Brella

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Terms & Conditions

IMPORTANT- READ THIS AGREEMENT CAREFULLY: YOUR USE OF THE www.brellawine.com WEBSITE AND SERVICES (THE “SERVICES”) IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS.

As used herein, ‘you,’ ‘your,’ and ‘user’ means the person, including the company or organization the person represents, that registers on this website, and “we,’ ‘our,’ ‘us,’ and ‘Brella Wine’ refers to Brella Wine, LLC.

1. ACCEPTANCE OF TERMS. Brella Wine makes available for your use on this web site (the “Site”) information content (the “Information”) and various services, subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing this Site, you agree to the Terms of Use. Brella Wine shall have the right, in its sole discretion and with reasonable notice posted on the Site and/or sent to your email address provided in the Services, to revise, update, or otherwise modify the Terms of Use and Services, temporarily or permanently. Your continued use of the Services will constitute your acceptance of, and agreement to, such changes. Your use of this Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, Brella Wine will terminate your authorization to use this Site.

2. SERVICES PROVIDED. Brella Wine, indirectly through an unaffiliated Internet service provider, shall provide you with electronic access, through your computer or other electronic device (collectively “Computer”), to the Information and Services provided on the Site.

3. USER CODES. As part of your registration process, you may be asked to select a user name (“Name”) and/or password (“Password”) (the Name and Password are hereafter referred to as (“User Codes”). The User Codes are for your personal use only. You are responsible for maintaining the confidentiality of the User Codes, and you agree not to provide them to any third party. You are responsible for all statements made and acts or omissions that occur while your User Codes are being used. You are responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to notify Brella Wine immediately, by email to info@brellawine.com, in the event of loss or theft of your User Codes, or if you believe the confidentiality of your User Codes has been compromised in any way, or in the event you learn about a possible or actual unauthorized use of the Site with your user codes. Brella Wine reserves the right to revoke your User Codes at any time without prior notice.

4. PRIVACY. The user’s right to privacy is of paramount importance to Brella Wine. Proprietary and confidential information provided by the user will not be shared with any third party other than designated by you via the user access designation functionality. The users shall have the ability to designate which Brella Wine customers can access their screening information that they upload onto the site. Brella Wine shall use best efforts to maintain such access selections made by you. You hereby acknowledge and agree that general business contact information; and product or services offered by your company may be accessed through the Site by our customers and other authorized users of our Services. Brella Wine reserves the right to use the information to provide the user a more personalized online experience. For details about Brella Wine’s privacy policies, please refer to the Brella Wine Privacy Policy, accessible online via the Site.

5. RESERVATION OF RIGHTS AND OWNERSHIP. The Services are licensed, not sold. Brella Wine reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property rights. Brella Wine owns all right, title and interest in and to the Services and all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or service marks of Brella Wine.

6. COPYRIGHT AND TRADEMARK NOTICE. All content provided by Brella Wine on the Site is copyrighted material. Brella Wine and its logos are trademarks of Brella Wine, all rights reserved. All other trademarks and copyrights appearing on the Site are the property of their respective owners. The trademarks, trade names, logos and service marks (“Marks”) displayed on the Site are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Marks in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of the Marks’ owner. Without limiting the foregoing, you also agree not to use the Marks for any unlawful purpose, and you shall comply with any request of the Marks’ owner to protect their respective rights in the Marks.

7. LINKS. The Site contains links to other World Wide Web sites, Internet locations and sources of information of persons, companies, organizations and other entities that are not under the control of Brella Wine (“Third Party Sites”). Brella Wine makes no representations whatsoever about any Third Party Site to which you may have access through this Site. When you access a Third Party Site, you do so at your own risk, and Brella Wine is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Third Party Sites or for the quality of any products or services available on these Third Party Sites. Brella Wine provides such links only as a convenience and the inclusion of such links does not imply that Brella Wine endorses or accepts any responsibility for the content or uses of such Third Party Sites. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Site.

8. PROHIBITED COMMUNICATIONS. Brella Wine may, but is not obligated to, monitor or review (a) any areas on the Site where users transmit or post communications or communicate solely with each other, and (b) the content of any such communications. Brella Wine, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.

