWine.
The foregoing obligations of User are hereinafter collectively referred to as "Indemnity Obligations." Indemnity Obligations shall survive, for a period of five (5) years, after the latest of a product sale or termination of InsureMyWine's services under this Agreement. Customer agrees to promptly tender any payments due to any InsureMyWine Party under or in respect of the Indemnity Obligations within five (5) business days following written demand by the InsureMyWine Party.
Disclaimers/Limitation of liability
User use of and any browsing of InsureMyWine's website(s), related Internet services is at User's risk. To the extent fully permitted by law, neither InsureMyWine nor any other party involved in creating, producing, or delivering the website is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website or related services. The material contained in this website may contain inaccuracies and errors. InsureMyWine does not guarantee that the functional aspects of the website will be uninterrupted or error-free or that this website or the server that provides them are free of viruses or other harmful components.
Dispute Resolution / Waiver of right to litigate in court
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in Tarrant County, Texas before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration. The parties hereby agree to have all disputes, claims or controversies arising out of or relating to this Agreement decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties' rights as described in this Agreement. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.
Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by InsureMyWine to this website. Notifications shall be sent to the physical or email address of record for Customer or, if to InsureMyWine, to 2875 Market Loop, Southlake, TX 76092. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of twenty four (24) hours.
Privacy and security of personal information
This Agreement, together with any separate sale agreement(s) related to services provided by InsureMyWine between the parties herein, and supersedes all prior negotiations, representations or Agreements, either written or oral. Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Texas. In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, each and all remaining provisions of this Agreement shall remain in full force and effect. This Agreement will bind and benefit InsureMyWine and User, and their respective heirs, executors, administrators, successors, and permitted assigns.