TERMS OF USE
AGREEMENT TO TERMS OF USE.
These Terms and Conditions of Use (the “Terms of Use”) apply to the Memphis Wine Society web site located at www.memphiswinesociety.com, and all associated sites linked to www.memphiswinesociety.com by Memphis Wine Society and its affiliates (collectively, the “Site”). The Site is the property of Memphis Wine Society, (“we” or “us”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Memphis Wine Society reserves the right, at its sole discretion, to change (including adding, removing or modifying) portions of these Terms of Use, at any time and without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Memphis Wine Society grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. THIRD PARTY LINKED SITES.
This Site may contain links to websites and servers maintained by other persons or organizations. These links are provided as a service to users and are not sponsored by or affiliated with Memphis Wine Society. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy. We have no control over how your submitted information is collected, used, or otherwise handled. We do not provide any warranty about the accuracy or source of information found on any of these third-party sites or servers, or the content of any file the user might choose to download from these third parties.
PRIVACY POLICY.
Memphis Wine Society's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Memphis Wine Society’s Privacy Policy, click on “Privacy Policy” found at the footer to this website. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
CONTENT; LIMITATIONS OF USE.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Memphis Wine Society, and is protected by trademark, trade dress, copyright and patent laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, publicly displayed, posted, encoded, uploaded, transmitted, translated, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Memphis Wine Society's express prior written consent. The Content on this Site, including without limitation, prices (if any), and the infrastructure used to provide such Content, is proprietary to Memphis Wine Society or its suppliers and providers. You may use information on Memphis Wine Society products and services if it is purposely made available by Memphis Wine Society for downloading from the Site, provided that you, (1) make no modifications to any such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) not remove any proprietary notice language in all copies of such documents, and (4) not make any additional representations or warranties relating to such information or documents.
In addition, and regardless of whether or not you have a commercial purpose, you agree not to: (i) access, monitor or copy any content from this Site using a robot, spider, scraper or other automated means or any manual process for any purpose; (ii) bypass or circumvent other measures employed to prevent or limit access to this Site (including violating the restrictions in any robot exclusion headers on this Site); or (iii) deep-link to any portion of this Site.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Memphis Wine Society, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that, in Memphis Wine Society’s sole discretion, imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Memphis Wine Society’s systems or networks, or any systems or networks connected to the Site or to Memphis Wine Society, or otherwise overburdens the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not manipulate identifiers in order to disguise the origin of any message or transmittal you send to Memphis Wine Society on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Memphis Wine Society or others.
LIMITATION OF LIABILITY; NO REPRESENTATIONS.
Memphis Wine Society expressly disclaims all liability for the use, reliability, or specific features of this Site, or the Content or interpretation of Content contained in this Site. A visitor who uses or makes decisions based on information contained on this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold us and our subsidiaries or affiliated companies harmless against any claims for damages arising from any decisions that the visitor makes based on such information or any use that the visitor makes on such information contained on this Site. While we have tried to provide accurate and timely information, this Site may contain inadvertent technical or factual inaccuracies and typographical errors. We do not represent or warrant that the information accessible via this Site is accurate, complete or current.
INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TEN DOLLARS (US $10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SUPPLIERS WHOSE TRAVEL OR OTHER SERVICES ARE OFFERED ON THIS SITE ARE INDEPENDENT ADVISORS, NOT AGENTS OR EMPLOYEES OF MEMPHIS WINE SOCIETY. MEMPHIS WINE SOCIETY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF THESE SUPPLIERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. KENSINGTON TOURS HAS NO LIABILITY FOR, AND WILL MAKE NO REFUND IN THE EVENT OF, ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL. MEMPHIS WINE SOCIETY TAKES NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, MEMPHIS WINE SOCIETY DOES NOT REPRESENT OR WARRANT THAT SUCH TRAVEL IS WITHOUT RISK.
PROMOTIONS, PRICING, CORRECTIONS.
Price and availability of all Membership and other services offered on this Site is subject to change without notice. Tax on certain services is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) in connection with your membership benefits. Taxes vary by location and type of service provided. The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product/service description, pricing and availability.
MISCELLANEOUS.
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute a binding agreement between you and Memphis Wine Society and are accepted by you upon your use of the Site. These Terms of Use constitute the entire agreement between you and Memphis Wine Society regarding the use of the Site.
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April 28, 2023