9. WARRANTIES AND LIMITATION OF LIABILITY. (a) Except as expressly set forth in this agreement, all Information and Services on this Site are provided “as is” without any warranty of any kind and Brella Wine hereby expressly disclaim all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title. Without limiting the foregoing, Brella Wine makes no warranty that (i) the Information and Services will meet your requirements, (ii) the Services and Information will be uninterrupted, timely, secure, complete or error-free, (iii) the results that may be obtained from the use of the Service or Information will be accurate or reliable, and (iv) the quality of any Services or Information purchased or obtained by you from the site will meet your expectations. The site could include technical or other mistakes, inaccuracies or typographical errors. The Information and Services at this Site may be out of date, and Brella Wine makes no commitment to update such Information or Services. Brella Wine makes no representations and assumes no liability regarding the quality, safety, accuracy, or suitability of any information, documents, materials, services, or software which are referenced by or linked to this Site. References to other corporations, their services and products, are provided “as is” without warranty of any kind, either expressed or implied.

(b) Brella Wine shall not be liable for any harm caused by the transmission, through the Services or Information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property. Except (i) as otherwise provided by law and (ii) Brella Wine’s failure to use best efforts to limit access to individual user information to those Brella Wine customers that have been given access rights thereto by the individual user, Brella Wine shall have no liability for losses caused by the negligence, actions or failure to act of any third party provider, and to the extent permitted by law, neither Brella Wine, nor any of Brella Wine providers, shall be liable to you for any indirect, special, incidental or consequential damages of any kind, or any damages whatsoever (regardless of whether such damages are reasonably foreseeable), and on any theory of liability, arising out of or in connection with the use of this Site or of any third party site referenced or linked to from this Site.

(c) Brella Wine’s Limitation of Liability. NEITHER PARTY SHALL HAVE ANY LIABILITY HEREUNDER FOR INDIRECT, SPECIAL, LOST PROFITS AND BUSINESS INTERRUPTION OR OTHER SIMILAR DAMAGES, EVEN IF THE AFFECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LIABILITY OF EITHER PARTY FOR CONSEQUENTIAL DAMAGES SHALL BE CAPPED AT THEIR RESPECTIVE INSURANCE LIMITS.

10. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that you are of the age of majority and that all Information provided by you during the registration process is, to your knowledge, true, correct, complete and accurate.

11. CONFIDENTIALITY. Customers and other authorized users who access your Information through our Services shall agree to confidentiality and other terms and conditions of use in a separate agreement.

12. GOVERNING LAW AND JURISDICTION. By accessing this Site, you and Brella Wine agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Oregon, without regard to conflicts of laws principles thereof. You and Brella Wine also agree and hereby stipulate and hereby submit to the exclusive personal jurisdiction and venue of the State Court of Clackamas County, Oregon. Brella Wine makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations are responsible for compliance with all local laws.

13. TERMINATION. If you breach any of the Terms of Use, your authorization to use this Site terminates upon notice of such breach by Brella Wine. Upon termination, there shall be no refund of any monies paid by you for access to the Site. Paragraphs 4, 5, 6, 7, 8, 9, 11, 12, and 16 shall survive termination of this Agreement.

14. ASSIGNMENT. The Terms of Use shall be binding upon and inure to the benefit of the parties and their respective executors, heirs, successors and permitted assigns. You may not assign the Terms of Use or your rights or obligations hereunder without the prior written permission of Brella Wine. Brella Wine may assign the Terms of Use or any of its rights or obligations hereunder and agrees to give reasonable notice of such assignment.

15. ENTIRE AGREEMENT; SEVERABILITY. The Terms of Use and guidelines and rules referred to herein represent the complete and exclusive statement of the agreement and understanding between you and Brella Wine regarding your rights to access and use the Services and Information on the Site, and they supersede all prior and contemporaneous agreements and representations regarding such subject matter. To the extent there is any direct inconsistency between these Terms of Use for the Site and another agreement related to the subject matter hereof entered between you and Brella Wine, then the terms in such agreement will control. In the event that a subject is addressed in the Terms of Use for the Site and not in such agreement, then the terms in the Terms of Use of the Site will control. Except as herein provided, no waiver, modification or amendment of any provision of the Terms of Use shall be effective against Brella Wine unless the same is in writing and signed by an authorized official of Brella Wine. Should any term or provision in the Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.

16. WAIVER. Brella Wine’s failure to insist at any time upon strict compliance with any provision of the Terms of Use, or any delay or failure on Brella Wine’s part to exercise any power or right given to Brella Wine in the Terms of Use, or a continued course of such conduct on Brella Wine’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to Brella Wine in the Terms of Use are cumulative and not exclusive of any other rights or remedies which Brella Wine otherwise has at law or equity.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND BY USING THE SITE OR THE SERVICES, I AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.}