Version 1.o. Revision Date: 19 Dec 2022
Access to pottersettlementwines.ca and select other domains (the “Site”) is provided by Pottter Settlement Artisan Wines, Inc. (the “Company”). For the purposes of this Agreement, the Company shall mean all of the Company’s officers, directors, partners, agents and employees.
1. Scope of Use. The information, data and any other content provided on the Site (the “Information”) is provided by the Company for general informational purposes only and may not be redistributed by you. The Company reserves the right to modify the Site from time to time without notice and in its sole discretion at any time by updating this webpage. Your continued use of the Site after any modifications by the Company shall constitute your acceptance of such modifications. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information for any unlawful purpose. You agree to access the Site manually by request and not programmatically by macro or other automated means, and to view the Site only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means.
2. Disclaimer of Damages and Limitation of Liability. To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages under contract, tort or any other legal theory, however caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, on your use of, inability to use or reliance on the Site. Your sole remedy for dissatisfaction to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative liability of the Company is limited to the amount of fifty dollars ($5.00).
3. No Warranty. Everything on the Site is provided “as is” without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under the applicable law, the Company hereby disclaims all representations and warranties – express, implied or statutory – including, without limitation, all implied warranties of title, non-infringement, merchantability and fitness for a particular purposes, and all representations and warranties relating to the following: (i) the adequacy, timeliness, accuracy or completeness of any Information on the Site; (ii) that your use of the Site will be uninterrupted, error-free, or secure; (iii) that defects will be corrected; or (iv) that the Site is free of viruses or other harmful components. You assume total responsibility and any and all risk for your use of, or reliance on the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.
4. Copyright and Intellectual Property Ownership. The Site, and all Information therein, contains material owned by either the Company which is protected under copyright, trademark and other intellectual property laws (the “Intellectual Property”). You may not use, deconstruct, disassemble or decompile any of the Company’s Intellectual Property without the Company’s prior consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with the Company. You may not copy any of the Information provided on the Site.
5. Indemnity. You agree to indemnify, defend and hold harmless the Company from and against any claim, action or demand, including without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
7. Links to Other Websites. The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that the Company shall not be held responsible for the legality, timeliness, accuracy or completeness of any information located on or through any other third-party websites, nor for any loss or damages caused by your use of or reliance on any such content. If you decide to access a link, you do so at your own risk.
8. Termination. This Agreement, as amended by the Company from time to time in accordance with its terms, shall remain effective indefinitely until terminated by the Company. The Company shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.
9. Enforcement. Enforcement of this Agreement is in the Company’s sole discretion. Absence of enforcement does not constitute a waiver of the Company’s right to enforce. The Company reserves the right, and has absolute discretion, to remove, screen or edit content on the Site at any time and for any reason without notice. The Company reserves the right to seek any order, damages or remedy at law for any unauthorized use of any part of the Site or for any breach or threatened breach of this Agreement.