Terms Of Use
SMWE Terms of Use Effective Date: March 30, 2012This site is operated by SMWE
When accessing and using this site, you agree to the terms and conditions that follow. If you do not agree to or cannot abide by these terms and conditions, you should immediately cease use of this site. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Permitted Users
This site is intended to be used and accessed only by people who are of legal age to purchase and consume wine. If you are of legal age in your country of residence and the country from which you are accessing this site, please continue. If you are not, please exit this site immediately. By continuing, you affirm that you are of legal age to purchase and consume wine in your country of residence and the country from which you are accessing this site.
Terminology
Throughout the site, the terms "SMWE", "we", "us", and "our" refer to, as appropriate in the context, SMWE and/or one or more of SMWE subsidiaries, partnerships, joint ventures, or affiliated companies.
Links
This site may include links to other sites, some of them operated by third-parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Third-party sites may contain information with which SMWE does or does not agree. Inclusion of links to other sites or references to unaffiliated products should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You should review the site policies and terms of use of any linked sites.
Purpose of This Site
This site is operated for the purpose of providing general information about SMWE. Products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.
Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information that we make available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this site shall be at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.
Use of Material from This Site
This site (including all its contents) is the property of SMWE or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, noncommercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available online.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant SMWE and its subsidiary, joint venture, partnership, and affiliated companies a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant SMWE and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Statement, which may be updated periodically. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SMWE and its parent, subsidiary, joint ventures, partnerships, and affiliated companies for all claims resulting from content you supply.
Trademarks
This site features logos and other trademarks and service marks that are the property of, or are licensed to SMWE. The site may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify us at the following address:
SMWE
ATTN: Corporate Counsel
14111 NE 145th Street
Woodinville, WA 98072
Telephone: 425-488-1133
Facsimile: 425-415-3340
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SMWE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SMWE, NOR ANY OF ITS PARENT, SUBSIDIARY, JOINT VENTURE, PARTNERSHIP OR AFFILIATED COMPANIES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR OF THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
Jurisdiction
SMWE is headquartered in Woodinville, WA in the United States of America, and this site is operated in the United States. The laws of the State of Washington govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of Washington for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes to These Terms
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
Thank you for visiting our site.
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