Terms of Use

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS FOR THE USE OF THE Wine Market Journal WEBSITE. Herein the use of the name Wine Market Journal refers to all use of the site at winemarketjournal.com. Your use of this website constitutes acceptance of these Terms by you (“User,” “Subscriber,” or “Customer”). If you do not accept these terms and conditions please do not use our services. If you have any questions, please contact us. IT IS ADVISED THAT YOU READ THESE TERMS PRIOR TO EVERY USE OF THIS WEBSITE, AS THESE TERMS ARE SUBJECT TO CHANGE.

Before you may become a subscriber to the Wine Market Journal, you must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Wine Market Journal user.

We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by both parties. This agreement was revised on April 10, 2008.

  1. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. The Wine Market Journal may refuse our services to anyone at any time, in our sole discretion. Individuals must be at least 21 years of age if you reside in the United States or of legal drinking age in their country of residence. Further, your Wine Market Journal account and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
  2. Fees. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
  3. Your Subscription. Your subscription provides unlimited access to this information via the Internet from one or more personal computers. You may not access the information from more than one computer at any given time.
    1. We will use certain technologies to ensure that only one person is using each account at any given time. Sharing your login information with others is a violation of this agreement, may make it impossible for you to use the service when another person or entity is using your login and is grounds for immediate termination of your subscription without full or partial refund of your subscription fee.
    2. Who May Use Your Subscription. Your subscription is for your own personal use of the service. It may not be shared, resold, subdivided or sublicensed to anyone else.
    3. Except as described above, your subscription is not transferable to, or usable by, another person, business or other entity without our consent.
    4. We will use certain technologies to monitor your use of our service to be certain it is in compliance with the terms of this agreement. Intentional use of the service in a manner inconsistent with this agreement will be grounds for termination of your subscription. No full or partial refunds will be offered for subscriptions terminated for intentional use of the service not in compliance with this agreement.
    5. Access to the service using special computer programs (Web Robots, Web Wanderers, Scrapers, Crawlers, or Spiders) designed to systematically download the information in the database is strictly prohibited. We will use certain technologies to detect the use of these programs. Their use is a violation of this agreement and is grounds for immediate termination of your subscription (without a full or partial refund of your subscription fee).
  4. Release. You release the Wine Market Journal (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with us of our Services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  5. Your Information. Your information includes any information you provide to us or other users during the registration or through any email feature (defined herein as "Your Information"). With respect to Your Information:
    • Responsibility. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
  6. Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) attempt to circumvent the Wine Market Journal system by conducting transactions off the Wine Market Journal system; (i)use the Wine Market Journal's system or information to send unsolicited emails or other messages except as specifically related to a particular transaction; (j) abuse or threaten other the Wine Market Journal users or employees.
  7. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Wine Market Journal site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
  8. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
  9. Privacy. Our current privacy policies are incorporated herein by reference. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.
  10. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Wine Market Journal WEB SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
  11. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE INFORMATION PROVIDED ON THE Wine Market Journal WEBSITE. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  12. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  13. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
  14. No Agency. You and the Wine Market Journal are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
  15. Notices. Except as explicitly stated otherwise, any notices shall be given by email to questions@winemarketjournal.com(in the case of the Wine Market Journal) or to the email address you provide to the Wine Market Journal during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Wine Market Journal during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  16. Arbitration. Any controversy or claim arising out of or relating to this Agreement or our services, excluding legal action taken by the Wine Market Journal to collect our fees and/or recover damages for, or obtain an injunction relating to, the Wine Market Journal site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Alameda County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Wine Market Journal may seek any interim or preliminary relief from a court of competent jurisdiction in Napa County, California necessary to protect the rights or property of you or the Wine Market Journal pending the completion of arbitration.
  17. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Wine Market Journal, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  18. Disclosures. The services hereunder are offered by the Wine Market Journal, located at 474 Technology Way, Napa, CA 94558. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Questions? Please contact us at questions@winemarketjournal.com.