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USER AGREEMENT
Welcome to the Wine Spectator School.com Web site (the "Site") provided by Wine Spectator ("Wine Spectator"). Access to and use of the Site is governed by the User Agreement ("Agreement") set forth below, any applicable laws, statutes, ordinances and regulations, as well as any operating rules or policies that might be published from time to time on the Site. This Site is a purely recreational web site available to those of legal drinking age. The Site encourages the responsible consumption of alcoholic beverages. Before you begin using the Site, Wine Spectator requires you read and accept the following Agreement and Privacy Policy. BY CLICKING ON THE BUTTON MARKED "I AGREE TO THE TERMS AND CONDITIONS OF THE WINE SPECTATOR SCHOOL.COM USER AGREEMENT AND PRIVACY POLICY" ON THE SITE, YOU ACCEPT AND AGREE TO THIS AGREEMENT AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to this, you may not access or otherwise use the Site.
Changes to this Agreement
Wine Spectator may, in its sole discretion, change, add or remove any portion of this Agreement, at any time. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
Modifications to Site
Wine Spectator reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Wine Spectator may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Fees and Payments
The fees and charges for each course ("Course") you register for will be billed automatically to your credit card at the time you register for that Course. You agree to pay or have paid all fees and charges incurred in connection with your user name or password (including any applicable taxes) at the rates in effect when the charges were incurred. Wine Spectator may change the fees and charges, or add new fees or charges, by giving you notice in advance. You will receive a full refund for fees and charges incurred in connection with a Course, if you terminate your enrollment by contacting Wine Spectator Customer Service at CONTACT US within five (5) days after the beginning of that Course, and if no one using your username and password has accessed anything beyond the first class in that Course.
User Information
In the course of your use of the Site, you will provide certain information to Wine Spectator (such information collectively is referred to as "User Information"). Wine Spectator's use of any User Information you provide shall be governed by the Privacy Policy.
User Conduct
You are solely responsible for your conduct while accessing the Site. You warrant and agree that: (A) you are at least twenty-one (21) years old at the time you register for and participate in a Course on the Site; (B) you are aware that it is illegal (i) to consume or purchase alcohol if you are underage, (ii) to purchase alcohol, including wine, for minors, and (iii) in many states, to give false information about your age; (C) if you decide to consume alcohol while using the Site, you will do so responsibly and at your own risk; (D) your use of the Site, username and password will only be for your own personal use and you will not provide your username and/or password to any other person to access the Site; (E) your use of the Site is for recreational purposes only; (F) you will not use the Site to send commercial messages, advertising, promotional materials or solicitations of funds, goods or services; and (G) you are responsible for all statements made and acts or omissions that occur while your username and password are being used.
Copyright and Trademark Notice
The Site is protected by U.S copyright laws and may be protected by the copyright laws of other countries and jurisdictions as well. Except as specifically permitted in accordance with this Agreement, any copy, reproduction, modification, display, performance, distribution or retransmission is strictly prohibited.
All trademarks appearing on this Site ("Trademarks") are trademarks of Wine Spectator and/or its licensees, licensors, agents, subsidiaries, affiliates and assigns. Any use of the Trademarks and any other trademarks, trade names or logos under which Wine Spectator, its officers, directors, employees, licensees, licensors, agents, subsidiaries, affiliates and assigns do business is strictly prohibited absent our prior written consent.
You may, however, on an occasional basis, download, reformat and print insubstantial portions of the Site for your personal, noncommercial use, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear on the Site.
THE SITE , INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WINE SPECTATOR DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE SHALL BE AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WINE SPECTATOR, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY LOSS, INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR INJURY THAT IS DIRECTLY OR INDIRECTLY RELATED TO YOUR RELIANCE ON, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, FEATURES AND FUNCTIONS RELATED THERETO EVEN IF WINE SPECTATOR OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF WINE SPECTATOR TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT YOU PAID TO WINE SPECTATOR FOR THE USE OF THE SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Indemnification
You hereby agree to indemnify, defend and hold harmless Wine Spectator, its officers, directors, employees, licensees, agents, subsidiaries, affiliates and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, judgements, costs and expenses (including, without limitation, reasonable attorneys' fees) in connection with any claim, suit or cause of action arising out of, based upon or resulting from any breach or violation by you of this Agreement, including any alcohol-related claims arising from or related to your consumption of alcohol while using the Site, or any other use or misuse of the Site. Wine Spectator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Wine Spectator.
Links
For your convenience, one or more links to other Internet Web sites may appear on the Site. Except for Web sites maintained by divisions, subsidiaries or affiliates of Wine Spectator, the Web sites to which links are provided are not under the control of Wine Spectator. Wine Spectator assumes no responsibility for the content of any non-Wine Spectator linked Web site or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Site and any other Web site is not and should not be construed as an endorsement by Wine Spectator of the owner or proprietor of the linked Web site, nor an endorsement of Wine Spectator by the owner or proprietor of the linked Web site.
Termination
This Agreement constitutes a binding agreement between you and Wine Spectator until terminated by you and Wine Spectator, which Wine Spectator may do at any time, without notice, in Wine SpectatorÕs sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site.
Governing Law
The Agreement shall be governed by and in accordance with the laws of the State of New York, without regard to conflict of laws provisions. Any controversy involving Wine Spectator or the Site arising from or in any way related to the Agreement or your use of the Site shall be heard in the appropriate State or Federal court in New York County, New York, and you irrevocably consent to the jurisdiction of such courts.
Notices and Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to Wine Spectator at CONTACT US to you at the e-mail address you provided to Wine Spectator. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Miscellaneous
In the event that any provision of the Agreement is held to be unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. The failure by either you or Wine Spectator to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and Wine Spectator and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
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